Asbestos Litigation
A significant amount of asbestos-related cases have been handled in courts across the nation. Research has proved that exposure to asbestos can cause lung damage and cause disease.
It is crucial that attorneys know how to identify asbestos-related materials in each case. This can be done by discussing with colleagues, obtaining documents, or by analyzing samples from homes or workplaces.
Liability
You may be entitled to compensation If you or someone you love has been diagnosed with a disease that is related to asbestos. Compensation can be used to pay for lost wages, medical costs and other costs related to mesothelioma. You can file a lawsuit to seek compensation or an offer of settlement from the defendants in the case.
In asbestos cases, there are generally several defendants since there are a variety of mining companies that manufacture asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that provided services to mines or manufacturers that made use of asbestos or who acted as employers could be held accountable for injuries sustained by victims.
Asbestos lawsuits typically fall into the legal category of law governing product liability, which is founded on state and common laws that allow damages to be recouped from manufacturers of products if the products cause injury to. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by manufacturing errors 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 usually assert that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing items are linked to a range of illnesses. Companies that concealed asbestos-related risks to make profits were accused of a cover-up, as they tried to block claims and keep workers from claiming financial compensation for their injuries.
A judge or jury may decide on how to split the responsibility among defendants when more than one defendant is found to be responsible for an asbestos-related injury. This process is called apportionment. The apportionment process does not alter the amount that the plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit against a business that produced or sold asbestos could aid victims in recovering compensation. This includes the cost for medical treatment and lost wages because of being unable their job. Victims may also be eligible for punitive and compensatory damages.
The lawsuit claims that the defendant acted negligently and did not use reasonable care to ensure that the product was safe for its intended use. upland asbestos attorneys that the defendant knew asbestos could be dangerous and failed inform consumers and workers about the dangers.
An asbestos lawsuit could be filed by a victim or estate of a person who has died from an asbestos-related condition like mesothelioma. An individual can start a personal injury suit to seek compensation for non-economic and economic damages, such as emotional distress and loss of enjoyment of life, and pain and suffering. In addition, the survivor family of someone who died from an asbestos-related disease can pursue a wrongful-death lawsuit.
After an asbestos lawsuit is filed, both sides communicate information through a process called discovery. This can last several months, and may require lengthy interviews with coworkers family members, abatement workers, relatives and others in order to identify potential defendants and asbestos-related products.
Due to the complexity of asbestos litigation it is essential that plaintiffs have an experienced lawyer handle their case. The law firm that a plaintiff or their family chooses be aware of the unique complexities of asbestos litigation and be recognized by insurers and defendants for its experience in these cases.
Our lawyers are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are recognized for our ability to secure maximum compensation for our clients.
Contact us for a free consultation should you have any questions about bringing a lawsuit against asbestos. 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 country. Contact us via phone or email today to get started.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation from companies that knowingly exposed them to hazardous substances. The money is intended to assist the victim and their family financially for the financial loss resulting from the asbestos exposure. Compensation can also be used to cover the pain and suffering.
Asbestos cases are typically settled instead of going to trial. This is because it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements also prevent negative publicity that could be associated with a verdict at trial. It is essential to choose an attorney for mesothelioma who has expertise in obtaining the highest amount of damages for their clients.
Mesothelioma lawsuits are complex and require lawyers to conduct extensive research into their client's past work history as well as medical records, and asbestos exposure. They can help clients identify asbestos-producing firms that could be the cause of the disease. Lawyers can then gather evidence to use in a strong mesothelioma case.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent during discovery and depositions. The evidence typically is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents typically show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related illnesses however, they didn't tell their workers or the general public.
Many states set time limits which are known as statutes of limitation which determine how long an asbestos victim has to make a claim. The length of time varies from state-to-state, however, they are usually between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, the victims lose their right to compensation.
The amount of money that patients can receive is contingent on the asbestos-related diagnosis they receive and how severe their condition is and other factors. Attorneys take into account the cost of treatment and other costs when trying to make sure that patients receive enough funds to pay their medical bills. Asbestos victims can also file claims using trust funds that were established to compensate those who have been diagnosed with mesothelioma and other asbestos-related diseases.
Some trusts are closed, while others continue to pay out huge amounts of money. In 2018 the federal court granted $70 million to the family of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets produced by John Crane Inc.
Trials
Trials are the best option for asbestos victims than settlement offers. Trials can solve issues that aren't resolved through settlement negotiations. For example, differences in the calculation of damages and whether the condition of a victim is caused by a specific exposure.
In a trial plaintiffs must demonstrate that they are entitled to damages, which include past and future medical expenses as well as lost wages, property damages and pain and suffering and loss of consortium. In addition, the defendant must show that it is accountable for the asbestos-related injuries. The process of trial is usually long. Over the past 10 years mesothelioma-related jury awards cases have increased significantly and far exceeded the amount awarded to settlement cases by judges.
A mesothelioma attorney can help victims understand the process of trial and explain their legal rights before a judge in a public courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Asbestos cases can be more complicated than car accident litigation, where it is generally easy to identify responsible parties. This is especially true when an individual has been exposed to asbestos in more than one place and at different times. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, or abatement workers, to compile an inventory of the companies, products, and the locations.
The cost of resolving asbestos claims drains funds which could have been used to pay future cases. Furthermore, some claimants believe that settlements are not founded on actual injuries and they deserve more compensation.
Plaintiffs can challenge dismissal of asbestos claims by obtaining summary judgment, or a finding that there was no exposure. These motions are, however, subject to an extensive examination of evidence as well as an expert's assessment that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma attorney can help speed up the process and stop the case from becoming a part of the backlog in the courts.