Asbestos Litigation
In the courts across the nation asbestos litigation has been a significant issue. Research has proven that exposure to
asbestos Attorney can cause lung damage and illness.
An attorney must be able to identify asbestos in each case. This can be accomplished by speaking with colleagues in the office, collecting records, and taking samples from homes or work sites.
Liability
If you or a loved one is diagnosed with an asbestos-related illness You may be entitled to compensation. Compensation can help with lost wages medical expenses, as well as other expenses associated with mesothelioma or another asbestos-related illness. You can file a lawsuit to seek compensation or an offer of settlement to the defendants in the case.
In asbestos cases, there are generally multiple defendants due to the fact that there are a variety of mining companies that manufacture asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or who acted in an employer capacity could also be held responsible for injuries suffered by victims.
Asbestos lawsuits typically fall into the legal category of product liability law which is founded on state and common laws that allow damages to be sought against manufacturers of products if the products cause injuries. In a product liability lawsuit, it is alleged the injuries occurred due to defective design or manufacturing and that the injured person was not adequately warned of the dangers associated with the products.
Defendants in asbestos cases often claim that they did not do anything in a negligent way and that their products are safe, despite the fact that doctors have long recognized the use of asbestos-containing products can lead to different diseases. Moreover, companies that hid the risks of asbestos to increase profits have been accused of covering up the issue by attempting to suppress claims and attempting to prevent workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found liable for asbestos-related injuries suffered by a victim the judge or jury could decide on how to divide the responsibility among them in a process known as the apportionment. The apportionment does not affect the total amount of money that the plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit against a company that made or sold asbestos could help victims receive compensation. This includes the cost of medical treatment and lost wages as a result of being unable their job. Victims can also be awarded punitive and compensatory damages.
The lawsuit asserts that the defendant acted negligently. This means 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 dangerous and failed to warn consumers and workers of the danger.
A person who has been a victim or the estates of people who have died from asbestos-related illnesses like mesothelioma could bring an
asbestos lawsuit. A person can file a personal injury lawsuit to seek compensation for economic and non-economic damages, including emotional anxiety and loss of enjoyment of life and suffering and pain. Family members of someone who has died from an asbestos-related illness may also file a wrongful deaths lawsuit.
Once an asbestos case has been filed and a settlement is reached, both sides exchange information in a process called discovery. This may take a few months and may include lengthy interviews with coworkers, relatives, abatement workers and others in order to identify potential defendants and asbestos-related products.
It is crucial that plaintiffs have an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm that a victim, or their family, chooses must comprehend the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for their expertise.
Our lawyers are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are known as a firm that can secure the highest amount of compensation for our clients.
Contact us for a no-obligation consultation should you have any questions regarding filing a lawsuit against asbestos. 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 across the country. Contact us by email or phone today to begin.
Settlements
If asbestos victims win their lawsuits, they receive compensation from the companies that exposed them to dangerous substances. The money is meant to pay the victim and their family members for the financial losses resulting from asbestos exposure. Compensation can also cover suffering and pain.
asbestos attorney cases are typically settled instead of going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements also reduce the negative publicity that comes with a trial verdict. It is essential to choose a mesothelioma lawyer who has expertise in obtaining the highest amount of damages for their clients.
Mesothelioma cases are incredibly complex and lawyers must do extensive research on their clients' medical records as well as their work history 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 and use it in a mesothelioma-related case that is a solid one.
Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during discovery and depositions. The evidence typically comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents usually show that asbestos producers were aware of the dangers of mesothelioma and other asbestos-related diseases, but didn't tell their workers or the general public.
A number of states have time limits also known as statutes or limitations which determine how long an asbestos victim has to bring a lawsuit. The time frames vary from state to state, but generally vary between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, the victims lose their rights to be compensated.
The amount of compensation a victim can receive is based on the severity of their illness the diagnosis, as well as other factors. Attorneys consider treatment costs and other expenses during negotiations to ensure that patients receive enough money to pay their medical expenses. Asbestos sufferers can also file claims with trust funds that were set up to compensate those who have been diagnosed with mesothelioma or any other asbestos-related diseases.
Some trusts are exhausted, but others continue to pay out significant awards. In 2018, a federal court granted $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma as a result of gaskets manufactured by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can resolve issues that aren't possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages and the possibility that a patient's condition was caused by a particular exposure.
In a trial the plaintiffs must prove that they have the right to compensation, such as past and future medical expenses such as lost wages, property damage or loss of enjoyment, and loss of consortium.