Asbestos Litigation
A significant amount of
asbestos legal-related litigation has been handled by courts across the nation. Studies have proven that asbestos exposure can cause lung damage and cause disease.
It is vital that attorneys know how to identify asbestos-related materials in every case. This can be accomplished by speaking with colleagues, obtaining records, and analysing samples taken from homes or workplaces.
Liability
You may be entitled to compensation when you or someone you love has been diagnosed with a health condition that is linked to asbestos. Compensation can cover lost wages medical expenses, as well as other expenses related to mesothelioma and other asbestos-related disease. You can start a lawsuit to claim compensation or an offer to settle the case with the defendants in the case.
In asbestos cases, there will be multiple defendants due to the fact that there are many mining companies that produce asbestos and also manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or in a position of employer could also be held responsible for injuries suffered by victims.
Asbestos suits often fall under product liability laws that are based on the laws of the state and common law that allow for damages to be recouped from sellers of goods when the products cause injuries. In a suit for product liability, it is alleged the injuries resulted from defective design or manufacturing and that the victim was not adequately informed about the dangers associated with products.
In asbestos cases, defendants usually claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products are linked to a range of illnesses. Companies who concealed asbestos-related risks to make profits were accused of a cover-up, and they attempted to block claims and keep workers from claiming financial compensation for their injuries.
If more than one defendant is found responsible for a victim's asbestos-related injuries, a judge or jury could decide on how to divide the blame between the defendants in a process referred to as apportionment. The apportionment does not alter the amount of money a plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit against a company that produced or sold asbestos could aid victims in recovering compensation. This includes the cost of medical treatments for their illness, as well as lost wages due to being unable to work. Victims may also be eligible for compensation and punitive damages.
The lawsuit asserts that the defendant acted with negligence, meaning it did not use reasonable care to ensure that the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was dangerous, but failed to warn workers and consumers of the danger.
The estates or victims of those who have passed away from asbestos-related illnesses such as mesothelioma may bring an asbestos lawsuit. A person can make a claim for personal injury to claim compensation for other and economic damages, such as emotional distress or pain and suffering and loss of enjoyment of the life. In addition, the surviving family members of a deceased person from an asbestos-related disease can make a claim for wrongful death.
When an asbestos-related case is filed, both sides share information in the process known as discovery. This process can last for a long time, and may require extensive interviews with colleagues or relatives, abatement employees, and others to identify potential defendants and asbestos-related products.
It is crucial that plaintiffs have an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm that a plaintiff or their family chooses have an understanding of the unique complexities involved in asbestos litigation, and be acknowledged by insurance companies and defendants for its expertise in asbestos cases.
Our lawyers are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are known as a firm that can secure the maximum amount of compensation for our clients.
If you have any questions regarding filing an asbestos suit, contact us for a free consultation. We are committed 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 now to begin.
Settlements
If asbestos victims prevail in their lawsuits, they are awarded compensation for the companies that exposed them to dangerous substances. This money is meant to assist the family members of the victim with financial losses resulting from the asbestos exposure. Compensation may also cover the cost of suffering and pain.
Asbestos lawsuits are often settled instead of going to trial. This is because it's less expensive and easier for the defendant companies to settle the case this way. Settlements can also help avoid the negative publicity that comes with a verdict at trial. It is crucial to choose an experienced mesothelioma lawyer that has experience obtaining maximum damages for their clients.
Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research about their client's medical records, work history and asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the condition. The lawyers can then collect evidence to use in a strong mesothelioma case.
During pre-trial discovery and depositions mesothelioma lawyers may discover 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 Attorney-containing material. These documents often 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 set a limit, referred to a statute of limitations, for how long asbestos victims can make a claim. These deadlines vary from state to state, but are typically between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma is filed victims will lose their right to compensation.
The amount of money victims receive is contingent upon the severity of their illness, their diagnosis and other factors. Attorneys will consider the cost of treatment as well as other expenses in negotiations to ensure that patients have enough money to pay their medical expenses. Asbestos victims can also file claims with trust funds which were created to compensate people who have been diagnosed with mesothelioma or other asbestos-related illnesses.
Some of these trusts have dwindled, however others continue to pay substantial awards. For instance, in 2018 the federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured 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,
asbestos attorney differences in the calculation of damages and the possibility that a patient's condition was due to a specific exposure.
In a court trial the plaintiffs have to prove that they are entitled to compensation, such as future and past medical expenses and loss of earnings, property damage, pain and suffering, and loss of consortium.