Asbestos Litigation
A significant amount of asbestos cases have been handled in courts across the country. Research has shown that exposure to asbestos can cause lung damage and cause disease.
An attorney should be able to identify asbestos in each case. This can be done by talking to colleagues, collecting reports, or looking at samples from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related disease You may be qualified for compensation. Compensation can cover medical expenses, lost wages and other costs related to mesothelioma. You may choose to make a claim or offer an offer of settlement to the defendants.
In asbestos cases, there are generally multiple defendants as 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 provided services to mines or manufacturers that used asbestos or who were employers could be held responsible for the victims' injuries.
Asbestos lawsuits typically fall into the legal category of product liability law which is based on state and common laws that allow damages to be awarded against the sellers of products when those products cause injuries. In a product liability suit where the injuries were caused by an ineffective design or fabrication, and that the injured person wasn't adequately warned about the dangers associated with products.
The defendants in asbestos cases typically argue that they did not act in a negligent manner and that their products were safe, even though doctors have long recognized the use of asbestos-containing items is linked to different diseases. Additionally, companies that concealed
asbestos compensation's risks to increase profits have been accused of attempting to cover up in attempting to block claims and also to stop workers from seeking compensation for their injuries.
If more than one defendant is found to be liable for the victim's asbestos-related injuries, a judge or jury can decide how to divide the burden of responsibility among them in a process called allocation. The apportionment does not affect the total amount that the plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit against a company that made or sold asbestos could help victims recover compensation. This includes the cost of medical treatment and lost wages because of being unable to perform their job. Victims may also receive compensation and punitive damages.
The lawsuit alleges the defendant was negligent, meaning that it didn't take reasonable steps to ensure the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos was a risk and failed to inform consumers and workers about the risk.
An asbestos lawsuit could be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related illness such as mesothelioma. A person may start a personal injury suit to seek compensation for non-economic and economic damages, including emotional anxiety and loss of enjoyment of life and suffering and pain. 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 parties exchange information through a process called discovery. It can take several months and could require extensive interviews with colleagues and relatives, abatement workers, and others to identify potential defendants and their asbestos-related products.
It is essential that plaintiffs have 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 be aware of the complexities unique to asbestos litigation and be recognized by insurers and defendants for its experience in these cases.
Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our skill to get the most compensation possible for our clients.
If you have any questions regarding filing an asbestos lawsuit, contact us for a free consultation. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us via email or phone today to get started.
Settlements
When asbestos victims win their lawsuits, they receive compensation from companies that knew about and exposed them to dangerous substances. The money is meant to provide the victim and his or her family for financial losses caused by asbestos exposure. Compensation can also help with pain and suffering.
Asbestos lawsuits are often 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 this way. Settlements can also avoid the negative publicity that can come with a verdict at trial. It is crucial to select an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.
Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research into their client's employment history as well as medical records, and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their condition. Lawyers can then gather evidence and use it to construct a strong
mesothelioma lawsuit.
Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence usually comes in the form internal memos, corporate documents and the testimony of former employees who have worked with asbestos-containing materials. These documents often show that asbestos producers were aware of mesothelioma's risks, and other asbestos-related illnesses however they didn't inform their workers or the general public.
A number of states have time limits, called statutes of limitations that define how long an asbestos victim has to bring a lawsuit. The time frames vary from state to state, but typically vary between one and two years. If the statute of limitation expires before a suit for mesothelioma is filed, the victims will lose their right to compensation.
The amount victims can receive depends on their asbestos-disease diagnosis the severity of their condition is, as well as other aspects. Attorneys take into account treatment costs and other expenses during negotiations to ensure that patients receive enough funds to pay their medical expenses. Asbestos-related victims can also file claims with trust funds, which were created to compensate those who have been diagnosed with mesothelioma or any other
asbestos lawyer-related diseases.
Some of these trusts have been wiped out, but others continue paying out substantial prizes. For instance, in the year 2018 the federal jury awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets produced by John Crane Inc.
Trials
Asbestos sufferers who go to trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that are not possible to resolve through settlement negotiations. For instance, there are differences in the calculation of damages and whether the condition of a victim is caused by a specific exposure.
In a trial the plaintiffs have to prove that they are entitled to damages, such as past and future medical expenses as well as lost wages, property damage or loss of enjoyment, and loss of consortium.