Asbestos Litigation
In courts all over the nation asbestos litigation has been a major problem. Research has proven that exposure to asbestos can cause lung damage as well as disease.
It is important for an attorney to know how to recognize asbestos-related products in every case. This can be accomplished by talking with co-workers, obtaining records, and taking samples from homes or work sites.
Liability
If you or someone close to you is diagnosed with an asbestos-related disease you may be qualified for compensation. Compensation can assist with the loss of wages medical costs, and other costs associated with mesothelioma, or any other asbestos-related disease. You can bring a lawsuit in order to obtain compensation or make an offer of settlement to the defendants in the case.
In asbestos cases, there are usually multiple defendants as there are many mining companies that manufacture asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that offered services to mines or manufacturers who used asbestos or who acted as employers could be held liable for injuries sustained by victims.
Asbestos lawsuits usually fall under the legal category of product liability law which is founded on state and common laws that permit damages to be awarded against manufacturers of products if the products cause injuries. In a product liability lawsuit where the injuries resulted from the design defect or manufacturing error and that the person injured was not adequately informed about the dangers associated with 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 years that asbestos-containing products can lead to a wide range of ailments. In addition, companies who concealed the risks of asbestos to increase profits have been accused of concealing the truth by trying to thwart claims and trying to block workers from seeking financial compensation for injuries they sustained.
A judge or jury may decide on how to split responsibility between defendants if more than one defendant has been identified as being responsible for an asbestos-related injury. This process is known as the apportionment. The apportionment does not affect the amount of compensation the plaintiff is entitled to from the defendants.
Damages
A lawsuit against a business that made or sold asbestos could help victims recover compensation. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims can also receive compensation and punitive damages.
The lawsuit claims that the defendant acted negligently, meaning it did not take reasonable care to ensure the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos could be dangerous, but failed to provide warnings to consumers and workers about this risk.
A victim or the estates of those who have passed away from asbestos-related diseases like mesothelioma are able to start an asbestos lawsuit. A person can make a claim for personal injury to claim compensation for other and economic damages like emotional distress and pain and suffering and loss of enjoyment the life. Additionally, the surviving family members of a deceased person from an asbestos-related disease can pursue a wrongful-death lawsuit.
When an asbestos-related case is filed the parties communicate information through the process of discovery. This process can last some time and may require interviews with family members, coworkers, members, abatement workers and others to identify potential defendants.
It is important 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 have an understanding of the complexities unique to asbestos litigation and should be recognized by defendants and insurance companies for its expertise in these cases.
Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our success in obtaining the highest compensation for clients.
If you have any questions regarding filing an asbestos lawsuit, please contact us for a no-cost consultation. 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 across the nation. Contact us today to begin.
Settlements
If asbestos victims prevail in their cases, they receive compensation from the companies that exposed them substances. The money is intended to compensate the victim and his or her family for financial losses caused by asbestos exposure. Compensation can also help with suffering and pain.
Asbestos lawsuits are often settled rather than going to trial. This is because it's easier and cheaper for the defendant companies to settle the case this way. Settlements also can help prevent the negative publicity that comes with a verdict in a trial. It is essential to choose an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.
Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive investigations into the history of their clients' employment as well as medical records and asbestos exposure. They can help clients identify asbestos-producing companies that could be the cause of the disease. Lawyers can then collect evidence and use it to build a solid mesothelioma lawsuit.
In the course of pre-trial discovery and depositions mesothelioma lawyers will find evidence of asbestos-related companies' negligence. Evidence typically is found in internal memos, corporate documents and statements of former employees who worked with asbestos-containing materials. In many cases these documents, it is clear that asbestos producers knew about the risks of mesothelioma and other asbestos-related illnesses however, they did not communicate this information to their employees or to the public.
Many states have set a time limitation, also known as a statute of limitations, for how long asbestos victims can bring a lawsuit. hampton asbestos lawsuit vary by state, but generally vary from one to two years. If the statute of limitation expires before a suit for mesothelioma is filed, victims will lose their right to receive compensation.
The amount victims can receive depends on the diagnosis of their asbestos-related disease, how severe their condition is and other factors. Attorneys consider the cost of treatment and other costs when negotiating to ensure that patients have enough money for their medical bills. Asbestos victims can also file claims with trust funds which were created to compensate those who have been diagnosed with mesothelioma or any other asbestos-related illnesses.
Certain trusts have been wiped out, but others continue to pay out large payouts. For example, in 2018 a 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
Asbestos victims who go to trial have a better chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that aren't resolved through settlement negotiations. For instance, there are differences in the calculation of damages and whether the condition of a victim is caused by a particular exposure.
In a court of law, plaintiffs will be required to prove that they have a right to damages, including future and past medical costs as well as lost wages, damage to property or property, pain and discomfort and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial process can be lengthy. Over the past 10 years mesothelioma cases, jury verdicts cases have risen significantly and far exceeded the amount given to settlement cases by judges.
An attorney for mesothelioma can help victims understand the process of trial and explain their legal right before a judge in a public courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Contrary to litigation involving car accidents, where it is often easy to identify the parties, asbestos cases can be more complex. This is especially true when the person has been exposed to asbestos in more than one place and at different dates. A mesothelioma lawyer with experience can speak with witnesses like co-workers, relatives, abatement workers and suppliers to compile an extensive database of employers as well as their products and locations.
There is a growing concern the cost of resolving claims from asbestos victims in the past has a negative impact on funds which could be used to fund future cases. Some claimants believe that settlements do not reflect the actual damage and that they are entitled to more compensation.
Plaintiffs in asbestos cases can seek to dismiss claims by summary judgment or a conclusion of no exposure. However they must be able to provide an in-depth review of the evidence and an expert opinion that the measured doses of asbestos that plaintiffs received did not cause mesothelioma. A mesothelioma lawyer can speed up the process and keep the case from becoming a burden in the courts.