Asbestos Litigation
In the courts across the country, asbestos litigation is a huge issue. Studies have proven that exposure to asbestos can cause lung damage and illness.
An attorney should be able to recognize asbestos in every case. This can be done by talking with co-workers, obtaining records, and studying samples from home or work sites.
Liability
If you or someone close to you is diagnosed with an asbestos-related condition you may be entitled to compensation. Compensation can be used to pay for lost wages, medical expenses and other expenses related to mesothelioma. You can choose to bring a lawsuit, or offer an agreement to the defendants.
There are usually many defendants in an asbestos case because there are a variety of mining companies that produce asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or in a position of employer may also be accountable for injuries suffered by victims.
Asbestos suits typically fall under laws governing product liability which are based on the laws of the state and common law that permit damages to be recovered from the sellers of products if those products cause injury. In a suit for product liability it is claimed that the injuries resulted from an ineffective design or fabrication, and that the person injured wasn't adequately warned about the dangers of the products.
Defendants in asbestos cases often claim that they did not behave recklessly and that their products are safe, even though doctors have long recognized that the use of asbestos-containing items is linked to various illnesses. Furthermore, companies that concealed the risks of asbestos to boost profits have been accused of attempting to cover up by trying to thwart claims and also to prevent workers from seeking the financial compensation they deserve for their injuries.
If more than one defendant is found liable for asbestos-related injuries suffered by a victim the judge or jury can decide how to divide the burden of responsibility among them in a process known as the apportionment. The apportionment doesn't affect the amount of compensation that the plaintiff is entitled to from the defendants.
Damages
A lawsuit brought against a firm that manufactured or sold asbestos products can help victims receive compensation for their losses. This includes the cost of medical treatment for their condition as well as the loss of earnings due to the inability to work. Victims may also be eligible for compensatory and punitive damages.
The lawsuit claims that the defendant acted with negligence which means that it did not take reasonable care to ensure the product was safe for the intended use. It also is alleged that the defendant knew asbestos was dangerous, but failed to inform consumers and workers of the danger.
An asbestos lawsuit could be filed by a victim or estate of a deceased person due to an asbestos-related illness, such as mesothelioma. A person can bring a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional stress, loss of enjoyment of life and pain and suffering. In addition, the survivor family members of a person who died from an asbestos-related disease can pursue a wrongful-death lawsuit.
Once an
asbestos case is filed, the two parties exchange information via a process called discovery. This process can take several months and may require interviews with family members, coworkers, members, abatement workers and others to determine potential defendants.
Due to the complex nature of asbestos litigation, it is crucial that plaintiffs have an experienced lawyer handling their case. The law firm a victim or their family selects should be able to be aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies as well as defendants for its expertise.
Our lawyers are
asbestos litigation experts who have years of experience representing asbestos victims and their families. We are renowned for our success to obtain the maximum amount of compensation for our clients.
Contact us for a no-obligation consultation if 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 nation. Contact us today to begin.
Settlements
When victims win their asbestos lawsuits, they get compensation from companies who knew they exposed them to dangerous substances. The money is meant to compensate the victim as well as his or her family for the financial losses resulting from asbestos exposure. Compensation can be used to cover pain and suffering.
Asbestos cases usually settle rather than going to trial, because it is more cost-effective and easier for defendants to settle the matter this way. Settlements also can help prevent the negative publicity that is associated with a verdict at trial. It is crucial to select an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients.
Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive investigations into their client's work history as well as medical records and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be the cause of the disease. Lawyers can then gather evidence to use in a strong mesothelioma case.
During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers may uncover evidence of asbestos companies negligence. Evidence typically comes in the form of internal memos, corporate documents and statements of former employees who have worked with asbestos-containing materials. In many cases documents, they show that asbestos manufacturers were aware of mesothelioma's risks and other asbestos-related ailments, but didn't disclose this information to their workers or the public.
Many states have imposed a time limit, also known as a statute of limitations, for the length of time asbestos victims can file a lawsuit. The time frames vary from state to state, but typically range between one and two years. If the statute of limitation expires before a case for mesothelioma can be filed, the victims will lose their right to compensation.
The amount of money that victims will receive is contingent upon the diagnosis of their asbestos-related disease and how severe their condition is and other aspects. Attorneys consider treatment costs and other expenses during negotiations to ensure that patients receive enough money to pay their medical expenses. Asbestos victims can also file claims using trust funds which were created to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related ailments.
Certain trusts have been closed, but others continue to pay substantial payouts. In 2018, for instance an appeals court in the United States awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets produced by John Crane Inc.
Trials
Asbestos sufferers who go to trial have a better chance of receiving compensation than those who accept the settlement offer. Trials can also help settle problems that cannot be resolved through settlement negotiations, including differences in the method of calculating damages and whether the condition was caused by a specific exposure.
In a court trial the plaintiffs have to prove that they have the right to damages, such as future and past medical expenses, loss of earnings, property damage as well as pain and suffering and loss of consortium.