Asbestos Litigation
In the courts across the nation
asbestos litigation has been a significant issue. Asbestos exposure has been proven to cause lung disease and damage by research.
It is vital for attorneys to know how to identify asbestos-related materials in every case. This can be done by talking with co-workers collecting records, or analyzing samples from homes or work sites.
Liability
If you or someone close to you is diagnosed with an asbestos-related condition you could be entitled to compensation. Compensation can be used to pay for lost wages, medical costs and other costs related to mesothelioma. You can make a claim or offer an agreement to the defendants.
In asbestos cases, there are typically multiple defendants due to the fact that there are many mining companies that produce asbestos and manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that supplied services to mines or manufacturers who used asbestos, or who were employers could be held accountable for the victims' injuries.
Asbestos lawsuits typically fall into the legal category of product liability law which is based on common and state laws that permit damages to be sought against manufacturers of products if the products cause injuries. In a product liability suit it is claimed that the injuries were caused due to faulty design or mismanufacture and that the person who was injured was not adequately informed about the risks associated with the products.
In asbestos cases, defendants typically argue that they did not behave negligently and that their products are safe, despite the fact that doctors have long recognized asbestos-containing products can cause different diseases. In addition, companies who concealed asbestos's risks to increase profits have been accused of engaging in a cover-up by trying to thwart claims and trying to block workers from seeking the financial compensation they deserve for their injuries.
If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim the judge or jury could decide on how to divide the responsibility between the defendants in a process referred to as allocation. The apportionment does not alter the amount of compensation that the plaintiff can receive from the defendants.
Damages
A lawsuit against a company which manufactured or sold asbestos could help victims receive compensation. This includes the cost of medical treatment for their condition, as well as lost wages because of being unable to work. Victims could also be awarded compensatory and punitive 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 the intended use. It is also claimed that the defendant knew that asbestos was dangerous and failed to inform consumers and workers of the danger.
A person who is a victim or the estates of people who have died from
asbestos Claim-related diseases like mesothelioma are able to file an asbestos lawsuit. A person can file a lawsuit for personal injury in order to obtain compensation for financial and other damages that include emotional distress or pain and suffering and loss of enjoyment the life of. In addition, the survivors of a family of someone who died from an asbestos-related illness can make a claim for wrongful death.
Once an asbestos case is initiated, the parties exchange information in the process known as discovery. This process can last some time and may require interviews with family members, coworkers, members, abatement workers, and others to determine potential defendants.
It is important that plaintiffs have an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm a victim, or their family, chooses must be able to be aware of the unique challenges of asbestos litigation. They should also be acknowledged by insurance companies and defendants for its expertise.
Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to get the maximum amount of compensation for our clients.
Contact us for a free consultation If you have any concerns about filing a lawsuit involving asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients across the nation. Contact us today to get started.
Settlements
If asbestos victims prevail in their cases,
asbestos claim they receive compensation from the companies which exposed them to harmful substances. The money is intended to help the victim and their family in the event of financial losses due to the asbestos exposure. Compensation can also cover the cost of suffering and pain.
Asbestos cases are often settled rather than going to trial, because it is cheaper and easier for defendant companies to resolve the matter this way. Settlements also reduce the negative publicity that could be associated from a trial verdict. It is crucial to find mesothelioma attorneys who have experience in obtaining maximum damages on behalf of their clients.
Mesothelioma cases are extremely complex, and attorneys must do extensive research on their clients' medical records as well as their work history and asbestos exposure. They can assist clients in identifying asbestos-producing companies who may be responsible for the illness. The lawyers can then collect evidence to use in a strong mesothelioma case.
During pre-trial discovery and depositions mesothelioma lawyers will discover evidence of asbestos companies negligence. The evidence typically comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents often show that asbestos producers knew about the dangers of mesothelioma and other asbestos-related diseases but did not inform their workers or the general public.
There are many states that set time limits known as statutes of limitations, on how long an asbestos victim can start a lawsuit. These deadlines vary between states,
Asbestos Claim but typically range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, the victims lose their right to a fair settlement.
The amount of compensation victims receive is contingent upon the severity of their condition, their diagnosis and other factors. Attorneys take into account the cost of treatment and other costs when negotiations to ensure that patients have enough funds to pay their medical bills. Asbestos sufferers can also file claims using trust funds, which were created to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related diseases.
Certain trusts have been closed, but others continue to pay out large awards. For instance, in 2018 an appeals court in the United States awarded $70 million to the family of an U.S. Navy machinist who developed mesothelioma after working with gaskets manufactured by John Crane Inc.
Trials
Asbestos victims who go to trial have a much better chance of receiving compensation than those who accept a settlement offer. Trials can also help settle issues that cannot be resolved through settlement negotiations, including differences in the method of calculating damages and whether the condition was caused by a specific exposure.
In a court of law, plaintiffs will need to prove they are entitled damages, including future and past medical expenses and lost wages, damages to property as well as pain and discomfort and loss of consortium.