Asbestos Litigation
A large amount of asbestos litigation has been handled in courts across the country. Studies have proven that exposure to asbestos can cause lung damage and cause disease.
It is essential for an attorney to know how to identify asbestos-related materials in each case. This can be done through conversations with coworkers in the office, collecting records, and analyzing samples from homes or workplaces.
Liability
You may be entitled to compensation when you or someone you love is diagnosed with a disease that is related to asbestos. Compensation can pay for medical expenses, lost wages and other expenses related to mesothelioma. You can choose to make a claim or offer an agreement to the defendants.
There are usually several defendants in an asbestos case due to the numerous mining companies that made asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or in a position of employer may also be accountable for injuries sustained by victims.
Asbestos suits are typically governed by laws governing product liability which are based on the common law and state laws that allow for damages to be recovered from sellers of products when they cause injury. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused due to a flawed or a defective design, and the person injured wasn't adequately warned of the risks that came with using the products.
The defendants in asbestos cases typically claim that they didn't act recklessly and that their products are safe, despite the fact that doctors have long acknowledged that the use of asbestos-containing products is linked to different diseases. In addition, companies who concealed the risks of asbestos to increase profits have been accused of concealing the truth by attempting to suppress claims and attempting to prevent workers from seeking financial compensation for injuries they sustained.
A jury or judge may 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 is known as allocation. The apportionment does not affect the total amount of money that the plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit brought against a business that produced or sold asbestos-related products could help victims receive compensation for their losses. This includes the cost of medical treatments for their condition and the loss of earnings due to the inability to work. Victims may also be eligible for compensatory and punitive damages.
The lawsuit alleges the defendant acted negligently. This means that it didn't take reasonable steps to ensure the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was a danger and did not warn workers and consumers of this risk.
A person who has been a victim or the estates of those who have passed away from asbestos-related diseases like mesothelioma can bring an asbestos lawsuit. An individual can bring a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional distress, loss of enjoyment of life and suffering and pain. Family members who have survived someone who has died from an asbestos-related condition can bring a wrongful death lawsuit.
After an asbestos case has been filed, the two parties share information through the process known as discovery. This process can take some time and may require interviews with coworkers, family members, abatement workers, and others to determine potential defendants.
Due to the complicated nature of asbestos litigation it is important that plaintiffs get an experienced lawyer handling their case. The law firm that a victim or their family chooses be aware of the complexities unique to asbestos litigation and be recognized by insurance companies and defendants for its experience in these cases.
Our lawyers are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are well-known for our expertise to obtain the maximum amount of compensation for our clients.
If you have questions about filing an asbestos lawsuit, please contact us for a no-cost consultation. We are dedicated 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 country. Contact us via email or phone today to get started.
Settlements
If asbestos victims prevail in their lawsuits, they get compensation from companies that knew about and exposed them to hazardous substances. The money is intended to assist the family of the victim financially for the financial loss resulting from the asbestos exposure. Compensation may cover the cost of suffering and pain.
Asbestos cases often settle rather than going to trial, because it is cheaper and easier for defendant companies to resolve the matter in this manner. Settlements also help avoid negative publicity that could be associated when a verdict is handed down. It is crucial to choose an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.
Mesothelioma cases are extremely complex and lawyers must do extensive research on their clients' medical records, work history and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the illness. The lawyers can then collect evidence to use in a mesothelioma lawsuit that is strong.
In the course of pre-trial discovery and depositions mesothelioma lawyers are able to discover evidence of asbestos companies' negligence. The evidence typically comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many cases these documents, it is clear that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases, but did not disclose the information to their employees or the general public.
There are many states that set time limits also known as statutes or limitations, on how long an asbestos victim can file a lawsuit. These deadlines vary from state to state, but generally range between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, the victims lose their rights to a fair settlement.
The amount of compensation victims can receive is based on the severity of their condition the diagnosis, as well as other factors. Attorneys take into account the cost of treatment and other costs when negotiating to ensure that patients receive enough funds for their medical bills. Asbestos victims can also file claims using trust funds which were created in order to compensate those who've been diagnosed with mesothelioma or other asbestos-related diseases.
Certain trusts are exhausted, but some continue to pay substantial awards. In 2018 an appeals court in the U.S. awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma after gaskets manufactured 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 resolved through settlement negotiations. For example, there could be differences in the calculation of damages, and whether a victim's condition is due to a specific exposure.
In a court trial the plaintiffs must prove that they have the right to damages, such as future and past medical expenses such as loss of earnings, property damage, pain and suffering, and loss of consortium. In fontana asbestos lawyer , the defendant must prove that it is liable for the asbestos-related injury. The trial can be long. In the past decade mesothelioma-related jury awards cases have increased significantly and have far outstripped the amount that is awarded to settlement cases by judges.
A mesothelioma lawyer can assist patients understand how to proceed in the court process and can explain their legal rights in a public courtroom. An experienced attorney can help to identify potential defendants. In contrast to car accident litigation where it is typically easy to identify the parties involved, asbestos cases can be more complex. This is especially the case when someone was exposed more than one type of asbestos in various locations. A seasoned mesothelioma attorney will interview witnesses like coworkers, relatives, abatement workers and suppliers to create an extensive database of employers products, locations and other information.
There is growing concern that the expense of settling claims of asbestos victims from the past can drain funds that could be used to pay for future cases. Some claimants also believe that settlements are not based on actual injuries and therefore deserve more compensation.
Defendants in asbestos cases can seek to dismiss claims by summary judgment or a determination of no exposure. These motions require an exhaustive examination of the evidence and an expert's opinion on whether the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma attorney can help accelerate the process and prevent the case from becoming a backlog in the courts.