Asbestos Litigation
A large portion of asbestos-related cases have been handled in courts across the country. Asbestos exposure is proven to cause lung disease and damage by research.
An attorney must be able recognize asbestos in every case. This can be done by speaking to colleagues, obtaining documents, or by analyzing samples from homes or workplaces.
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If you or someone close to you is diagnosed with an asbestos-related illness You may be eligible for compensation. Compensation can assist with the loss of wages medical costs, and other expenses related to mesothelioma and other asbestos-related illness. You can start a lawsuit to claim compensation or make an offer to settle the case with the defendants in the case.
In asbestos cases, there will be multiple defendants as there are many mining companies that produce asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or who acted in an employer capacity could be held accountable for the injuries sustained by victims.
Asbestos lawsuits often fall under the legal category of product liability law, which is built on state and common laws that allow damages to be awarded against manufacturers of products if the products cause injury to. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused due to a flawed or a defective design, and the injured party was not adequately warned about the dangers that could result from using the products.
In asbestos cases, defendants typically argue that they didn't act negligently and that their products were safe, despite the fact that doctors have long acknowledged that asbestos-containing products is linked to various illnesses. Companies that hid asbestos risks to increase profits were accused of cover-up, as they tried to thwart claims and stop workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found to be liable for a victim's asbestos-related injuries the judge or jury can decide how to divide the responsibility among them through a process known as the apportionment. The apportionment doesn't affect the amount of compensation that the plaintiff may receive from the defendants.
Damages
A lawsuit filed against a company that manufactured or sold asbestos-related products can help victims obtain compensation for their losses. This includes the cost of medical treatment for their illness and the loss of wages due to being unable to work. Victims may also receive compensatory and punitive damages.
The lawsuit alleges that the defendant acted negligently and did not take reasonable care to ensure the product was safe for its intended use. It is also claimed that the defendant knew asbestos was dangerous and failed to warn workers and consumers of this risk.
The estates or victims of those who have passed away from asbestos-related illnesses like mesothelioma are able to bring an asbestos lawsuit. A person may bring a lawsuit for personal injury to claim compensation for economic and other damages including emotional distress or pain and suffering and loss of enjoyment the life. Additionally, the surviving family members of a deceased person from an asbestos-related disease may make a claim for wrongful death.
After an asbestos case is filed and a settlement is reached, both sides communicate information through the process of discovery. This process may take some time and may require interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants.
It is crucial for plaintiffs to have an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm that a plaintiff or their loved ones chooses must be aware of the particular complexities involved in asbestos litigation, and be acknowledged by insurers and defendants for its expertise in asbestos cases.
Our lawyers are asbestos litigation experts with years of experience representing asbestos victims and their families. We are well-known for our expertise to obtain the maximum amount of compensation for our clients.
Contact us for a complimentary consultation for any questions regarding filing a lawsuit against asbestos. We are dedicated to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us via phone or email today to begin.
Settlements
If asbestos victims prevail in their lawsuits, they are awarded compensation from companies that knowingly exposed them to dangerous substances. The money is intended to assist the victim's family and friends financially for the financial loss resulting from the asbestos exposure. Compensation can also cover pain and suffering.
Asbestos cases are often settled instead of going to trial, as it is less expensive and easier for defendants to settle the matter in this manner. Settlements can also prevent the negative publicity that comes with a verdict in a trial. It is crucial to choose an experienced mesothelioma lawyer that has experience obtaining maximum damages for their clients.
Mesothelioma cases are extremely complex and lawyers must conduct extensive research about the medical records of their clients, work history, and asbestos exposure. They can help clients identify asbestos-producing businesses that could be the cause of the disease. Lawyers can then gather evidence and use it in a strong mesothelioma case.
During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers are able to discover evidence of asbestos companies' negligence. Evidence typically is found in internal memos, corporate documentation and the testimony of former employees who worked with asbestos-containing materials. These documents typically show that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related illnesses but did not inform their workers or the general public.
Many states have set a limit, known as a statute of limitations, for the length of time asbestos victims can sue. These time periods vary from state to state however, they are usually between one and two years. If the statute of limitations runs out before a mesothelioma case is filed, victims lose their right to compensation.
The amount of compensation that victims will receive is based on the severity of their illness the diagnosis, as well as other factors. Attorneys will consider the cost of treatment and other expenses when negotiating to ensure that patients receive enough money to pay their medical expenses. Asbestos victims may also be able to claim through trust funds created for those diagnosed with mesothelioma and other asbestos-related illnesses.
Some of these trusts have been closed, but others continue paying out substantial prizes. For example, in 2018, a federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets produced by John Crane Inc.
Trials
Asbestos victims who attend trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that aren't resolved through settlement negotiations. For example, differences in the calculation of damages, and whether a victim's condition is caused by a specific exposure.
In a court of law, plaintiffs will need to prove they are entitled damages, including future and past medical expenses, lost wages, damage to property or property, pain and discomfort and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial process can be lengthy. In the last 10 years mesothelioma-related jury awards cases have risen significantly, and are far more than the amount awarded to settlement cases by judges.
A mesothelioma lawyer can help victims understand the trial process and explain their legal right in an open courtroom. A lawyer with experience can also assist in identifying potential defendants. As opposed to the litigation in car accidents where it's usually easy to identify the responsible parties, asbestos cases are more complicated. This is especially true when the person has been exposed to asbestos in more than one location and at different dates. An experienced mesothelioma lawyer can interview witnesses, such as family members, coworkers and abatement workers to compile an inventory of companies, products, and the locations.
There is growing concern that the cost of resolving claims from asbestos victims in the past has a negative impact on funds that could be used to pay for future cases. Furthermore, some claimants believe that settlements aren't just based on injuries that actually occurred and deserve more in compensation.
In asbestos cases, defendants can seek to dismiss claims by summary judgment or a determination of no exposure. However these motions require an in-depth review of the evidence and an expert's view that the doses of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. A mesothelioma attorney can help accelerate the process and keep the case from becoming a backlog in the courts.