Asbestos Litigation

A significant amount of asbestos litigation has been handled in courts across the country. Asbestos exposure has been proved to cause lung diseases and damage through research.

It is essential for an attorney to understand how to spot asbestos products in each case. This can be done by speaking with colleagues or obtaining records, as well as taking samples from homes or work sites.

Liability

You may be entitled to compensation if you or someone you love is diagnosed with a disease related to asbestos. Compensation may help pay for lost wages medical expenses, as well as other expenses related to mesothelioma and other asbestos-related disease. You can either file a lawsuit or offer an agreement to the defendants.

There are typically multiple defendants in an asbestos case because there are many mining companies that produced asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who supplied services to mines or manufacturers that made use of asbestos or acted as employers could be held accountable for injuries suffered by victims.

Asbestos lawsuits are often categorized under product liability laws that are based on the common law and state laws that permit damages to be recovered from sellers of goods when they cause injuries. In a product liability suit where the injuries occurred due to an ineffective design or fabrication, and that the victim was not adequately informed about the dangers associated with products.

Defendants in asbestos cases often argue that they did not act recklessly and that their products are safe, even though doctors have long recognized the use of asbestos-containing products can cause various diseases. Moreover, companies that hid the risks of asbestos to increase profits have been accused of concealing the truth by attempting to suppress claims and also to prevent workers from seeking financial compensation for injuries they sustained.

A jury or judge can decide how to distribute the responsibility among defendants when more than one defendant is found to be responsible for an asbestos-related injury. This is known as allocation. The apportionment does not affect the total amount that a plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a company that made or sold asbestos can aid victims in recovering compensation. This includes the cost of medical treatments for their disease and the loss of earnings due to the inability to work. Victims can also receive compensation and punitive damages.

The lawsuit claims that the defendant acted negligently, meaning that it failed to take reasonable steps to ensure that the product was safe for its intended use. The lawsuit also claims that the defendant knew asbestos was a risk and failed to warn workers and consumers about this risk.

The estates or victims of those who have passed away from asbestos-related illnesses like mesothelioma can bring an asbestos lawsuit. A person may make a claim for personal injury in order to obtain compensation for financial and other damages including emotional distress and pain and suffering and loss of enjoyment of the life. Family members who are survivors of someone who has passed away due to an asbestos-related condition can make a claim for wrongful death.

Once an asbestos case is filed, the two parties exchange information in an process known as discovery. This process may take several months and may involve interviews with coworkers, family members, abatement workers and others in order to identify potential defendants.

Due to the complex nature of asbestos legal litigation, it is essential that plaintiffs get an experienced lawyer to handle their case. The law firm that a plaintiff or their loved ones chooses must have an understanding of the particular complexities involved in asbestos litigation and should be recognized by insurance companies and defendants for its expertise in asbestos cases.

Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to secure the maximum amount of compensation to our clients.

Contact us today for a no-obligation consultation if you have any questions about filing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us today to begin.

Settlements

When asbestos victims win their lawsuits, they receive compensation for the companies who exposed them to hazardous substances. The money is intended to compensate the victim as well as his or her family for the financial losses resulting from asbestos exposure. Compensation can also be used to cover suffering and pain.

Asbestos cases usually settle rather than going to trial, because it is less expensive and easier for defendant companies to resolve the matter this way. Settlements also reduce the negative publicity that could be associated with a trial verdict. It is crucial to select an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct thorough research on the history of their clients' employment as well as medical records and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be responsible for their illness. The lawyers can then collect evidence to use in a mesothelioma lawsuit that is strong.

In the course of pre-trial discovery and depositions mesothelioma lawyers are able to find evidence of asbestos-related companies negligence. The evidence usually comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. These documents usually show that asbestos producers were aware of the dangers of mesothelioma and other asbestos-related diseases however, they didn't tell their employees or the general public.

Many states set time limits known as statutes of limitations which determine how long asbestos victims have to make a claim. These deadlines vary from state to state, but are typically between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed, victims will lose their right to receive compensation.

The amount of money that victims can receive depends on their asbestos-disease diagnosis as well as how serious their condition is, asbestos case and other aspects. Attorneys consider treatment costs and other costs when they negotiate to ensure that patients receive enough money to pay for their medical expenses. Asbestos victims might also be able to file claims through trust funds that have been established to help those diagnosed with mesothelioma as well as other asbestos-related illnesses.

Some trusts are empty, while others continue to award substantial awards. For example, in 2018, a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets made by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can resolve issues that aren't easily resolved through settlement negotiations. For instance, there are differences in the calculation of damages and the extent to which a person's condition is caused by a particular exposure.

In a court of law, plaintiffs will need to prove they are entitled damages, including past and future medical costs, lost wages, damage to property or property, pain and discomfort and loss of consortium. In addition, the defendant must show that it is accountable for the asbestos-related injury. The process of trial is usually lengthy. In the last 10 years mesothelioma-related jury awards cases have increased dramatically and far exceeded the amount that is awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand the process of trial, and can explain their legal right before a judge in a public courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents, where it is often easy to determine the responsible parties involved, asbestos cases can be more complicated. This is especially true if someone was exposed more than one type of asbestos in multiple places. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, or abatement workers to compile an inventory of the companies, products, and the locations.

There is a growing concern that the expense of settling claims of asbestos victims from the past is consuming funds which could be used to pay for future cases. In addition, some claimants believe that settlements should be based on actual injuries and therefore deserve more compensation.

Defendants in asbestos cases can contest claims to dismiss them through summary judgment or a determination of no exposure. However the motions must be based on a thorough review of the evidence and an expert's opinion that the measured doses of asbestos the plaintiff received were not enough to cause mesothelioma. A mesothelioma lawyer can speed up the process and prevent the case from becoming a backlog in the courts.