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Asbestos Litigation

In courts all over the country asbestos litigation has been a major problem. Studies have proven that exposure to asbestos can cause lung damage and disease.

It is crucial for an attorney to understand how to spot asbestos products in each case. This can be accomplished by talking to colleagues, collecting documents, or by analyzing samples taken from homes or workplaces.

Liability

You may be entitled to compensation in the event that you or someone you know is diagnosed with a health condition that is linked to asbestos. Compensation can assist with the loss of wages medical expenses, as well as other costs that are associated with mesothelioma or an asbestos-related illness. You can bring a lawsuit in order to obtain compensation or an offer of settlement to the defendants in the case.

In asbestos cases, there are usually multiple defendants as there are a variety of mining companies that produce Asbestos Attorney as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or as employers may also be accountable for injuries suffered by victims.

Asbestos suits are typically governed by the law of product liability that are based upon the laws of the state and common law that permit damages to be recouped from sellers of products when those products cause injuries. In particular, in a liability lawsuit, it is claimed that the injuries were caused due to a flawed or defective design and that the victim wasn't adequately warned of the dangers that could result from using the products.

The defendants in asbestos cases typically claim that they did not act recklessly and that their products were safe, despite the fact that doctors have long acknowledged that the use of asbestos-containing products can lead to various illnesses. Companies that hid asbestos risks to make profits were accused of a cover-up, and they attempted to deny claims and block workers from seeking financial compensation for injuries they sustained.

A jury or judge may decide on how to split the blame between defendants in cases where more than one defendant is found to be responsible for an asbestos-related injury. This process is called allocation. The apportionment does not affect the amount of compensation that the plaintiff is entitled to from the defendants.

Damages

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

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

A person who has been a victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma may bring an asbestos lawsuit. A person can file a lawsuit for personal injury to seek compensation for economic and other damages including emotional distress or pain and suffering and loss of enjoyment of the life. Additionally, the surviving family members of someone who passed away from an asbestos-related disease may pursue a wrongful-death lawsuit.

Once an asbestos case is filed, the two sides exchange information via a process called discovery. The process can last for several months and may involve interviews with coworkers, family members, abatement workers and others to determine potential defendants.

Due to the complicated nature of asbestos litigation it is imperative that plaintiffs get an experienced lawyer handling their case. The law firm that the victim or their family chooses must be able to understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their expertise.

Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are well-known for our skill to obtain the maximum amount of compensation for clients.

If you have questions about filing an asbestos lawsuit, call us for a no-cost consultation. We are committed 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 across the nation. Contact us today to get started.

Settlements

When asbestos victims win their lawsuits, they receive compensation from companies who knew they exposed them to hazardous substances. The money is meant to compensate the victim as well as his or her family members for the financial losses resulting from asbestos exposure. Compensation may cover the pain and suffering.

Asbestos cases are often settled rather than going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements also prevent negative publicity that can come when a verdict is handed down. It is crucial to select an attorney for mesothelioma who has years of experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct thorough research on their client's past work history, medical records, and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause of their illness. Lawyers can then gather evidence and use it in the preparation of a solid mesothelioma lawsuit.

During depositions and discovery prior to trial, mesothelioma lawyers can uncover evidence of asbestos companies negligence. The evidence usually is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. In many cases documents, they show that asbestos producers knew about the dangers of mesothelioma and other asbestos-related diseases but didn't disclose the information to their employees or to the public.

Many states set time limits which are known as statutes of limitation that define how long an asbestos victim has to file a lawsuit. These time periods vary between states, however, they are usually between one and two years. If the statute of limitations expires before a mesothelioma case is filed, victims lose their right to a fair settlement.

The amount of money victims can receive is based on the severity of their illness as well as their diagnosis and other factors. Attorneys consider the cost of treatment and other expenses when trying to make sure that patients receive enough funds to cover medical expenses. Asbestos victims can also file claims using trust funds that were established to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related ailments.

Certain trusts have been depleted but others continue to pay substantial payouts. In 2018, a federal court awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma after 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 problems that cannot be resolved through settlement negotiations, like the different methods of calculating damages and whether the patient's condition was caused by a specific exposure.

In a trial plaintiffs must demonstrate that they have the right to damages, including past and future medical expenses and loss of 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 can be long. In the last decade, jury awards in mesothelioma cases have increased significantly, and are far more than the amount of money awarded to settlement cases by judges.

A mesothelioma lawyer can assist victims understand the process of trial and explain their legal right in a courtroom open to the public. A lawyer with experience can also assist in identifying potential defendants. Asbestos litigation can be more complex than car accident litigation where it is generally simple to identify the responsible parties. This is especially true if an individual has been exposed to asbestos in more than one location and at different times. A mesothelioma lawyer with experience can interview witnesses like coworkers, relatives, abatement workers and suppliers to create a detailed database of the companies products, locations and other information.

There is growing concern that the cost of settling claims of asbestos victims who have been in the past is draining funds that could be used to pay for future cases. Some claimants also believe that settlements do not reflect the actual damage and that they are entitled to a higher amount of compensation.

The defendants can seek to dismiss asbestos claims with summary judgment or a finding that there was no exposure. These motions are, however, subject to a thorough examination of the evidence as well as an expert's opinion on whether the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. Although the process can take time, a qualified mesothelioma lawyer could help to accelerate the process and ensure that it doesn't become part of the long backlog of cases in the courts.