Asbestos Litigation

A substantial amount of asbestos-related cases have been handled in courts across the country. Research has shown that asbestos exposure can cause lung damage and cause disease.

It is vital for an attorney to know how to spot asbestos products in every case. This can be done by chatting with colleagues collecting records, or studying samples from home or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related condition you could be qualified for compensation. Compensation can be used to pay for lost wages, medical costs and other costs related to mesothelioma. You may choose to make a claim or offer an agreement to the defendants.

In asbestos cases, there are usually several defendants since there are many mining companies that manufacture asbestos and manufacture 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 acted in the capacity of an employer could be held accountable for injuries sustained by victims.

Asbestos suits typically fall under the law of product liability that are based upon the laws of the state and common law that permit damages to be recovered from the seller of a product when they cause injuries. In a product liability suit it is claimed that injuries were caused by defective design or manufacturing and that the injured person was not adequately warned about the dangers associated with products.

In asbestos cases, defendants typically claim that they didn't act recklessly and that their products are safe, despite the fact that doctors have long acknowledged that the use of asbestos-containing products can lead to various diseases. Additionally, companies that concealed the risks of asbestos to boost profits have been accused of concealing the truth by trying to thwart claims and by trying to block workers from seeking compensation for their injuries.

If more than one defendant is found responsible for asbestos-related injuries suffered by a victim, a jury or judge could decide on how to divide the blame between them in a process known as the apportionment. The apportionment does not affect the total amount that the plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a business that produced or sold asbestos law-related products can help victims receive compensation for the losses they suffered. This includes the costs of medical treatment for their illness as well as the loss of wages because of being unable to work. Victims may also receive punitive and compensatory damages.

The lawsuit asserts that the defendant acted negligently, which means that it didn't 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 the dangers.

An asbestos lawsuit may be filed by a victim or the estate of a person who passed away from an asbestos-related illness such as mesothelioma. A person may file a personal injury lawsuit to seek compensation for non-economic and economic damages, such as emotional suffering as well as loss of enjoyment life as well as suffering and pain. In addition, the surviving family members of a person who died from an asbestos-related disease can bring a wrongful death lawsuit.

Once an asbestos case is filed, the two sides exchange information in the process of discovery. It can take several months, and may require extensive interviews with co-workers family members, abatement workers, relatives and others to determine possible defendants and their asbestos-related products.

It is important that plaintiffs have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that a victim, or their family, chooses should be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies as well as defendants for its expertise.

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

If you have any questions regarding filing an asbestos suit, contact us for a free consultation. 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 across the nation. Contact us now to get started.

Settlements

When victims win their asbestos lawsuits, they receive compensation from companies who knew they exposed them to dangerous substances. The money is intended to help the family of the victim financially for the financial loss resulting from the asbestos law exposure. Compensation can be used to cover the cost of suffering and pain.

Asbestos cases are usually settled rather than going to trial. This is because it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also avoid negative publicity that could be associated with a trial verdict. It is crucial to choose an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.

Mesothelioma cases are complicated and lawyers must conduct extensive research on their client's medical records and work history as well as asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause of their condition. Lawyers can then gather evidence to use in a strong mesothelioma case.

During depositions and discovery prior to trial mesothelioma lawyers are able to uncover evidence of asbestos-related companies negligence. Evidence usually is found in internal memos, corporate documents, and testimony from former employees who have worked with asbestos-containing materials. These documents usually show that asbestos producers were aware of mesothelioma's dangers, and other asbestos-related diseases but did not inform their employees or asbestos lawsuit the general public.

A number of states have imposed a time limit, known as a statute of limitations, to determine how long asbestos victims can make a claim. These deadlines vary from state-to-state, but generally range between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their right to a fair settlement.

The amount of compensation that victims receive is contingent upon the severity of their condition as well as their diagnosis and other factors. Attorneys look at treatment costs as well as other expenses in negotiations to ensure that patients have enough money to pay their medical bills. Asbestos victims may also file claims with trust funds, which were created to pay compensation to those who have been diagnosed with mesothelioma, or other asbestos-related diseases.

Some of these trusts have been closed, while others still pay significant awards. In 2018 an appeals court in the U.S. granted $70 million to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets made by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can also help settle issues that cannot be resolved through settlement negotiations, such as the different methods of calculating damages and whether the condition was caused by specific exposures.

In a court trial the plaintiffs have to prove that they are entitled to damages, which include past and future medical expenses as well as lost wages, property damage as well as pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial process is typically lengthy. In the last 10 years, jury awards for mesothelioma have risen dramatically and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma attorney can help victims understand the process of trial and explain their legal right in a courtroom that is open to the public. A knowledgeable lawyer can also assist in identifying potential defendants. In contrast to car accident litigation, where it is often easy to determine the responsible parties, asbestos cases are more complicated. This is especially true when a person has been exposed to asbestos in more than one location and at different times. A mesothelioma lawyer with experience can interview witnesses, such as coworkers or relatives, abatement workers and suppliers to create a comprehensive list of companies, products and locations.

The expense of settling asbestos claims drains funds that could have been used to pay future cases. Some claimants also believe that settlements don't accurately reflect their actual injuries and therefore they are entitled to more compensation.

Defense attorneys can argue to dismiss asbestos claims using summary judgment, or a finding that there was not an exposure. These motions need an in-depth examination of the evidence as well as an expert's opinion on whether the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. Although the process can take a while, a seasoned mesothelioma lawyer can help speed up the process and ensure that it doesn't become part of the lengthy backlog of cases in the courts.