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Asbestos Litigation

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

An attorney must be able recognize asbestos in every case. This can be accomplished by talking with co-workers or obtaining records, as well as taking samples from homes or workplaces.

Liability

You could be eligible for compensation when you or someone you care about is diagnosed with a health condition that is linked to asbestos. Compensation can cover the loss of wages, medical expenses as well as other expenses associated with mesothelioma. You can file a lawsuit to seek compensation or an offer of settlement from the defendants in the case.

There are typically many defendants in an asbestos case (click here to find out more) because there are a variety of mining companies that produce asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or in the capacity of an employer could be held accountable for injuries suffered by victims.

Asbestos suits typically fall under product liability laws that are based on the laws of the state and common law which permit damages to be recovered from sellers of products when those products cause injury. In a lawsuit involving product liability it is claimed that injuries were caused by faulty design or mismanufacture and that the person who was injured was not adequately informed about the dangers associated with products.

Defendants in asbestos cases often claim that they did not act in a negligent way and that their products are safe, even though doctors have long acknowledged that the use of asbestos-containing products is linked to different diseases. Companies who concealed asbestos-related risks to make profits were accused of a cover-up, as they tried to suppress claims and prevent workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found to be responsible for the victim's asbestos-related injuries, a jury or judge could decide on how to divide the blame between the defendants in a process referred to as apportionment. The apportionment process does not affect the amount of compensation plaintiffs can receive from the defendants.

Damages

A lawsuit filed against a firm that manufactured or sold asbestos products can help victims recover compensation for the losses they suffered. This includes the expense of medical treatment for their condition and the loss of wages because of being unable to work. Victims could also be awarded punitive and compensatory damages.

The lawsuit asserts that the defendant acted negligently and did not exercise reasonable care to ensure the product was safe for its 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 may be filed by a victim or estate of a person who died from an asbestos-related condition such as mesothelioma. An individual can bring a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional distress, loss of enjoyment of life, and suffering and pain. Family members who have survived someone who has passed away due to an asbestos-related illness can also make a claim for wrongful death.

Once an asbestos case is filed, the parties exchange information in the process of discovery. This process can take some time and may require interviews with family members, coworkers, members, abatement workers, and others to identify potential defendants.

Due to the complex nature of asbestos litigation, it is crucial that plaintiffs choose a seasoned lawyer handling their case. The law firm that the victim or their family chooses should be aware of the unique challenges of asbestos litigation. They should be acknowledged by insurance companies and defendants for their expertise.

Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are recognized for our ability to secure the maximum amount of compensation for our clients.

Contact us for a free consultation if you have any questions about bringing 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 throughout the nation. Contact us today to begin.

Settlements

When asbestos victims win their lawsuits, they get compensation from companies that knew about and exposed them to dangerous substances. The money is meant to compensate the victim and their family members for financial losses caused by asbestos exposure. Compensation can also be used to cover the pain and suffering.

Asbestos cases tend to settle rather than go to trial, as it is more cost-effective and easier for defendant companies to resolve the matter this way. Settlements can also help avoid the negative publicity that comes with a verdict in a trial. It is essential to choose an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are complicated, and attorneys must conduct extensive research about the medical records of their clients, work history, and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause for their condition. Lawyers can then gather evidence and use it in the preparation of a mesothelioma case that is strong and successful.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and discovery. 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 typically show that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related illnesses but did not inform their workers or the general public.

A number of states have time limits also known as statutes or limitations, on how long an asbestos victim must make a claim. These time periods vary from state-to-state, but generally range between one and two years. If the statute of limitations expires before a suit for mesothelioma is filed, victims will lose the right to compensation.

The amount victims can receive depends on the diagnosis of their asbestos-related disease as well as how serious their condition is, as well as other aspects. Attorneys take into account treatment costs and other costs when negotiations to ensure that patients receive enough funds for their medical bills. Asbestos sufferers can also file claims using trust funds that were set up to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related ailments.

Some of these trusts have been depleted but others continue to pay substantial awards. In 2018 an appeals court in the U.S. gave $70 million to the relatives of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can solve issues that aren't possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages, and whether the condition of a victim is due to a specific exposure.

In a court trial, plaintiffs must show that they are entitled to damages, such as past and future medical expenses, lost wages, property damages and Asbestos Case pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial process is often lengthy. In the past decade mesothelioma-related jury awards cases have risen significantly 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 can explain their legal rights before a judge in a public courtroom. An experienced attorney can assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to determine the responsible parties involved, asbestos attorney cases can be more complex. This is especially the case when someone was exposed more than one kind of asbestos at multiple locations. An experienced mesothelioma attorney can speak with witnesses like co-workers or relatives, abatement workers and suppliers to create a comprehensive list of companies products, locations and other information.

The cost of resolving asbestos claims eats up funds that could be used to pay for future cases. Many claimants also believe that settlements do not reflect actual injuries and they are entitled to more compensation.

Defendants in asbestos cases can seek to dismiss claims through summary judgment or a determination of no exposure. However they must be able to provide an extensive review of evidence and a professional opinion that the doses of asbestos the plaintiff received were not enough to cause mesothelioma. While the process could take a while, a seasoned mesothelioma lawyer can help accelerate the case and ensure that it does not become part of the long backlog of cases in the courts.