Asbestos Litigation
A significant amount of asbestos-related litigation has been dealt with in courts across the country. Research has proven that exposure to asbestos can cause lung damage as well as disease.
It is crucial for an attorney to understand how to recognize asbestos-related products in every case. This can be done by talking to colleagues, collecting documents, or by analyzing samples from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related condition You may be qualified for compensation. Compensation can assist with the loss of wages medical costs, and other costs related to mesothelioma and other
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There are usually many defendants in a case involving asbestos because there are many mining companies that made asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or who acted in a position of employer could be held accountable for injuries suffered by victims.
Asbestos lawsuits often fall under the legal category of product liability law, which is based on state and common laws that permit damages to be awarded against producers of products if those products cause injuries. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or a design defect and that the injured party wasn't adequately warned of the dangers associated with using the products.
Defendants in asbestos cases often claim that they did not behave in a negligent way and that their products were safe, even though doctors have long recognized the use of asbestos-containing products can cause different diseases. Companies that concealed asbestos-related risks to increase profits were accused of cover-up, as they tried to deny claims and block workers from claiming financial compensation for injuries they sustained.
If more than one defendant is found liable for a victim's asbestos-related injuries, a judge or jury could decide on how to divide the burden of responsibility among them in a process called apportionment. The apportionment doesn't affect the amount of compensation that the plaintiff may receive from the defendants.
Damages
A lawsuit brought against a firm that manufactured or sold asbestos-related products could aid victims in recovering compensation for their losses. This includes the cost of medical treatment and lost wages as a result of being unable to perform their job. Victims could also be awarded compensation and punitive damages.
The lawsuit claims that the defendant acted with negligence, meaning it did not use reasonable care to ensure the product was safe for the intended use. The lawsuit also asserts that the defendant knew
asbestos lawyer could be dangerous and failed warn workers and consumers about this risk.
An asbestos lawsuit may be filed by a victim, or the estate of a deceased person from an asbestos-related condition like mesothelioma. A person can file a lawsuit for personal injury in order to obtain compensation for other and economic damages like emotional distress, pain and suffering, and loss of enjoyment the life. Additionally, the surviving family members of a deceased person from an asbestos-related disease may pursue a wrongful-death lawsuit.
When an asbestos lawsuit has been filed, the two parties exchange information via the process of discovery. This process can last several months and may involve interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.
Due to the complexity of asbestos litigation, it is crucial that plaintiffs choose a seasoned lawyer to handle their case. The law firm a victim or their loved ones chooses must have an understanding of the complexities unique to asbestos litigation and should be recognized by defendants and insurance companies for its experience in these cases.
Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are known for
Asbestos Law our ability to get the most compensation possible for clients.
If you have any questions regarding filing an asbestos suit, contact us for a free consultation. We are committed 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 country. Call or email us today to get started.
Settlements
If asbestos victims prevail in their cases, they receive compensation from the companies that exposed them substances. The money is intended to help the family of the victim in the event of financial losses due to the asbestos exposure. Compensation may also cover pain and suffering.
Asbestos cases tend to settle instead of going to trial because it is cheaper and easier for defendants to settle the case in this way. Settlements can also avoid the negative publicity that comes when a jury verdict is handed down. It is essential to choose mesothelioma attorneys who have prior experience in obtaining the maximum amount of damages for their clients.
Mesothelioma lawsuits are complicated and require lawyers to conduct thorough research on their client's work history, medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be responsible for the illness. The lawyers can then collect evidence and use it to build a mesothelioma lawsuit that is strong.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many instances documents, they show 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 public.
Many states set time limitations which are known as statutes of limitation on the time asbestos victims have to bring a lawsuit. The time frames vary from state to state, but they typically vary between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, victims lose their rights to receive compensation.
The amount of compensation victims receive is contingent upon the severity of their illness and their diagnosis as well as other factors. Attorneys consider treatment costs and other costs when trying to make sure that patients have enough money to pay their medical bills. Asbestos sufferers may also be able to claim through trust funds established for those diagnosed with mesothelioma and other asbestos-related diseases.
Some of these trusts are closed, while others still pay significant awards. For example, in 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 produced by John Crane Inc.
Trials
Trials are an option that is better for asbestos victims than settlement offers. Trials can also help settle problems that cannot be resolved through settlement negotiations, like differences in the method of calculating damages and whether the patient's condition was caused by a specific exposure.
In a court of law, plaintiffs have to prove that they have a right to damages, including past and future medical expenses and lost wages, damages to property, pain and discomfort, and loss in consortium.