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Asbestos Litigation

A substantial amount of asbestos-related litigation has been handled in courts across the nation. Studies have proven that asbestos exposure can cause lung damage as well as disease.

An attorney should be able to identify asbestos in each case. This can be done through discussing with colleagues, obtaining documents, or analyzing samples taken from home or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease, you may be entitled to compensation. Compensation may help pay for lost wages medical expenses, as well as other costs related to mesothelioma and other asbestos-related disease. You can make a claim or offer a settlement to the defendants.

In asbestos cases, there are generally several defendants since there are numerous mining companies that manufacture asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or in the capacity of an employer may also be accountable for the injuries of victims.

Asbestos suits often fall under laws governing product liability that are based on the laws of the state and common law that permit damages to be recovered from sellers of goods when those products cause injury. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused by mismanufacture or a defective design, and the injured party was not adequately warned about the risks associated with using the products.

In asbestos cases, defendants often argue that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing products have been linked to a myriad of illnesses. Moreover, companies that hid asbestos's dangers in order to boost profits have been accused of covering up the issue by trying to thwart claims and by trying to prevent workers from seeking compensation for their injuries.

If more than one defendant is found to be liable for a victim's asbestos-related injuries, a judge or jury may determine how to divide the responsibility among the defendants in a process referred to as the apportionment. The apportionment doesn't alter the amount of compensation that plaintiffs can receive from the defendants.

Damages

A lawsuit filed against a company that manufactured or sold asbestos-related products could help victims recover compensation for their losses. This includes the cost of medical treatment and lost wages because of being unable to perform their job. Victims may also be eligible for compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently. This means that it failed to take reasonable steps to ensure the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was a risk and failed to warn consumers and workers of the danger.

An asbestos lawsuit could be filed by a victim or estate of a person who has died from an asbestos-related condition like mesothelioma. A person can make a personal injury claim to seek compensation for non-economic and economic damages, including emotional distress as well as loss of enjoyment life, and pain and suffering. In addition, the survivors of a family members of a person who died from an asbestos-related illness can bring a wrongful death lawsuit.

After an asbestos case has been filed, the two parties exchange information via a process called discovery. This process can take several months and may involve interviews with family members, coworkers, members, abatement workers, and others to identify potential defendants.

It is important for plaintiffs to have an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm that a victim or their loved ones chooses must have an understanding of the particular complexities involved in asbestos litigation and be recognized by defendants and insurance companies for its experience in these cases.

Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are recognized as a firm that can secure the maximum amount of compensation for our clients.

Contact us for a no-obligation consultation if you have any questions about filing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients all over the nation. Call or email us today to get started.

Settlements

When asbestos victims win their lawsuits, they receive compensation from the companies which exposed them to harmful substances. The money is meant to compensate the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also be used to cover suffering and pain.

Asbestos cases are often settled rather than go to trial because it is cheaper and easier for defendants to settle the matter this way. Settlements can also help avoid the negative publicity that is associated when a jury verdict is handed down. It is crucial to choose an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are complicated, and attorneys must do extensive research on their client's medical records, work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be responsible for their illness. Lawyers can then gather evidence and use it to construct a solid mesothelioma lawsuit.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence usually comes from internal memos, corporate documentation and testimony from former employees who have worked with asbestos-containing materials. These documents often reveal that asbestos producers knew about the dangers of mesothelioma and other asbestos-related illnesses however, they didn't tell their employees or the general public.

A number of states have time limits known as statutes of limitations which determine how long asbestos victims have to file a lawsuit. The time frames vary from state to state but typically range between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed, the victims will lose their right to compensation.

The amount of compensation a victim will receive is based on the severity of their illness the diagnosis, as well as other factors. Attorneys consider the cost of treatment and other costs when negotiations to ensure that patients receive enough funds to pay their medical bills. Asbestos victims might also be able to file claims through trust funds set up for those who have been diagnosed with mesothelioma, asbestos-related diseases.

Some trusts are depleted, but some continue to pay substantial awards. In 2018, for instance an appeals court in the United States awarded $70 million to the family of the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets made by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can resolve issues that aren't resolvable through settlement negotiations. For example, there could be differences in the calculation of damages and whether a victim's condition is caused by a particular exposure.

In a court of law, plaintiffs will need to prove they are entitled to damages, including past and future medical costs and lost wages, damages to property or property, pain and discomfort and loss in consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial process can be lengthy. In the last 10 years, jury awards for mesothelioma have risen significantly and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer can assist victims understand what to do in the court process and explain their rights under the law in a public courtroom. A licensed lawyer can assist in identifying potential defendants. As opposed to the litigation in car accidents where it's usually easy to identify the parties involved, asbestos cases can be more complicated. This is especially true when someone was exposed more than one kind of asbestos and in multiple places. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, and abatement workers, to create a database of employers, products, and the locations.

There is growing concern that the cost of settling claims from asbestos victims in the past can drain funds that could be used to pay for future cases. In addition, some claimants believe that settlements aren't founded on actual injuries and deserve more in compensation.

Defense attorneys can argue to dismiss asbestos claims through summary judgment or a finding that there was not an exposure. These motions are, however, subject to an extensive examination of evidence and an expert's opinion that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. Although the process can take time, a skilled mesothelioma lawyer could help to accelerate the process and ensure that it does not become part of the long backlog of cases in the courts.