Asbestos Litigation
In the courts across the country asbestos litigation is a huge issue. Research has proven that exposure to asbestos can cause lung damage and illness.
An attorney should be able to identify asbestos in each case. This can be done by talking to colleagues, collecting documents, or by analyzing samples taken from homes or workplaces.
Liability
You may be entitled to compensation if you or someone you love is diagnosed with a condition related to asbestos. Compensation may help pay for lost wages and medical expenses as well as other costs that are associated with mesothelioma or an asbestos-related disease. You can bring a lawsuit in order to obtain compensation or make a settlement offer from the defendants in the case.
In asbestos cases, there are typically multiple defendants as there are a variety of mining companies that produce asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who offered services to mines or manufacturers who used asbestos, or who acted as employers could be held responsible for the victims' injuries.
Asbestos suits often fall under product liability laws that are based on the common law and state laws which allow damages to be recovered from the seller of a product when they cause injury. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or a defective design, and the injured party wasn't adequately warned of the dangers associated with using the products.
Defendants in asbestos cases often argue that they did not act in a negligent manner and that their products are safe, despite the fact that doctors have long recognized the use of asbestos-containing products can cause various diseases. Companies who concealed asbestos-related risks to increase profits were accused of cover-up. They tried to deny claims and block workers from seeking financial compensation for injuries they sustained.
A jury or judge may decide on how to split responsibility between defendants if more than one defendant is blamed for an asbestos-related injury. This process is referred to as allocation. The apportionment does not alter the amount of compensation that plaintiffs can receive from the defendants.
Damages
A lawsuit brought against a business that produced or sold asbestos-related products could help victims obtain compensation for their losses. This includes the cost of medical treatments for their disease as well as the loss of earnings due to the inability to work. Victims could also be awarded compensatory and punitive damages.
The lawsuit alleges that the defendant acted with negligence, meaning it did not take reasonable care to ensure that the product was safe for the intended use. The lawsuit further alleges that the defendant knew that asbestos could be hazardous and failed to warn workers and consumers about the risk.
An asbestos lawsuit can be filed by a victim, or the estate of a deceased person from an asbestos-related condition like mesothelioma. A person may start a lawsuit claiming personal injury in order to obtain compensation for damages arising from economic or other causes, such as emotional distress and pain and suffering and loss of enjoyment of the life of. In addition, the surviving family members of a deceased person from an asbestos-related disease may bring a wrongful death lawsuit.
After an asbestos case has been filed, the parties exchange information via the process of discovery. This process can last several months and may require interviews with coworkers, family members, abatement workers and others to identify potential defendants.
It is crucial for plaintiffs to have an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm that a plaintiff or their family selects should be aware of the unique complexities of asbestos litigation and be acknowledged by insurance companies 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 obtain the maximum amount of compensation for our clients.
Contact us today for a no-obligation consultation should 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 in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us now to get started.
Settlements
When asbestos victims win their lawsuits, they receive compensation from the companies that exposed them substances. The money is intended to compensate the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation can be used to cover the cost of suffering and pain.
Asbestos cases often settle rather than going to trial, because it is less expensive and easier for defendant companies to resolve the case this way. Settlements can also prevent the negative publicity that is associated with a verdict at trial. It is essential to choose an attorney for mesothelioma who has experience in obtaining maximum damages on behalf of their clients.
Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive research into their client's work history, medical records, and asbestos exposure. They can help clients identify asbestos-producing companies who may be the cause of the disease. Lawyers can then collect evidence and use it to construct an effective mesothelioma suit.
Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and discovery. The evidence typically comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. In many cases these documents, it is clear that asbestos manufacturers knew about the dangers of mesothelioma as well as other asbestos-related ailments, however, they did not communicate this information to their workers or to the public.
Many states have set a time limitation, also known as a statute of limitations for the length of time asbestos victims can file a lawsuit. The length of time varies between states, however, they are usually between one and two years. If the statute of limitations runs out before a mesothelioma case is filed, victims lose their rights to a fair settlement.
lake forest asbestos lawyer of money victims receive is contingent upon the severity of their condition and their diagnosis as well as other factors. Attorneys take into account treatment costs and other costs when negotiations to ensure that patients have enough money for their medical bills. Asbestos victims may also be able to claim through trust funds established for patients diagnosed with mesothelioma or other asbestos-related illnesses.
Some of these trusts have been closed, but others continue to award substantial awards. For instance, in the year 2018 a federal jury awarded $70 million to the family of an U.S. Navy machinist who developed mesothelioma after working with gaskets produced by John Crane Inc.
Trials
Asbestos victims who attend trial have a much better chance of receiving compensation than those who accept an offer to settle. Trials can resolve 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 caused by an exposure.
In a court of law, plaintiffs will have to prove that they are entitled damages, including future and past medical expenses and lost wages, damages to property or property, pain and discomfort and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial process is typically long. In the last 10 years mesothelioma jury awards have increased significantly and have substantially exceeded the amount granted by judges in settlement cases.
A mesothelioma lawyer will help patients understand how to proceed in the trial process and explain their rights under the law in a courtroom with an open door. A lawyer with experience can also assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to identify the responsible individuals involved, asbestos litigation can be more complex. This is particularly true when a person was exposed to more than one kind of asbestos and in multiple locations. A mesothelioma lawyer with experience can interview witnesses, including coworkers, relatives and abatement workers, to create an inventory of employers, products, and the locations.
There is a growing concern that the cost of resolving claims of asbestos victims who have been in the past can drain funds that could be used to fund future cases. Many claimants also believe that settlements do not reflect the actual damage and that they deserve more compensation.
Defense attorneys can argue to dismiss asbestos claims with summary judgment, or a finding that there was no exposure. These motions, however, require an extensive examination of evidence as well as an expert opinion that the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma lawyer can speed up the process and prevent the case from becoming a backlog in the courts.