Asbestos Litigation
In courts all over the nation asbestos litigation has been a major problem. Asbestos exposure is proven to cause lung disease and damage by research.
An attorney should be able recognize asbestos in each case. This can be done through conversations with coworkers, obtaining records, and analyzing samples from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related illness you may be entitled to compensation. Compensation may help pay for lost wages and medical expenses as well as other costs associated with mesothelioma or another asbestos-related illness. You can file a lawsuit to seek compensation or make a settlement offer from the defendants in the case.
There are typically many defendants in asbestos cases because there are numerous mining companies that made asbestos and the manufacturers 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 in the capacity of an employer could be held accountable for the injuries of victims.
Asbestos-related lawsuits are often categorized under the legal category of product liability law, which is founded on state and common laws that permit damages to be sought against manufacturers of products if the products cause injuries. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by mismanufacture or a design defect and that the injured party was not adequately warned about the risks that came with using the products.
In asbestos cases, defendants often claim that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing products have been linked to a myriad of illnesses. Companies who concealed asbestos-related dangers to increase profits were accused of cover-up as they sought to deny claims and block workers from claiming financial compensation for their injuries.
If more than one defendant is found to be liable for
asbestos legal-related injuries suffered by a victim, a judge or jury can decide how to divide the responsibility between them through a process known as the apportionment. The apportionment does not affect the total amount that the plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit brought against a company that manufactured or sold asbestos products can help victims obtain compensation for their losses. This includes the cost of medical treatment for their condition and lost wages because of being unable to work. Victims may also be eligible for compensation and punitive damages.
The lawsuit claims that the defendant acted negligently in that it failed to exercise reasonable care to ensure the product was safe for its intended use. The lawsuit also claims that the defendant knew that asbestos could be dangerous and failed inform consumers and workers about the risk.
A person who is a victim or the estates of those who have passed away from asbestos-related diseases like mesothelioma can start an asbestos lawsuit. A person can bring a lawsuit for personal injury to claim compensation for economic and other damages that include emotional distress, pain and suffering, and loss of enjoyment the life. Family members who have survived someone who died due to an asbestos-related condition can pursue a wrongful-death lawsuit.
Once an asbestos case has been filed, the two parties share information through a process called discovery. This may take a few months and may involve extensive interviews with colleagues or relatives, abatement employees and others to determine potential defendants and their asbestos-related products.
It is crucial for plaintiffs to choose an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm that a victim or their family chooses to work with should have an understanding of the unique complexities involved in asbestos litigation, and be acknowledged by defendants and insurance companies for its expertise in these cases.
Our lawyers are
asbestos litigation experts with years of experience in representing asbestos victims and their families. We are well-known for our expertise to obtain the maximum amount of compensation for clients.
Contact us for a complimentary consultation If you have any concerns about filing a lawsuit against asbestos. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us now to begin.
Settlements
If asbestos victims win their cases, they receive compensation for the companies that exposed them to dangerous substances. This money is meant to assist the family of the victim with financial losses resulting from the asbestos exposure. Compensation can also be used to cover pain and suffering.
Asbestos cases usually settle instead of going to trial, as it is easier and cheaper for defendant companies to settle the case in this way. Settlements can also prevent the negative publicity that comes when a jury verdict is handed down. It is essential to choose mesothelioma lawyers who have prior experience in obtaining the maximum amount of damages for their clients.
Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive research into their client's work history, 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 to build a mesothelioma-related case that is a solid one.
During pre-trial discovery, depositions and pre-trial depositions, mesothelioma lawyers can discover evidence of asbestos companies negligence. Evidence typically comes in the form of internal memos, corporate documentation and testimony from former employees who have worked with asbestos-containing products. These documents often reveal that asbestos manufacturers knew about mesothelioma's risks, and other asbestos-related diseases however, they didn't tell their employees or the general public.
Many states set time limits, called statutes of limitations which determine how long an asbestos victim can bring a lawsuit. The durations vary by state, but they typically vary from one to two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, the victims lose their rights to compensation.
The amount of compensation victims are entitled to is determined by the severity of their condition the diagnosis, as well as other factors. Attorneys take into account the cost of treatment and other expenses when trying to make sure that patients receive enough funds to pay their medical bills. Asbestos victims may also be able to claim through trust funds that have been established for those diagnosed with mesothelioma or other asbestos-related illnesses.
Certain trusts are exhausted, but others continue to award large amounts of money. In 2018 the United States court granted $70 million to the family of a U.S. Navy machinist diagnosed with mesothelioma due to gaskets manufactured by John Crane Inc.
Trials
Trials are the best option for asbestos victims than settlement offers. Trials can also help to resolve problems that cannot be resolved through settlement negotiations, like differences in the method of calculating damages and whether the patient's condition resulted from specific exposures.