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Asbestos Litigation

In the courts across the nation, asbestos litigation has been a major issue. Asbestos exposure has been proven to cause lung damage and lung disease by research.

An attorney must be able identify asbestos in every case. This can be done through discussing with colleagues, obtaining reports, or looking at samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness, you may be entitled to compensation. Compensation can cover lost wages, medical expenses as well as other expenses associated with mesothelioma. You can either bring a lawsuit, or offer an agreement to the defendants.

There are usually many defendants in a case involving asbestos because there are a variety of mining companies that produce asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines, or manufacturers that used asbestos or acted as employers could be held accountable for injuries sustained by victims.

Asbestos suits typically fall under products liability laws that are based upon the laws of the state and common law which allow damages to be recovered from sellers of products when they cause injury. In particular, in a liability lawsuit, it's claimed that the injuries were caused due to a flawed or defective design and that the person who suffered injury was not adequately warned of the dangers that could result from using the products.

In asbestos cases, defendants usually assert that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products can lead to a myriad of illnesses. Additionally, companies that concealed asbestos's dangers in order to boost profits have been accused of covering up the issue by attempting to suppress claims and by trying to prevent 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 jury or judge could decide how to split the responsibility between them in a process called allocation. The apportionment does not alter the amount of compensation that the plaintiff is entitled to from the defendants.

Damages

A lawsuit filed against a company that manufactured or sold asbestos products can help victims recover compensation for the losses they suffered. This includes the cost of medical treatment and lost wages because of being unable to perform their job. Victims also may receive compensatory and punitive damages.

The lawsuit alleges that the defendant acted with negligence and did not use reasonable care to ensure that the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was dangerous and failed to warn consumers and workers of the danger.

A person who is a victim or the estates of people who have died from asbestos-related diseases such as mesothelioma are able to file an asbestos lawsuit. A person can start a personal injury suit to claim compensation for non-economic and economic damages, including emotional suffering and suffering, loss of enjoyment life as well as suffering and pain. Additionally, the surviving family of someone who died from an asbestos-related illness can pursue a wrongful-death lawsuit.

Once an asbestos-related case has been filed, the two parties exchange information in a process called discovery. The process can last for several months and may involve interviews with coworkers, family members, abatement workers, and others to identify potential defendants.

It is important for plaintiffs to choose an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm a victim or their family selects should have an understanding of the unique complexities of asbestos litigation and be recognized by insurance companies and defendants for its expertise in asbestos cases.

Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability to get the most compensation possible for clients.

If you have any questions about filing an asbestos lawsuit, call us for a no-cost consultation. We are dedicated to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us via phone or email today to begin.

Settlements

When asbestos victims win their cases, they receive compensation for the companies who exposed them to hazardous substances. The money is meant to pay the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also help with suffering and pain.

Asbestos cases are often settled instead of going to trial, because it is cheaper and easier for defendant companies to settle the matter this way. Settlements can also avoid the negative publicity that can come with a verdict at trial. It is essential to choose an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.

Mesothelioma lawsuits are complex and require lawyers to conduct extensive research into their client's employment history, medical records, and asbestos exposure. They can assist clients in identifying potential asbestos law-producing companies that could be the cause of their condition. The lawyers can then collect evidence and use it to build a mesothelioma lawsuit that is strong.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and investigations. The evidence usually comes in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents often show that asbestos producers were aware of mesothelioma's risks, and other asbestos-related diseases but did not inform their employees or the general public.

Many states have set a limit, known as a statute of limitations, for how long asbestos victims are allowed to sue. The time frames vary between states, but are typically between one and two years. If the statute of limitations runs out before a mesothelioma case is filed, the victims lose their right to receive compensation.

The amount of compensation that 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 costs when trying to make sure that patients receive enough funds for their medical bills. Asbestos victims can also file claims with trust funds that were established in order to compensate those who've been diagnosed with mesothelioma or other asbestos-related illnesses.

Some of these trusts have been closed, but others continue to pay out large prizes. For example, in 2018 an appeals court in the United States awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while 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 to resolve issues that aren't resolved through settlement negotiations, for instance differences in the method of calculating damages and if the victim's condition was caused by exposures specific to the victim.

In a trial the plaintiffs have to prove that they are entitled to damages, which include past and future medical expenses and lost wages, property damages and pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The process of trial is usually lengthy. In the last 10 years mesothelioma cases, jury verdicts cases have risen dramatically and far exceeded the amount that is awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand the process of trial and explain their legal right before a judge in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Asbestos litigation can be more complex than car accident litigation where it is typically simple to identify the responsible parties. This is especially true if someone was exposed more than one kind of asbestos at multiple locations. An experienced mesothelioma attorney is able to interview witnesses like coworkers, relatives, abatement workers and suppliers to create an extensive database of the companies products, locations and other information.

The cost of resolving asbestos claims drains funds that could be used to pay for future cases. Some claimants also believe that settlements aren't basing on actual injuries and deserve more in compensation.

Defendants in asbestos cases can seek to dismiss claims by the process of summary judgment or by a finding of no exposure. However these motions require a thorough review of the evidence and a professional opinion that the measured doses of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. A mesothelioma lawyer can speed up the process and keep the case from becoming part of the backlog in the courts.