Asbestos Litigation
In the courts across the country, asbestos litigation has been a significant issue. Studies have proven that exposure to asbestos can cause lung damage as well as disease.
An attorney should be able to recognize asbestos in each case. This can be done through talking to co-workers, getting documents, or analyzing samples taken from home or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related disease You may be qualified for compensation. Compensation can assist with the loss of wages medical expenses, as well as other expenses associated with mesothelioma, or any other asbestos-related disease. You can start a lawsuit to claim compensation or a settlement offer from the defendants in the case.
There are usually multiple defendants in an asbestos case because there are a variety of mining companies that produced asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that offered services to mines or manufacturers who used asbestos, or who acted as employers could be held accountable for the victims' injuries.
Asbestos suits are typically governed by the law of product liability which are based on the laws of the state and common law which allow damages to be recovered from sellers of goods when they cause injuries. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by mismanufacture or a design defect and that the injured party was not adequately warned about the dangers that could result from 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 years that asbestos-containing products can lead to a variety of diseases. Additionally, companies that concealed the risks of asbestos to increase profits have been accused of attempting to cover up in attempting to block claims and trying to prevent workers from seeking financial compensation for injuries they sustained.
A judge or jury can decide how to divide responsibility between defendants if more than one defendant has been found responsible for an
asbestos settlement-related injury. This process is known as allocation. The apportionment does not affect the amount of compensation the plaintiff can receive from the defendants.
Damages
A lawsuit against a company that produced or sold asbestos could help victims recover compensation. This includes the costs of medical treatment for their disease, as well as lost earnings due to the inability to work. Victims may also be eligible for punitive and compensatory damages.
The lawsuit asserts that the defendant acted negligently. This means that it did not take reasonable steps to ensure the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was dangerous, but failed to inform consumers and workers of this risk.
An asbestos-related lawsuit can be filed by a victim, or the estate of a deceased person due to an asbestos-related illness, such as mesothelioma. A person may bring a lawsuit for personal injury to claim compensation for damages arising from economic or other causes that include emotional distress as well as pain and suffering and loss of enjoyment the life. Family members who have survived someone who died due to an asbestos-related condition can make a claim for wrongful death.
Once an asbestos-related case is filed, the parties exchange information through an process known as discovery. This can last several months and may include lengthy interviews with coworkers or relatives, abatement employees and others to determine potential defendants and their asbestos-related products.
It is crucial that plaintiffs have an experienced attorney handling their case because of the complex nature of
asbestos litigation. The law firm a victim or their family chooses have an understanding of the unique complexities involved in asbestos litigation and should be recognized by insurers and defendants for its experience in these cases.
Our lawyers are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are well-known for our skill in obtaining the highest compensation for clients.
Contact us for a complimentary consultation if you have any questions about filing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the country. Contact us by phone or email today to start your journey.
Settlements
When victims win their asbestos lawsuits, they are awarded 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 be used to cover pain and suffering.
Asbestos cases are typically settled rather than going to trial. This is because it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements also can help prevent the negative publicity that can come with a verdict at trial. It is crucial to find mesothelioma attorneys who have expertise in obtaining the highest amount of damages on behalf of their clients.
Mesothelioma lawsuits can be complex and require attorneys to conduct extensive investigations into their client's past work history as well as medical records, and asbestos exposure. They can help clients identify companies that could produce asbestos that could be responsible for their illness. Lawyers can then gather evidence to use in a strong mesothelioma case.
Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and discovery. The evidence typically is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. These documents often show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related illnesses however they didn't inform their employees or the general public.
A number of states have set a limit, known as a statute of limitations, for how long asbestos-related victims can bring a lawsuit. These time periods vary by state, but they typically range between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, the victims lose their rights to compensation.
The amount of compensation victims receive is contingent upon the severity of their illness, their diagnosis and other factors. Attorneys consider treatment costs and other expenses when negotiating to ensure that patients receive enough funds to cover medical expenses. Asbestos sufferers may also be able to claim through trust funds set up for those diagnosed with mesothelioma and other asbestos-related diseases.
Some of these trusts have been depleted but others continue to pay substantial payouts. In 2018 the federal court granted $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma after gaskets manufactured by John Crane Inc.
Trials
Trials are an option that is better for asbestos victims than settlement offers. Trials can solve issues that aren't easily resolved through settlement negotiations. For example, there could be differences in the calculation of damages, and
asbestos litigation the possibility that a patient's condition was caused by a particular exposure.