Asbestos Litigation
A substantial amount of asbestos cases have been handled in courts across the country. Research has shown that exposure to asbestos can cause lung damage as well as disease.
An attorney must be able identify asbestos in each case. This can be accomplished by talking to co-workers, getting documents, or analyzing samples from homes or workplaces.
Liability
You could be eligible for compensation If you or someone you love has been diagnosed with a disease related to asbestos. Compensation can pay for the loss of wages, medical expenses and other costs related to mesothelioma. You can either make a claim or offer an agreement to the defendants.
There are usually many defendants in asbestos cases because there are a variety of mining companies that produced asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines, or manufacturers who used asbestos, or who were employers could be held liable for injuries to victims.
Asbestos suits often fall under products liability laws that are based upon common and state laws which permit damages to be recouped from the sellers of products if the products cause injuries. In a product liability lawsuit where the injuries were caused by defective design or manufacturing and that the victim was not adequately informed about the dangers associated with products.
The defendants in
asbestos cases typically argue that they did not behave negligently and that their products were safe, even though doctors have long recognized the use of asbestos-containing products can lead to various diseases. Additionally, companies that concealed the risks of asbestos to increase profits have been accused of covering up the issue by attempting to suppress claims and trying to stop workers from seeking financial compensation for their injuries.
If more than one defendant is found liable for the asbestos-related injuries sustained by a victim the judge or jury may determine how to divide the burden of responsibility among them in a process known as apportionment. The apportionment does not affect the total amount of money that the plaintiff could receive as compensation from the defendants in the case.
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 for their condition and lost wages due to inability to work. Victims could also be awarded compensatory and punitive damages.
The lawsuit alleges the defendant acted negligently, which means that it did not take reasonable steps to ensure that the product was safe for the intended use. It also is alleged that the defendant knew asbestos was dangerous and failed to warn consumers and workers of the danger.
An asbestos lawsuit can be filed by a victim or estate of a person who died from an asbestos-related illness such as mesothelioma. A person may bring a personal injury lawsuit to seek compensation for economic and non-economic damages, such as emotional stress and loss of enjoyment of life, and pain and suffering. Family members who are survivors of someone who has passed away due to an asbestos-related illness may also file a wrongful deaths lawsuit.
Once an
asbestos compensation case is filed, the two parties exchange information via an process known as discovery. The process can last for several months and may require interviews with coworkers, family members, abatement workers, and others to identify potential defendants.
It is essential for plaintiffs to have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm a victim, or their family, selects should be able to understand the unique complexities of asbestos litigation. They should also 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 well-known for our skill 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 throughout the nation. Call or email 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. This money is meant to assist the victim and their family in the event of financial losses due to the
asbestos compensation exposure. Compensation can also be used to cover suffering and pain.
Asbestos cases usually settle rather than 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 can come with a verdict in a trial. It is crucial to find an attorney for mesothelioma who has prior experience in obtaining the maximum amount of damages for their clients.
Mesothelioma cases are incredibly complex,
asbestos and attorneys must conduct extensive research into their clients' medical records, work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their illness. Lawyers can then gather evidence and use it in a strong mesothelioma case.
During pre-trial discovery, depositions and pre-trial depositions, mesothelioma lawyers can find evidence of asbestos-related companies' negligence. Evidence usually comes in the form internal memos, corporate documents, and statements of former employees who been exposed to asbestos-containing materials. These documents usually show that asbestos producers were aware of the dangers of mesothelioma, and other asbestos-related illnesses but did not inform their employees or the general public.
Many states set time limits which are known as statutes of limitation that define how long an asbestos victim must make a claim. The durations vary by state, but typically vary from one to two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed, the victim will lose their right to receive compensation.
The amount of compensation a victim receive is contingent upon the severity of their condition as well as their diagnosis and
asbestos other factors. Attorneys look at treatment costs as well as other expenses in negotiations to ensure that patients have enough funds to pay their medical bills. Asbestos victims may also be able to claim through trust funds established for those diagnosed with mesothelioma as well as other asbestos-related diseases.
Certain trusts have been wiped out, but others continue to pay out large payouts. In 2018, a federal court granted $70 million to the family of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc.
Trials
Trials are an option that is better for asbestos victims than settlement offers. Trials can resolve issues that are not possible to resolve through settlement negotiations. For example, differences in the calculation of damages, and whether a victim's condition is caused by an exposure.
In a court of law, plaintiffs will need to prove they are entitled to damages, including future and past medical expenses loss of wages, damages to property or property, pain and discomfort and loss in consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injury. The process of trial is usually long.