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Asbestos Litigation

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

An attorney must be able to identify asbestos in each case. This can be done by talking with co-workers collecting records, or studying samples from home or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness you may be entitled to compensation. Compensation may help pay for lost wages medical costs, and other expenses associated with mesothelioma, or any other asbestos-related disease. You can either make a claim or offer a settlement to the defendants.

There are typically multiple defendants in an asbestos case because there are many mining companies that produce asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines, or manufacturers who used asbestos legal or who acted as employers could be held liable for injuries sustained by victims.

Asbestos lawsuits usually fall under the legal category of product liability law, which is built on state and common laws that permit damages to be recovered against producers of products if those products cause injury to. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or a design defect and that the person injured wasn't adequately warned of the risks associated with using the products.

In asbestos cases, defendants frequently argue that they were not negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing items are linked to a variety of diseases. Additionally, companies that concealed asbestos's dangers in order to increase profits have been accused of attempting to cover up by trying to thwart claims and also to block workers from seeking financial compensation 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 on how to divide the blame between them through a process known as apportionment. The apportionment will not affect the amount of compensation that plaintiffs can receive from the defendants.

Damages

A lawsuit against a business that made or sold asbestos could help victims receive compensation. This includes the cost of medical treatment and lost wages as a result of being unable their job. Victims can also receive compensation and punitive damages.

The lawsuit alleges that the defendant acted negligently. This means that it failed to take reasonable steps to ensure the product was safe for the intended use. The lawsuit further alleges that the defendant knew that asbestos was a risk and failed to warn workers and consumers about this risk.

The estates or victims of people who have died from asbestos-related illnesses like mesothelioma may bring an asbestos lawsuit. A person may bring a personal injury lawsuit to claim compensation for non-economic and economic damages, including emotional distress, loss of enjoyment of life as well as pain and suffering. The surviving family members of someone who has passed away due to an asbestos-related disease can bring a wrongful death lawsuit.

After an asbestos case is filed, the parties exchange information in the process of discovery. The process can last for several months and could require interviews with family members, coworkers, members, abatement workers, and others to identify potential defendants.

Due to the complicated nature of asbestos litigation it is essential that plaintiffs choose a seasoned lawyer handle their case. The law firm a victim or their family chooses to work with should be aware of the unique complexities of asbestos litigation, and be acknowledged by insurers and defendants for its experience in these cases.

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

If you have questions about filing an asbestos claim lawsuit, please contact us for a free 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 throughout the United States. Contact us by email or phone today to get started.

Settlements

When victims win their asbestos lawsuits, they receive compensation from companies that knowingly exposed them to hazardous substances. The money is intended to help the victim's family and friends with financial losses resulting from the asbestos exposure. Compensation may cover the suffering and pain.

Asbestos cases usually settle instead of going to trial because it is easier and cheaper for defendant companies to resolve the case this way. Settlements can also avoid the negative publicity that comes with a verdict in a trial. It is essential to choose mesothelioma attorneys who have prior experience in obtaining the maximum amount of damages on behalf of their clients.

Mesothelioma lawsuits are complex and require attorneys to conduct extensive research on the history of their clients' employment as well as medical records and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be the cause for their condition. Lawyers are able to gather evidence and use it in the preparation of an effective mesothelioma suit.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. Evidence typically comes in the form of internal memos, corporate documentation and the testimony of former employees who have worked with asbestos-containing products. In many instances, these documents show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases but didn't disclose the information to their employees or the public.

Many states set time limits also known as statutes or limitations on the time an asbestos victim must make a claim. The time frames vary from state to state but are typically between one and two years. If the statute of limitations expires before a lawsuit for mesothelioma is filed victims will lose their right to receive compensation.

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

Certain trusts have been wiped out, but others continue paying out substantial prizes. For example, in 2018 the federal jury awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can also help to resolve problems that cannot be resolved through settlement negotiations, such as differences in how to calculate damages and whether the patient's condition was caused by a specific exposure.

In a court trial plaintiffs must demonstrate that they have the right to compensation, such as past and future medical expenses and lost wages, property damage and pain and suffering and loss of consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injury. The trial process can be lengthy. In the last 10 years mesothelioma juries' awards have increased dramatically and significantly exceeded the amount given by judges in settlement cases.

A mesothelioma attorney can help victims understand the trial process and explain their legal right in a courtroom that is open to the public. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases are more complex than car accident litigation, where it is usually easy to identify responsible parties. This is especially true when someone has been exposed to asbestos in more than one location and at different dates. An experienced mesothelioma attorney can interview witnesses like coworkers family members, abatement workers, relatives and suppliers to create an extensive list of companies products, locations and other information.

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

Plaintiffs in asbestos cases can seek to dismiss claims by the process of summary judgment or by a finding of no exposure. These motions require an extensive examination of evidence as well as an expert's opinion on whether the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. A mesothelioma attorney can help speed up the process and prevent the case from becoming a backlog in the courts.