Asbestos Litigation

A substantial amount of asbestos-related litigation has been dealt with in courts across the nation. Research has proven that asbestos exposure can cause lung damage and disease.

An attorney must be able to identify asbestos in each case. This can be done through speaking to colleagues, obtaining documents, or by analyzing samples from homes or workplaces.

Liability

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

In asbestos cases, there are generally multiple defendants because there are a variety of mining companies that manufacture asbestos and also manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or who acted in an employer capacity could also be liable for injuries sustained by victims.

Asbestos lawsuits often fall under the legal category of law governing product liability, which is based on state and common laws that allow damages to be recouped from manufacturers of products if the products cause injuries. In a suit for product liability it is claimed that the injuries occurred due to an ineffective design or fabrication, and huber heights Asbestos that the victim was not adequately warned of the dangers associated with the products.

In asbestos cases, defendants often argue that they did not behave in a negligent manner and that their products are safe, even though doctors have long acknowledged that asbestos-containing products is linked to various illnesses. Furthermore, companies that concealed the risks of asbestos to boost profits have been accused of covering up the issue in attempting to block claims and trying to block workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found to be liable for the victim's asbestos-related injuries, a judge or jury could decide how to split the burden of responsibility among them through a process known as the apportionment. The apportionment process does not alter the amount of money that the plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit against a company that made or sold asbestos could help victims recover compensation. This includes the cost for medical treatment and lost wages as a result of being unable their job. Victims can also receive compensation and punitive damages.

The lawsuit alleges that the defendant acted negligently in that it failed to use reasonable care to ensure the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was a danger and did not warn consumers and workers of this risk.

An asbestos lawsuit can be filed by a person who has suffered the loss or the estate of a deceased person from an asbestos-related illness like mesothelioma. A person can file a lawsuit for personal injury in order to obtain compensation for financial and other damages that include emotional distress, pain and suffering, and loss of enjoyment of the life. Family members of someone who has passed away due to an asbestos-related condition can file a wrongful deaths lawsuit.

Once an asbestos-related case is filed, the parties exchange information in the process of discovery. This process can take several months and could require interviews with coworkers, family members, abatement workers, and others to determine potential defendants.

Due to the complexity of asbestos litigation it is essential that plaintiffs choose a seasoned lawyer handling their case. The law firm that the victim or their family chooses should understand the unique complexities of asbestos litigation. They should be recognized by insurance companies and defendants for their expertise.

Our lawyers are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are well-known for our skill to get the most compensation possible for clients.

If you have questions about filing an asbestos lawsuit, call us for a free consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us now to get started.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from companies that knowingly exposed them to dangerous substances. This money is meant to help the family members of the victim with financial losses resulting from the asbestos exposure. Compensation can be used to cover pain and suffering.

Asbestos cases are often settled rather than going to trial, as it is cheaper and easier for defendant companies to settle the case this way. Settlements also help avoid negative publicity that may come with a trial verdict. It is essential to choose a mesothelioma lawyer who has prior experience in obtaining the maximum amount of damages for their clients.

Mesothelioma cases are extremely complex and lawyers must conduct extensive research into their clients' medical records and work history as well as asbestos exposure. They can assist clients in identifying possible kaufman asbestos attorney-producing companies that could be the cause for their condition. Lawyers can gather evidence and use it to construct an effective mesothelioma suit.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and discovery. Evidence typically comes in the form internal memos, corporate documents and testimony from former employees who have worked with asbestos-containing material. In many cases these documents, it is clear that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related illnesses but did not disclose this information to their employees or to the public.

A number of states have set a limit, referred to a statute of limitations for the length of time asbestos victims can sue. The time frames vary from state to state but typically range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, the victims lose their rights to receive compensation.

The amount victims will receive is contingent upon the asbestos-related illness they have been diagnosed with and how severe their condition is and other aspects. Attorneys look at treatment costs and other expenses when negotiating to ensure that patients have enough money to pay for their medical bills. Asbestos victims might also be able to claim through trust funds that have been established for those diagnosed with mesothelioma and other asbestos-related diseases.

Certain trusts have been closed, but others continue to pay out large payouts. For instance, in 2018 a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Asbestos sufferers who go to trial have a better chance of receiving compensation than those who accept an offer to settle. Trials can solve issues that aren't resolved through settlement negotiations. For example, there may be differences in the calculation of damages and whether a victim's condition is due to a specific exposure.

In a trial plaintiffs must demonstrate that they are entitled to damages, which include past and future medical expenses and loss of wages, property damage, pain and suffering, and loss of consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injury. The trial process is often long. In the last decade mesothelioma jury awards cases have risen significantly, and are far more than the amount of money awarded to settlement cases by judges.

An attorney for mesothelioma can help victims understand the trial process, and can explain their legal right in a courtroom that is open to the public. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases can be more complicated than car accident cases where it is often easy to identify the responsible parties. This is especially the case when an individual was exposed to more than one type of asbestos in multiple places. A mesothelioma lawyer with experience can interview witnesses, including coworkers, relatives and abatement workers, to create an inventory of companies, products, and places.

There is a growing concern the cost of resolving claims of asbestos victims from the past has a negative impact on funds which could be used to fund future cases. Some claimants also believe that settlements don't reflect the actual damage and that they deserve more compensation.

Defense attorneys can argue to dismiss huber heights asbestos claims with summary judgment, or a finding that there was not an exposure. However the motions must be based on an in-depth review of the evidence and an expert's opinion that the doses of asbestos the plaintiff took were insufficient to cause mesothelioma. While the process may take a while, a seasoned mesothelioma lawyer can assist to speed up the process and ensure that it does not become part of the lengthy backlog of cases in courts.