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Asbestos Litigation

A substantial amount of asbestos litigation has been dealt with in courts across the country. asbestos compensation exposure is proven to cause lung damage and lung disease through research.

An attorney must be able recognize asbestos in every case. This can be accomplished by talking with co-workers, obtaining records, and studying samples from home or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related condition you could be eligible for compensation. Compensation may help pay for lost wages medical costs, and other costs associated with mesothelioma, or any other asbestos-related disease. You can make a claim for compensation or make an offer of settlement to the defendants in the case.

In asbestos cases, there will be multiple defendants as there are many mining companies that produce asbestos and manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines or manufacturers that used asbestos or who were employers could be held accountable for injuries sustained by victims.

Asbestos lawsuits often fall under the legal category of law governing product liability, which is founded on state and common laws that permit damages to be recouped from sellers of products if those products cause injuries. In particular, in a liability lawsuit, it is claimed that the injuries were caused by a mismanufacture or defective design and that the injured party was not adequately warned about the dangers associated with using the products.

In asbestos cases, defendants often claim that they did not do anything recklessly and that their products are safe, despite the fact that doctors have long recognized asbestos-containing items is linked to various illnesses. Companies that concealed asbestos risks to make profits were accused of cover-up as they sought to deny claims and block workers from seeking financial compensation for injuries they sustained.

A jury or judge may decide on how to split responsibility between defendants if more than one defendant has been found responsible for an asbestos-related injury. This process is called the apportionment. The apportionment of liability does not alter the amount of money that the plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a firm that manufactured or sold asbestos products can help victims recover compensation for their losses. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims may also receive punitive and compensatory damages.

The lawsuit alleges the defendant acted negligently, meaning that it did not take reasonable steps to ensure the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was dangerous and failed to inform consumers and workers of the danger.

An asbestos-related lawsuit can be filed by a victim, or the estate of a person who has died due to an asbestos-related illness, like mesothelioma. An individual can bring a personal injury lawsuit to seek compensation for economic and non-economic damages, such as emotional stress and loss of enjoyment of life and suffering and pain. In addition, the survivor family of someone who died from an asbestos-related disease may pursue a wrongful-death lawsuit.

After an asbestos lawsuit is filed the parties communicate information through the process of discovery. It can take several months and could require extensive interviews with co-workers and relatives, abatement workers and others to determine potential defendants as well as their asbestos-related products.

Due to the complexity of asbestos litigation, it is imperative that plaintiffs hire an experienced lawyer to handle their case. The law firm a victim or their family chooses be aware of the unique complexities of asbestos litigation and should be recognized by insurers and defendants for its expertise in these cases.

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

If you have any questions about filing an asbestos lawsuit, contact us for a no-cost consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients from all over 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 dangerous substances. This money is meant to help the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation can be used to cover pain and suffering.

Asbestos cases are often settled instead of going to trial, as it is easier and cheaper for the defendant company to settle the case in this way. Settlements also prevent negative publicity that could be associated when a verdict is handed down. It is crucial to choose an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research into their clients' medical records as well as their work history and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their illness. The lawyers can then collect evidence to use in an effective mesothelioma case.

During pre-trial discovery and depositions, mesothelioma lawyers can 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 products. These documents typically show that asbestos producers were aware of the dangers of mesothelioma and other asbestos-related illnesses, but didn't tell their workers or the general public.

A number of states have set a time limit, known as a statute of limitations, on how long asbestos-related victims can file a lawsuit. The length of time varies from state to state, but generally range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, victims lose their rights to a fair settlement.

The amount of compensation that victims will receive is based on the severity of their condition, their diagnosis and other factors. Attorneys consider the cost of treatment and other expenses when negotiating to ensure that patients receive enough funds to pay their medical bills. Asbestos victims may also file claims using trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma and other asbestos-related ailments.

Some trusts are closed, while others still pay substantial awards. In 2018 the United States court gave $70 million to the relatives of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can solve issues that aren't easily resolved through settlement negotiations. For example, there could be differences in the calculation of damages and whether a victim's condition is due to a specific exposure.

In a court of law, plaintiffs will need to prove they are entitled damages, including past and future medical costs loss of wages, damages to property as well as discomfort and pain and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injury. The trial process is often lengthy. Over the past 10 years, jury awards in mesothelioma cases have risen significantly and have far outstripped the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer can assist victims understand the steps to take through the trial process and explain their legal rights in a courtroom with an open door. A qualified lawyer can also assist in identifying potential defendants. In contrast to car accident litigation where it is typically easy to identify the responsible parties involved, asbestos cases can be more complicated. This is especially true when the person has been exposed to asbestos in more than one location and at different dates. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, or abatement workers to compile a database of the companies, products and the locations.

There is a growing concern the cost of settling claims of asbestos victims who have been in the past can drain funds which could be used to pay for future cases. Additionally, some claimants believe that settlements aren't basing on actual injuries and they deserve more compensation.

Defendants can fight to dismiss asbestos claims by obtaining summary judgment or a finding that there was no exposure. However these motions require an in-depth review of the evidence and an expert's opinion that the doses measured of asbestos that plaintiffs received were not enough to cause mesothelioma. While the process may take time, a skilled mesothelioma lawyer could help to accelerate the process and ensure that it does not be added to the long backlog of cases in the courts.