Asbestos Litigation
In courts all over the country asbestos litigation has been a major issue. Asbestos exposure has been proven to cause lung damage and lung disease by research.
It is important for attorneys to know how to recognize asbestos-related products in every case. This can be done by speaking to colleagues, obtaining documents, or by analyzing samples from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related disease, you may be qualified for compensation. Compensation can cover lost wages medical expenses, as well as other costs related to mesothelioma and other asbestos-related illness. You may choose to bring a lawsuit, or offer a settlement to the defendants.
In asbestos cases, there are usually 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. Furthermore, companies who supplied services to mines or Asbestos Claim manufacturers that made use of asbestos or who were employers could be held accountable for injuries to victims.
Asbestos lawsuits often fall under the legal category of product liability law, which is based on common and state laws that permit damages to be sought against the sellers of products when those products cause injuries. In a product liability lawsuit it is claimed that injuries occurred due to the design defect or manufacturing error and that the person injured was not adequately informed about the risks associated with the products.
In asbestos cases, defendants frequently assert 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 that concealed asbestos-related risks to boost profits were accused of cover-up as they sought to thwart claims and stop workers from seeking financial compensation for injuries they sustained.
A judge or jury can decide how to distribute the burden of responsibility between defendants if more than one defendant has been identified as being responsible for an asbestos-related injury. This process is referred to as allocation. The apportionment process does not alter the amount that the plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit filed against a company who manufactured or sold asbestos-related products could aid victims in recovering compensation for the losses they suffered. This includes the cost of medical treatments for their disease as well as the loss of wages due to being unable to work. Victims may also receive compensatory and punitive damages.
The lawsuit claims that the defendant acted negligently. This means that it failed to take reasonable steps to ensure the product was safe for the intended use. The lawsuit also claims that the defendant knew that Asbestos Claim could be dangerous, but failed to inform consumers and workers about this risk.
An asbestos-related lawsuit can be filed by a victim or estate of a person who has died from an asbestos-related illness such as mesothelioma. A person can start a lawsuit claiming personal injury to seek compensation for damages arising from economic or other causes that include emotional distress, pain and suffering, and loss of enjoyment the life. Family members of someone who died due to an asbestos-related illness can also bring a wrongful death lawsuit.
Once an asbestos-related case is filed, the two parties exchange information through the process of discovery. This process may take several months and may require interviews with coworkers, family members, abatement workers and others to identify potential defendants.
It is important for plaintiffs to choose an experienced lawyer handling their case because of the complexity of asbestos claim litigation. The law firm that a victim or their family chooses be aware of the particular complexities involved in asbestos litigation and should be recognized by insurers and defendants for its experience in these cases.
Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to get the maximum amount of compensation for our clients.
Contact us for a complimentary 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 Salt Lake City, Utah and Houston, Texas. We represent clients all over the nation. Contact us via phone or email now to get started.
Settlements
When asbestos victims win their lawsuits, they get compensation from the companies who knowingly exposed them to dangerous substances. The money is intended to help the victim and their family with financial losses resulting from the asbestos exposure. Compensation can also cover pain and suffering.
Asbestos cases are often settled instead of going to trial because it is cheaper and easier for defendant companies to settle the matter this way. Settlements can also help avoid the negative publicity that can come with a verdict in a trial. It is important to hire mesothelioma lawyers who have experience in obtaining maximum damages for their clients.
Mesothelioma lawsuits can be complex and require attorneys 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 who may be responsible for the illness. Lawyers can then collect evidence and use it to build a solid mesothelioma lawsuit.
During depositions and discovery prior to trial mesothelioma lawyers are able to uncover evidence of asbestos companies negligence. Evidence typically comes in the form internal memos, corporate documents, and testimony of former employees who have worked with asbestos-containing material. These documents typically show that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related diseases but did not inform their employees or the general public.
A number of states have imposed a time limit, also known as a statute of limitations, for the length of time asbestos victims can file a lawsuit. The durations vary by state, but usually range between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed, the victims will lose their right to compensation.
The amount victims receive will depend on their asbestos-disease diagnosis and how severe their condition is and other factors. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients receive enough funds to cover medical expenses. Asbestos sufferers may also be able to claim through trust funds set up for those who have been diagnosed with mesothelioma as well as other asbestos-related diseases.
Some trusts are closed, while others continue to pay out large amounts of money. In 2018, for instance, a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets produced by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can also help resolve issues that aren’t resolved through settlement negotiations, for instance differences in how to calculate damages and whether the patient’s condition was caused by exposures specific to the victim.
In a court of law, plaintiffs will need to prove they have a right to damages, including future and past medical expenses and lost wages, damages to property as well as discomfort and pain and loss in consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injuries. The trial process is often long. In the past decade, jury awards for mesothelioma have risen significantly and have significantly exceeded the amount given by judges in settlement cases.
An attorney for mesothelioma can help victims understand the process of trial and explain their legal right in a courtroom that is open to the public. A licensed lawyer can assist in identifying potential defendants. In contrast to car accident litigation where it’s usually easy to identify the responsible parties involved, asbestos cases can be more complex. This is especially the case when someone was exposed more than one kind of asbestos at multiple locations. A knowledgeable mesothelioma lawyer will interview witnesses, including relatives, coworkers, or asbestos workers, to build an inventory of products, employers, and locations.
There is growing concern that the expense of settling claims of asbestos victims from the past is consuming funds that could be used to pay for future cases. Some claimants also believe that settlements do not reflect the actual damage and that they should be compensated more.
Defendants can fight to dismiss asbestos claims using summary judgment, or a finding that there was not an exposure. These motions are, however, subject to an extensive examination of evidence as well as an expert’s opinion that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. While the process could take a while, a seasoned mesothelioma attorney can help accelerate the case and make sure that it doesn’t become part of the lengthy backlog of cases in courts.