Asbestos Litigation
A large amount of asbestos cases have been handled in courts across the nation. Studies have proven that exposure to asbestos can cause lung damage as well as disease.
An attorney must be able recognize asbestos in every case. This can be accomplished by chatting with colleagues, obtaining records, and taking samples from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related condition you may be eligible for compensation. Compensation can cover lost wages, medical expenses and other expenses associated with mesothelioma or another asbestos-related illness. You can start a lawsuit to claim compensation or make a settlement offer from the defendants in the case.
In asbestos cases, there are generally multiple defendants because there are numerous mining companies that manufacture asbestos and also manufacture products that contain asbestos. These businesses may also own or have control of
asbestos Attorney-contaminated properties. In addition, companies that supplied services to mines or manufacturers who used asbestos or who were employers could be held responsible for injuries sustained by victims.
Asbestos suits are typically governed by products liability laws which are based on state and common laws which permit damages to be recouped from the seller of a product when they cause injury. In a lawsuit involving product liability it is claimed that the injuries were caused by faulty design or mismanufacture and that the injured person was not adequately warned of the dangers associated with products.
In asbestos cases,
asbestos attorney defendants often claim that they did not do anything recklessly and that their products were safe, even though doctors have long recognized asbestos-containing products can cause different diseases. Companies that concealed asbestos-related risks to boost profits were accused of cover-up, and they attempted to suppress claims and prevent workers from seeking financial compensation for their injuries.
A judge or jury can decide on how to split the blame between defendants in cases where more than one defendant has been found responsible for an asbestos-related injury. This process is known as the apportionment. The apportionment does not affect the amount of compensation plaintiffs can receive from the defendants.
Damages
A lawsuit filed against a company who manufactured or sold asbestos-related products can aid victims in recovering compensation for the losses they suffered. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims could also be awarded compensatory and punitive damages.
The lawsuit claims that the defendant acted negligently and did not take reasonable precautions to ensure that the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to warn workers and consumers of the danger.
A person who is a victim or the estates of those who have passed away from asbestos-related illnesses like mesothelioma can file an asbestos lawsuit. A person can file a lawsuit for personal injury to claim compensation for damages arising from economic or other causes that include emotional distress or pain and suffering and loss of enjoyment the life of. Family members who are survivors of someone who has died from an asbestos-related disease can make a claim for wrongful death.
Once an asbestos-related case has been filed, the two parties exchange information through an process known as discovery. This process can last for a long time and may involve extensive interviews with colleagues family members, abatement workers, relatives and others to determine potential defendants and asbestos-related products.
It is important for plaintiffs to choose an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm that a victim, or their family, chooses must be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies and defendants for their expertise.
Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our expertise to get the most compensation possible for our clients.
If you have any questions about 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 in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us today to begin.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation from the companies that exposed them substances. The money is meant to pay the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also cover the pain and suffering.
Asbestos cases often settle rather than go to trial because it is cheaper and easier for defendants to settle the case in this way. Settlements also help avoid negative publicity that can come with a verdict at trial. It is crucial to select a mesothelioma lawyer who has years of experience in obtaining maximum damages for their clients.
Mesothelioma cases are incredibly complex and lawyers must conduct extensive research on their client's medical records and work history as well as asbestos exposure. They can help clients identify asbestos-producing firms that could be the cause of the disease. The lawyers can then collect evidence and use it in a mesothelioma lawsuit that is strong.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and discovery. Evidence typically is found in internal memos, corporate documents, and testimony from former employees who have worked with asbestos-containing material. These documents usually show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't tell their workers or the general public.
Many states set time limitations, called statutes of limitations which determine how long an asbestos victim has to file a lawsuit. The length of time varies by state, but generally vary between one and two years. If the statute of limitations expires before a case for mesothelioma can be filed, victims will lose their right to compensation.
The amount of compensation a victim receive is contingent upon the severity of their condition the diagnosis, as well as other factors. Attorneys take into account treatment costs and other expenses when negotiating to ensure patients have enough funds to pay their medical bills. Asbestos victims may also be able to file claims through trust funds established for those who have been diagnosed with mesothelioma as well as other asbestos-related diseases.
Some of these trusts have been exhausted, but some continue to pay large amounts of money. For instance, in the year 2018, a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets made by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a higher chance of receiving compensation than those who accept a settlement offer. Trials can also help resolve issues that aren't resolved through settlement negotiations, like the different methods of calculating damages and whether the patient's condition resulted from specific exposures.
In a court of law, plaintiffs have to prove that they have a right to damages, including future and past medical costs loss of wages, damages to property as well as pain and discomfort and loss in consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injuries. The trial process is often long.