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Asbestos Litigation

A large portion of asbestos litigation has been handled by courts across the nation. Research has proved that asbestos exposure can cause lung damage and illness.

It is important for attorneys to know how to spot asbestos products in every case. This can be done by talking to colleagues, collecting documents, asbestos or by analyzing samples taken from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease you could be qualified for compensation. Compensation can pay for lost wages, medical costs and other costs associated with mesothelioma. You can file a lawsuit to seek compensation or an offer of settlement from the defendants in the case.

There are usually multiple defendants in an asbestos-related case because there are many mining companies that produced asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or in a position of employer could also be held responsible for the injuries of 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 recovered against the sellers of products when those products cause injury to. In a product liability lawsuit, it is alleged the injuries were caused by defective design or manufacturing and that the person injured was not adequately informed about the dangers associated with products.

In asbestos cases, defendants often assert that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing items are linked to a variety of diseases. In addition, companies who concealed asbestos's dangers to boost profits have been accused of engaging in a cover-up in attempting to block claims and trying to block workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found responsible for the victim's asbestos-related injuries, a judge or jury can decide how to divide the responsibility between them in a process known as allocation. The apportionment of liability will not alter the amount of money a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a business that manufactured or asbestos sold asbestos could help victims receive compensation. This includes the cost for medical treatment and lost wages because of being unable their job. Victims may also be eligible for compensation and punitive damages.

The lawsuit claims that the defendant acted negligently in that it failed to take reasonable care to ensure that the product was safe for the intended use. The lawsuit also asserts that the defendant knew asbestos could be dangerous and failed provide warnings to consumers and workers about the risk.

An asbestos lawsuit could be filed by a victim, or the estate of a person who has died from an asbestos-related disease such as mesothelioma. A person can bring a lawsuit for personal injury to seek compensation for financial and other damages like emotional distress or pain and suffering and loss of enjoyment of the life. Family members of those who have died due to an asbestos-related illness may also make a claim for wrongful death.

Once an asbestos-related case is initiated, the parties share information through an process known as discovery. The process can last for several months and may require interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants.

It is important for plaintiffs to choose an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm that a victim or their family selects should be aware of the unique complexities of asbestos litigation, and be acknowledged by insurance companies and defendants for its experience in these cases.

Our lawyers are asbestos litigation experts with years of experience representing asbestos victims and their families. We are recognized for our ability to obtain the maximum amount of compensation for our clients.

If you have questions about filing an asbestos lawsuit, contact us for a no-cost consultation. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients from all over the nation. Contact us by phone or email today to get started.

Settlements

If asbestos victims prevail in their cases, they receive compensation from the companies that exposed them to dangerous substances. This money is meant to help the family of the victim with financial losses resulting from the asbestos exposure. Compensation may also cover the pain and suffering.

Asbestos cases tend to settle rather than going to trial, as it is easier and cheaper for defendant companies to resolve the case in this way. Settlements also reduce the negative publicity that could be associated with a verdict at trial. It is crucial to select an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require lawyers to conduct extensive research into their client's employment history, medical records, and asbestos compensation exposure. They can help clients identify asbestos-producing companies that could be responsible for the illness. Lawyers can then gather evidence and use it to build a strong mesothelioma case.

During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers may find evidence of asbestos-related companies negligence. The evidence usually is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents often show that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related diseases however they didn't inform their employees or the general public.

Many states set time limits which are known as statutes of limitation on the time an asbestos victim can start a lawsuit. These deadlines vary from state to state however, they are usually between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma can be filed, victims will lose their right to compensation.

The amount victims will receive is contingent upon the asbestos-related illness they have been diagnosed with, how severe their condition is, and other aspects. Attorneys consider treatment costs and other costs when they negotiate to ensure that patients receive enough money to cover their medical expenses. Asbestos victims might also be able to file claims through trust funds that have been established for those diagnosed with mesothelioma or other asbestos-related diseases.

Some of these trusts have been wiped out, but others continue to pay out large payouts. In 2018, a federal court gave $70 million to the relatives of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can resolve issues that are not 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 specific exposure.

In a court of law, plaintiffs have to prove that they are entitled damages, including past and future medical expenses, lost wages, damage to property, pain and discomfort, and loss in consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injury. The process of trial can be lengthy. In the last decade mesothelioma cases, jury awards have risen significantly and have significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer can help victims understand the trial process and explain their legal rights in an open courtroom. An experienced attorney can help to identify potential defendants. Unlike car accident litigation, where it is often easy to identify the individuals involved, asbestos litigation are more complicated. This is especially the case when the victim was exposed to more than one type of asbestos and at multiple locations. An experienced mesothelioma attorney is able to speak with witnesses like co-workers, relatives, abatement workers and suppliers to compile an exhaustive list of companies, products and locations.

The expense of settling asbestos claims eats up funds which could be used to pay future cases. Some claimants also believe that settlements aren't founded on actual injuries and therefore deserve more compensation.

The defendants can seek to dismiss asbestos claims using the process of summary judgment, or by finding that there was no exposure. These motions, however, require a thorough examination of the evidence and an expert's assessment that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. While the process could take time, a skilled mesothelioma lawyer can help accelerate the case and ensure that it does not become part of the long queue of cases that are awaiting the courts.