Asbestos Litigation

A substantial amount of asbestos-related litigation has been handled by courts across the country. Research has proved that asbestos exposure can cause lung damage and illness.

It is crucial that attorneys know how to spot asbestos products in each case. This can be accomplished by talking with co-workers in the office, collecting records, and analyzing samples from homes or workplaces.

Liability

You could be eligible for compensation If you or someone you love is diagnosed with a condition related to asbestos. Compensation can cover lost wages medical costs, and other expenses associated with mesothelioma or another asbestos-related disease. You can file a lawsuit or offer an offer of settlement to the defendants.

There are usually several defendants in an asbestos-related case because there are numerous mining companies who produced asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that offered services to mines or manufacturers that made use of asbestos or who were employers could be held responsible for injuries suffered by victims.

Asbestos suits typically fall under product liability laws which are based on state and common laws which permit damages to be recovered from sellers of products when those products cause injuries. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused by mismanufacture or a design defect and that the victim was not adequately warned about the risks associated with using the products.

In asbestos cases, defendants typically 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. Companies that concealed asbestos-related dangers to increase profits were accused of a cover-up, as they tried to deny claims and block workers from claiming financial compensation for injuries they sustained.

If more than one defendant is found to be responsible for the asbestos-related injuries sustained by a victim, a judge or jury could decide how to split the responsibility among them in a process called the apportionment. The apportionment does not alter the amount that a plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit against a business which manufactured or sold asbestos could aid victims in recovering compensation. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. Victims could also be awarded compensatory and punitive damages.

The lawsuit alleges the defendant was negligent, meaning that it didn't take reasonable steps to ensure that the product was safe for the intended use. The lawsuit further alleges that the defendant knew that asbestos was a risk and failed to inform consumers and workers about the risk.

An asbestos lawsuit could be filed by a victim, or the estate of a person who has died due to an asbestos-related illness, like mesothelioma. A person may bring a lawsuit for personal injury to claim compensation for economic and other damages like emotional distress as well as pain and suffering and loss of enjoyment of the life of. Additionally, the surviving family members of a person who died due to an Asbestos Claim-related illness may make a claim for wrongful death.

Once an asbestos case has been filed, both sides communicate information through the process known as discovery. This may take a few months and may include extensive interviews with colleagues and relatives, abatement workers and others to determine potential defendants and their asbestos-related products.

Due to the complexity of asbestos litigation, it is crucial that plaintiffs choose a seasoned lawyer handling their case. The law firm that a plaintiff or their loved ones chooses must have an understanding of the unique complexities involved in asbestos litigation and should be recognized by defendants and insurance companies for its expertise 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 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 in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us via phone or email today to begin.

Settlements

When victims win their asbestos lawsuits, they get compensation from companies that knew about and exposed them to dangerous substances. This money is meant to help the family members of the victim with financial losses resulting from the asbestos exposure. Compensation can also help with the pain and suffering.

Asbestos cases are often settled rather than going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also avoid negative publicity that can come with a verdict at trial. It is essential to choose an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.

Mesothelioma cases are extremely complex and lawyers must conduct extensive research on their client's medical records, work history, and asbestos exposure. They can help clients identify asbestos-producing companies who may be responsible for the condition. Lawyers can then collect evidence and use it in the preparation of a mesothelioma case that is strong and successful.

During depositions and discovery prior to trial mesothelioma lawyers may uncover evidence of asbestos companies' negligence. Evidence usually is found in internal memos, corporate documents and statements of former employees who worked with asbestos-containing material. In many instances, these documents show that asbestos producers knew about mesothelioma's risks and other asbestos-related diseases but did not divulge this information to their employees or to the public.

A number of states have set a time limitation, also known as a statute of limitations, on how long asbestos victims are allowed to bring 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 can be filed, the victims lose their rights to receive compensation.

The amount victims will receive is contingent upon the asbestos-related diagnosis they receive as well as how serious their condition is and other factors. Attorneys consider the cost of treatment and other costs when trying to make sure that patients have enough money to pay their medical bills. Asbestos-related victims can also file claims with trust funds, which were created to compensate those who have been diagnosed with mesothelioma, or other asbestos-related ailments.

Certain trusts are exhausted, but others continue to pay out substantial awards. In 2018, for instance a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets produced by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help resolve issues that are not resolved through settlement negotiations, like the different methods of calculating damages and whether the victim's condition was caused by specific exposures.

In a court trial the plaintiffs have to prove that they are entitled to damages, which include future and past medical expenses and loss of earnings, property damage as well as pain and suffering and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The process of trial is usually long. In the last decade mesothelioma jury awards cases have increased dramatically and far exceeded the amount awarded to settlement cases by judges.

An attorney for mesothelioma can help victims understand the trial process and explain their legal right in a courtroom that is open to the public. A licensed lawyer can assist in identifying potential defendants. asbestos settlement cases can be more complex than litigation involving car accidents, where it is typically easy to identify the parties responsible. This is particularly true if the person has been exposed to asbestos in multiple locations and at different dates. An experienced mesothelioma attorney is able to speak with witnesses like co-workers or relatives, abatement workers and suppliers to compile a comprehensive database of employers products, locations and other information.

The cost of resolving asbestos claims drains funds that could have been used to pay future cases. Additionally, some claimants believe that settlements should be based on actual injuries and therefore deserve more compensation.

Defense attorneys can argue to dismiss asbestos claims through summary judgment, asbestos claim or a finding that there was no exposure. These motions, however, require an exhaustive examination of the evidence and an expert's assessment that the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. While the process can take time, a qualified mesothelioma lawyer could help to speed up the process and ensure that it doesn't become part of the long queue of cases that are awaiting the courts.