Asbestos Litigation
In the courts across the nation,
asbestos litigation has been a significant issue. Asbestos exposure has been proven to cause lung damage and lung disease by research.
An attorney should be able identify asbestos in every case. This can be done through talking to co-workers, getting records, or analyzing samples taken from homes or workplaces.
Liability
You could be eligible for compensation If you or someone you love has been diagnosed with a disease related to asbestos. Compensation can assist with the loss of wages medical costs, and other expenses associated with mesothelioma or another asbestos-related disease. You can start a lawsuit to claim compensation or make an offer to settle the case with the defendants in the case.
There are usually multiple defendants in asbestos cases because there are a variety of mining companies that produce asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or as employers could be held accountable for the injuries sustained by victims.
Asbestos lawsuits are often categorized under products liability laws, which are based on state and common laws that permit damages to be recovered from the seller of a product when those products cause injuries. In a suit for product liability where the injuries occurred due to faulty design or mismanufacture and that the person injured was not adequately warned about the dangers associated with products.
In asbestos cases, defendants typically claim that they did not do anything in a negligent way and that their products were safe, even though doctors have long acknowledged that asbestos-containing products can lead to various illnesses. Additionally, companies that concealed asbestos's risks to increase profits have been accused of concealing the truth in attempting to block claims and trying to prevent workers from seeking financial compensation for injuries they sustained.
A judge or jury may decide how to allocate the blame between defendants in cases where more than one defendant has been found responsible for an asbestos-related injury. This process is referred to as the apportionment. The apportionment process does not affect the amount of compensation the plaintiff is entitled to from the defendants.
Damages
A lawsuit against a business that manufactured or sold asbestos could help victims receive compensation. This includes the cost of medical treatment and lost wages as a result of being unable to perform their job. Victims can also receive compensation and punitive damages.
The lawsuit claims that the defendant acted with negligence which means that it did not use reasonable care to ensure the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos was a risk and failed to inform consumers and workers about this risk.
A victim or the estates of people who have died from asbestos-related diseases such as mesothelioma could bring an asbestos lawsuit. A person can file a personal injury lawsuit to seek compensation for economic and non-economic damages, such as emotional stress and
Asbestos Litigation loss of enjoyment of life as well as pain and suffering. Family members of someone who has died from an asbestos-related illness may also make a claim for wrongful death.
When an asbestos-related case is filed, both sides exchange information during a process called discovery. This process can take several months and may involve interviews with coworkers, family members, abatement workers, and others to determine potential defendants.
It is crucial for plaintiffs to have an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm a victim or their loved ones chooses must have an understanding of the unique complexities of asbestos litigation, and be acknowledged by defendants and insurance companies for its expertise in these cases.
Our lawyers are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are renowned for our ability to get the maximum amount of compensation to our clients.
If you have any questions regarding filing an asbestos lawsuit, contact us for a free consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients nationwide. Contact us now to get started.
Settlements
When victims win their asbestos lawsuits, they receive compensation from the companies who knowingly exposed them to dangerous substances. The money is intended to pay the victim and his or her family members for financial losses caused by asbestos exposure. Compensation may also 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 can also prevent the negative publicity that can come when a jury verdict is handed down. It is essential to choose an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.
Mesothelioma cases are complex, and attorneys must do extensive research on their client's medical records, work history and
asbestos law exposure. They can help clients identify asbestos-producing companies who may be the cause of the disease. Lawyers can then gather evidence and use it to create an effective mesothelioma suit.
During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers may uncover evidence of asbestos companies negligence. Evidence usually is found in internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many instances the documents prove that asbestos manufacturers were aware of mesothelioma's risks and other asbestos-related diseases but didn't disclose this information to their employees or to the general public.
A number of states have imposed a time limit, also known as a statute of limitations, to determine how long
asbestos claim-related victims can sue. The length of time varies by state, but they typically range between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma has been filed, the victim will lose their right to compensation.
The amount of compensation a victim will receive is based on the severity of their illness the diagnosis, as well as other factors. Attorneys take into account treatment costs and other costs when trying to make sure that patients receive enough funds to pay for medical expenses. Asbestos victims can also file claims using trust funds that were established in order to compensate those who've been diagnosed with mesothelioma or other asbestos-related diseases.
Some of these trusts have been depleted, but others continue to award significant awards. In 2018 an appeals court in the U.S. granted $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma after gaskets manufactured by John Crane Inc.
Trials
Asbestos victims who attend trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can also help in resolving issues that cannot be resolved through settlement negotiations, like the various ways to calculate damages and whether the patient's condition was caused by exposures specific to the victim.
In a trial the plaintiffs must prove that they have the right to damages, which include past and future medical expenses such as loss of earnings, property damage and pain and suffering and loss of consortium.