Asbestos Litigation

A significant amount of asbestos-related litigation has been dealt with in courts across the country. Studies have proven that asbestos exposure can cause lung damage and illness.

It is vital that attorneys know how to identify asbestos-related materials in each case. This can be done through talking to colleagues, collecting documents, or analyzing samples taken from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos compensation-related illness You may be entitled to compensation. Compensation can cover lost wages medical costs, and other costs associated with mesothelioma or another asbestos-related disease. You can make a claim for compensation or an offer to settle the case with the defendants in the case.

In asbestos cases, there are generally multiple defendants due to the fact that there are numerous mining companies that produce asbestos and also manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that offered services to mines or manufacturers that used asbestos or acted as employers could be held responsible for injuries suffered by victims.

Asbestos suits are typically governed by product liability laws which are based on the laws of the state and common law that allow for damages to be recovered from the seller of a product when the products cause injuries. In a lawsuit involving product liability it is claimed that injuries were caused due to faulty design or mesothelioma mismanufacture and that the person injured was not adequately informed about the dangers of the products.

The defendants in asbestos cases typically argue that they did not act negligently and that their products are safe, even though doctors have long recognized the use of asbestos-containing products is linked to different diseases. Companies who concealed asbestos-related risks to boost profits were accused of cover-up. They tried to suppress claims and prevent workers from claiming the financial compensation they deserve for their injuries.

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

Damages

A lawsuit brought against a business that produced or sold asbestos-related products could help victims recover compensation for the losses they suffered. This includes the cost for medical treatment and lost wages because of being unable their job. Victims can also be awarded compensation and punitive damages.

The lawsuit alleges the defendant acted negligently, which means that it did not take reasonable steps to ensure the product was safe for the intended use. The lawsuit further alleges that the defendant knew that asbestos could be dangerous, but failed to inform consumers and workers about this risk.

An asbestos lawsuit could be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related condition such as mesothelioma. A person can bring a personal injury lawsuit to claim compensation for economic and non-economic damages, including emotional distress, loss of enjoyment of life as well as pain and suffering. Family members of someone who has died from an asbestos-related illness may also bring a wrongful death lawsuit.

After an asbestos case is initiated, the parties exchange information via the process known as discovery. The process can last for several months and may require interviews with family members, coworkers, members, abatement workers and others to determine potential defendants.

Due to the complexity of asbestos litigation it is crucial that plaintiffs choose a seasoned lawyer handle their case. The law firm that a victim or their family selects should be able to be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies and defendants for their expertise.

Our lawyers are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are well-known for our expertise in obtaining the highest compensation for our clients.

If you have any questions about filing an asbestos lawsuit, please 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 country. Contact us via phone or email today to start your journey.

Settlements

When victims win their asbestos lawsuits, they receive compensation from the companies who knowingly exposed them to hazardous substances. The money is intended to pay the victim and their family members for the financial losses resulting from asbestos exposure. Compensation may cover the pain and suffering.

Asbestos cases tend to settle rather than go to trial because it is less expensive and easier for defendants to settle the matter this way. Settlements can also avoid the negative publicity that is associated with a verdict in a trial. It is important to hire an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits can be complex and require attorneys to conduct extensive investigations into their client's employment history as well as medical records and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their condition. Lawyers can then collect evidence and use it to create a strong mesothelioma lawsuit.

In the course of pre-trial discovery and depositions, mesothelioma lawyers can uncover evidence of asbestos-related companies' negligence. Evidence typically comes from internal memos, corporate documents and testimony of former employees who worked with asbestos-containing material. In many instances, these documents show that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related diseases, however, they did not communicate the information to their employees or to the general public.

A number of states have imposed a time limit, known as a statute of limitations, for the length of time asbestos victims can file a lawsuit. These time periods vary between states, but generally range between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their rights to be compensated.

The amount victims receive will depend on the asbestos-related illness they have been diagnosed with as well as how serious their condition is and other factors. Attorneys take into account treatment costs and other costs when trying to make sure that patients have enough funds for their medical bills. Asbestos sufferers can also file claims using trust funds that were established in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related ailments.

Certain trusts have been closed, but others continue to pay out large payouts. For example, in 2018 an appeals court in the United States awarded $70 million to the family of the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets manufactured by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help to resolve problems that cannot be resolved through settlement negotiations, like differences in the method of calculating damages and whether the victim's condition resulted from specific exposures.

In a court of law, plaintiffs be required to prove that they are entitled to damages including past and future medical costs and lost wages, damages to property or property, pain and discomfort and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial can take a long time. 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 attorney can help victims understand what to do through the trial process and can explain their rights under the law in a public courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Asbestos cases can be more complex than car accident cases where it is typically simple to identify the responsible parties. This is particularly true when a person has been exposed to asbestos in multiple locations and at different times. An experienced mesothelioma attorney can interview witnesses like coworkers family members, abatement workers, relatives and suppliers to create a detailed database of the companies products, locations and other information.

There is growing concern that the expense of settling claims from past asbestos victims is consuming funds which could be used to fund future cases. Some claimants also believe that settlements aren't based on actual injuries and deserve more in compensation.

Defendants can fight to dismiss asbestos claims using summary judgment, or a finding that there was not an exposure. However, these motions require a thorough review of the evidence and an expert's opinion that the doses measured of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. While the process could take a while, a seasoned mesothelioma attorney can help accelerate the case and ensure that it does not become part of the aforementioned long backlog of cases in the courts.