Asbestos Litigation
In courts all over the nation asbestos litigation has been a significant issue. Studies have proven that exposure to asbestos can cause lung damage and illness.
An attorney should be able recognize asbestos in every case. This can be accomplished 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 disease you may be qualified for compensation. Compensation can cover the loss of wages, medical expenses and other expenses related to mesothelioma. You can either make a claim or offer an offer of settlement to the defendants.
There are typically multiple defendants in an
asbestos case because there are numerous mining companies who 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 provided services to
asbestos claim-using mines, manufacturers or in an employer capacity could also be liable for the injuries sustained by victims.
Asbestos-related lawsuits are often categorized under the legal category of product liability law, which is built on state and common laws that permit damages to be sought against manufacturers of products if the products cause injuries. In a product liability lawsuit where the injuries were caused due to faulty design or mismanufacture and that the victim wasn't adequately warned about the dangers of the products.
Defendants in asbestos cases often claim that they did not do anything in a negligent way and that their products are safe, even though doctors have long acknowledged that the use of asbestos-containing products can lead to different diseases. Companies who concealed asbestos-related risks to boost profits were accused of a cover-up as they sought to block claims and keep workers from seeking the financial compensation they deserve for their injuries.
A judge or jury can decide on how to split the responsibility among defendants when more than one defendant is found to be responsible for
Asbestos Case an asbestos-related injury. This process is referred to as apportionment. The apportionment process does not affect the total amount that the plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit filed against a firm that manufactured or sold asbestos 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 can also be awarded compensation and punitive damages.
The lawsuit alleges that the defendant acted negligently, meaning that it didn't take reasonable steps to ensure the product was safe for the intended use. It also is alleged that the defendant knew asbestos was a risk and failed to warn workers and consumers of the danger.
An
asbestos lawsuit could be filed by a person who has suffered the loss or the estate of a person who passed away from an asbestos-related disease such as mesothelioma. An individual can file a personal injury lawsuit to seek compensation for non-economic and economic damages, such as emotional stress and suffering, loss of enjoyment life, and pain and suffering. In addition, the survivors of a family members of a deceased person from an asbestos-related illness can bring a wrongful death lawsuit.
Once an asbestos case is filed, the two parties exchange information in the process of discovery. It can take several months,
asbestos case and may require extensive interviews with colleagues family members, abatement workers, relatives, and others to identify potential defendants and their asbestos-related products.
It is essential for plaintiffs to choose an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm that a plaintiff or their family selects should have an understanding of the unique complexities involved in asbestos litigation, and be acknowledged by defendants and insurance companies for its experience in these cases.
Our lawyers are asbestos litigation experts with years of experience representing asbestos victims and their families. We are well-known for our expertise in obtaining maximum compensation for clients.
Contact us for a no-obligation consultation if you have any questions about filing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us via phone or email today to begin.
Settlements
When asbestos victims win their lawsuits, they are awarded compensation for the companies that exposed them substances. The money is meant to compensate the victim as well as his or her family members for the financial losses resulting from asbestos exposure. Compensation may also cover pain and suffering.
Asbestos cases are often settled rather than go to trial, as it is easier and cheaper for the defendant company to settle the case in this way. Settlements also help avoid negative publicity that can come when a verdict is handed down. It is crucial to select an experienced mesothelioma law firm that has experience obtaining maximum damages for their clients.
Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research into their client's past work history as well as medical records, and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be responsible for their illness. Lawyers can then gather evidence and use it to build an effective mesothelioma case.
Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and discovery. The evidence usually comes in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. These documents often reveal that asbestos producers were aware of mesothelioma's risks, and other asbestos-related diseases however they didn't inform their employees or the general public.
A number of states have imposed a time limit, also known as a statute of limitations, on how long asbestos victims can file a lawsuit. These time periods vary by state, but usually vary from one to two years. If the statute of limitations expires before a lawsuit for mesothelioma is filed, the victim will lose their right to compensation.
The amount of compensation a victim receive is contingent upon the severity of their condition, their diagnosis and other factors. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure patients have enough money to pay their medical expenses. Asbestos sufferers can also file claims with trust funds that were established to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related ailments.
Some of these trusts have been wiped out, but others continue to pay substantial prizes. In 2018 the United States court gave $70 million to the relatives of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets manufactured by John Crane Inc.
Trials
Trials are an option that is better for asbestos victims than settlement offers. Trials can also help resolve problems that cannot be resolved through settlement negotiations, including the various ways to calculate damages and whether the victim's condition was caused by specific exposures.
In a trial plaintiffs must demonstrate that they are entitled to damages, including future and past medical expenses such as lost wages, property damage or loss of enjoyment, and loss of consortium.