Asbestos Litigation

A large amount of asbestos litigation has been handled by courts across the nation. Asbestos exposure has been proven to cause lung damage and lung disease by research.

An attorney must be able identify asbestos in each case. This can be done by talking with co-workers collecting records, or analyzing samples from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related disease you could be qualified for compensation. Compensation may cover medical expenses, lost wages as well as other expenses associated with mesothelioma. You can either start a lawsuit or offer a settlement to the defendants.

In asbestos lawyer cases, there are generally multiple defendants because there are many mining companies that produce asbestos settlement and manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that supplied services to mines or manufacturers that used asbestos or who were employers could be held accountable for the victims' injuries.

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 recouped from sellers of products if those products cause injuries. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or defective design and that the injured party was not adequately warned about the dangers associated with using the products.

Defendants in asbestos cases often argue that they didn't act negligently and that their products are safe, despite the fact that doctors have long acknowledged that the use of asbestos-containing products can lead to different diseases. Moreover, companies that hid the risks of asbestos to increase profits have been accused of concealing the truth by trying to thwart claims and trying to block workers from seeking the financial compensation they deserve for their injuries.

A judge or jury may decide how to divide the burden of responsibility between defendants if more than one defendant has been blamed for an asbestos-related injury. This process is called allocation. The apportionment of liability will not affect the total amount of money a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a business that manufactured or sold asbestos can help victims receive compensation. This includes the cost of medical treatment for their condition and the loss of wages due to inability to work. Victims could also be awarded compensation and punitive damages.

The lawsuit asserts that the defendant acted negligently, which means that it failed to take reasonable steps to ensure that the product was safe for its intended use. The lawsuit further alleges that the defendant knew asbestos could be hazardous and failed to warn workers and consumers about the dangers.

An asbestos-related lawsuit can be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related disease such as mesothelioma. A person can start a personal injury suit to claim compensation for non-economic and economic damages, including emotional distress and loss of enjoyment of life and suffering and pain. In addition, the survivor family of someone who died from an asbestos-related disease may pursue a wrongful-death lawsuit.

Once an asbestos case has been filed, both sides communicate information through a process called discovery. This process can last some time and may require interviews with coworkers, family members, abatement workers, and others to determine potential defendants.

It is crucial for plaintiffs to choose an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm a victim or their family chooses have an understanding of the unique complexities of asbestos litigation, and be acknowledged by defendants and insurance companies for its expertise in asbestos cases.

Our lawyers are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are renowned for our ability to obtain the highest amount of compensation for our clients.

Contact us for a complimentary consultation should you have 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 located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us via phone or email today to start your journey.

Settlements

If asbestos victims prevail in their lawsuits, they receive compensation from companies that knowingly exposed them to dangerous substances. This money is meant to assist the victim and their family in the event of financial losses due to the asbestos exposure. Compensation may cover the cost of suffering and pain.

Asbestos cases usually settle rather than go to trial because it is easier and cheaper for the defendant company to settle the case this way. Settlements also avoid negative publicity that can come from a trial verdict. It is important to hire an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive investigations into their client's past work history as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be the cause of the disease. Lawyers can gather evidence and use it to construct a solid mesothelioma lawsuit.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers will uncover evidence of asbestos-related companies' negligence. Evidence usually is found in internal memos, corporate documents, and the testimony of former employees who worked with asbestos-containing products. In many cases documents, they show that asbestos settlement manufacturers knew about the dangers of mesothelioma as well as other asbestos-related illnesses however, they did not communicate this information to their workers or the public.

Many states set time limits also known as statutes or limitations that define how long an asbestos Claim victim has to make a claim. The durations vary by state, but generally vary 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 compensation.

The amount victims will receive is contingent upon the diagnosis of their asbestos-related disease, how severe their condition is, as well as other factors. Attorneys consider treatment costs and other expenses when negotiating to ensure patients have enough money to cover their medical bills. Asbestos victims might also be able to claim through trust funds established to help those diagnosed with mesothelioma or other asbestos-related diseases.

Some of these trusts have dwindled, however others continue to award substantial prizes. In 2018, for instance the federal jury awarded $70 million to the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets made by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a better chance of receiving compensation than those who accept an offer to settle. Trials can also help resolve issues that cannot be resolved through settlement negotiations, including differences in how to calculate damages and whether the patient's condition was caused by a specific exposure.

In a court of law, plaintiffs be required to prove that they are entitled to damages, including future and past medical expenses, lost wages, damage to property or property, pain and discomfort and loss in consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial process is often lengthy. In the past decade mesothelioma jury awards have risen significantly and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma attorney can help victims understand the trial process, and can explain their legal right before a judge in a public courtroom. A lawyer with experience can also help to identify potential defendants. Unlike car accident litigation, asbestos claim where it is often easy to identify the parties involved, asbestos cases can be more complicated. This is particularly true if someone has been exposed to asbestos in more than one place and at different times. An experienced mesothelioma lawyer can interview witnesses, including relatives, coworkers, or abatement workers to compile a database of employers, products, and the locations.

The cost of resolving asbestos claims eats away funds which could be used to pay future cases. Furthermore, some claimants believe that settlements aren't basing on actual injuries and deserve more in compensation.

Plaintiffs in asbestos cases can argue for dismissal of claims by summary judgment or a conclusion of no exposure. These motions need an exhaustive examination of the evidence as well as an expert opinion that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. While the process can take a while, a seasoned mesothelioma lawyer could help to accelerate the case and ensure that it does not be added to the long backlog of cases in courts.