Asbestos Litigation
A significant amount of asbestos-related litigation has been dealt with in courts across the country. Asbestos exposure has been proven to cause lung diseases and damage through research.
It is important for an attorney to know how to recognize
Asbestos Claim-related products in each case. This can be accomplished by speaking with colleagues or obtaining records, as well as studying samples from home or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related disease, you may be entitled to compensation. Compensation can help with lost 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 typically several defendants in asbestos cases due to the numerous mining companies that produced asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or acted in an employer capacity could be held accountable for the injuries sustained by victims.
Asbestos suits are typically governed by laws governing product liability, which are based on state and common laws that allow for damages to be recovered from sellers of products when the products cause injury. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or defective design and that the person who suffered injury was not adequately warned of the dangers that could result from using the products.
In asbestos cases, defendants usually claim 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 have been linked to a myriad of illnesses. Companies that concealed asbestos risks to boost profits were accused of a cover-up, as they tried to deny claims and block workers from seeking the financial compensation they deserve for their injuries.
A jury or judge can decide how to divide responsibility between defendants if more than one defendant has been found responsible for an asbestos-related injury. This process is known as apportionment. The apportionment will not alter the amount of compensation that the plaintiff can receive from the defendants.
Damages
A lawsuit against a company that made or sold asbestos could aid victims in recovering compensation. 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 asserts that the defendant acted with negligence in that it failed to exercise reasonable care to ensure the product was safe for the intended use. It is also claimed that the defendant knew asbestos was dangerous and failed to inform consumers and workers of the danger.
A victim or the estates of those who have passed away from
asbestos legal-related illnesses like mesothelioma may bring an asbestos lawsuit. A person may start a personal injury suit to seek compensation for non-economic and economic damages, including emotional stress and suffering, loss of enjoyment life, and suffering and pain. Family members who are survivors of someone who has passed away due to an asbestos-related illness may also make a claim for wrongful death.
When an asbestos lawsuit has been initiated, the parties share information through the process of discovery. This may take a few months,
Asbestos Claim and may require extensive interviews with co-workers or relatives, abatement employees and others to discover possible defendants and their asbestos-related products.
Due to the complexity of asbestos litigation, it is essential that plaintiffs hire an experienced lawyer to handle their case. The law firm that a victim, or their family, chooses should comprehend the unique complexities of asbestos litigation. They should be acknowledged by insurance companies and defendants for their expertise.
Our lawyers are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are known for our ability in obtaining the highest compensation for clients.
If you have 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 located in Salt Lake City, Utah and Houston, Texas. We represent clients all over the country. Call or email us today to get started.
Settlements
When
asbestos settlement victims win their lawsuits, they get compensation from companies who knew they exposed them to hazardous substances. The money is meant to pay the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation may also cover the pain and suffering.
Asbestos cases are often settled rather than going to trial, because it is more cost-effective and easier for
asbestos claim defendant companies to resolve the matter in this manner. Settlements also avoid negative publicity that can come with a trial verdict. It is essential to choose an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients.
Mesothelioma lawsuits can be complex and require attorneys to conduct thorough research on their client's employment history as well as medical records, and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their condition. The lawyers can then collect evidence and use it in a strong mesothelioma case.
During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers are able to discover evidence of asbestos companies negligence. Evidence usually comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing material. These documents often reveal that asbestos producers knew about the dangers of mesothelioma and other asbestos-related illnesses but did not inform their employees or the general public.
There are many states that set time limits, called statutes of limitations, on how long an asbestos victim has to make a claim. These time periods vary from state-to-state, but are typically between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, the victims lose their right to compensation.
The amount of money victims will receive is based on the severity of their condition, their diagnosis and other factors. Attorneys look at treatment costs and other costs when they negotiate to ensure patients have enough funds to pay their medical expenses. Asbestos victims may also file claims using trust funds that were established to compensate people who have been diagnosed with mesothelioma or any other asbestos-related ailments.
Certain trusts have been depleted but others continue to award substantial payouts. In 2018, for instance a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can also help resolve issues that are not resolved through settlement negotiations, like differences in how to calculate damages and whether the victim's condition was caused by a specific exposure.
In a trial the plaintiffs must prove that they have the right to damages, including past and future medical expenses, loss of earnings, property damage or loss of enjoyment, and loss of consortium.