Asbestos Litigation
In courts all over the country asbestos litigation has been a significant issue. Research has proved that asbestos exposure can cause lung damage and disease.
It is crucial that attorneys know how to identify asbestos-related materials in each case. This can be done through conversations with coworkers, obtaining records, and analysing samples taken from homes or work sites.
Liability
You may be entitled to compensation when you or someone you love is diagnosed with a condition related to asbestos. Compensation can cover lost wages medical expenses, as well as other costs associated with mesothelioma, or any other asbestos-related illness. You can choose to file a lawsuit or offer an offer of settlement to the defendants.
In asbestos cases, there are usually multiple defendants as there are a variety of mining companies that manufacture asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines or manufacturers who used asbestos, or who were employers could be held liable for injuries to victims.
Asbestos suits typically fall under the law of product liability, which are based on the common law and state laws that allow for damages to be recouped from the sellers of products if they cause injury. In particular, in a liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or defective design and that the injured party was not adequately warned of the risks that came with using the products.
In asbestos cases, defendants typically claim that they weren't 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. Furthermore, companies that concealed asbestos's risks to increase profits have been accused of engaging in a cover-up by trying to thwart claims and by trying to stop workers from seeking financial compensation for their injuries.
If more than one defendant is found to be liable for a victim's asbestos-related injuries, a jury or judge could decide on how to divide the burden of responsibility among them in a process called allocation. The apportionment process does not alter the amount of compensation that the plaintiff is entitled to from the defendants.
Damages
A lawsuit filed against a company that manufactured or sold asbestos products can aid victims in recovering compensation for the losses they suffered. This includes the expense of medical treatment for their disease as well as the loss of wages because of being unable to work. Victims could also be awarded punitive and compensatory damages.
The lawsuit claims that the defendant acted negligently, which means that it didn't take reasonable steps to ensure the product was safe for its intended use. The lawsuit further alleges that the defendant knew asbestos could be dangerous and failed inform consumers and workers about the risk.
A person who has been a victim or the estates of people who have died from asbestos-related illnesses like mesothelioma may bring an asbestos lawsuit. A person may make a claim for personal injury to claim compensation for other and economic damages including emotional distress, pain and suffering, and loss of enjoyment the life of. In addition, the survivor family members of someone who passed away from an asbestos-related illness can make a claim for wrongful death.
Once an asbestos-related case has been filed, the two parties exchange information via the process known as discovery. This process can last for a long time and could require extensive interviews with colleagues family members, abatement workers, relatives, and others to identify potential defendants and their asbestos-related products.
It is important for plaintiffs to choose an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that a plaintiff or their family chooses to work with should be aware of the unique complexities involved in asbestos litigation and be recognized by insurance companies and defendants for its expertise in asbestos cases.
Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are recognized for our ability to get maximum compensation for our clients.
If you have any questions regarding filing an asbestos lawsuit, contact us for a no-cost consultation. We are committed 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 country. Contact us by email or phone now to get started.
Settlements
When asbestos victims win their cases, they receive compensation for the companies that exposed them to dangerous substances. The money is intended to compensate the victim as well as his or her family for financial losses caused by asbestos exposure. Compensation may also cover the pain and suffering.
Asbestos cases are often settled rather than going to trial because it is more cost-effective and easier for the defendant company to settle the case this way. Settlements also help avoid negative publicity that may come from a trial verdict. It is crucial to find mesothelioma lawyers who have years of experience in obtaining maximum damages on behalf of their clients.
Mesothelioma lawsuits can be complex and require lawyers to conduct thorough research on their client's past work history, medical records, and asbestos exposure. They can help clients identify asbestos-producing companies that could be the cause of the disease. Lawyers can gather evidence and use it to create a mesothelioma case that is strong and successful.
Mesothelioma lawyers may uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence typically comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many instances the documents prove that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't disclose this information to their workers or the general public.
A number of states have time limits, called statutes of limitations which determine how long asbestos victims have to bring a lawsuit. The durations vary by state, but they typically range between one and two years. If the statute of limitations expires before a suit for mesothelioma is filed the victims will lose their right to receive compensation.
The amount of compensation that victims are entitled to is determined by the severity of their condition and their diagnosis as well as other factors. Attorneys take into account the cost of treatment and other expenses when trying to make sure that patients have enough money to pay their medical bills. Asbestos victims may also file claims with trust funds, which were created to pay compensation to those who have been diagnosed with mesothelioma and other asbestos-related illnesses.
roseville asbestos attorney of these trusts have been depleted but others continue to pay out large payouts. In 2018 an appeals court in the U.S. gave $70 million to the relatives of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets manufactured by John Crane Inc.
Trials
Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept a settlement offer. Trials can resolve issues that aren't possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages, and the extent to which a person's condition is caused by a particular exposure.
In a trial the plaintiffs must prove that they are entitled to damages, which include past and future medical expenses, lost wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial process can be long. In the past decade mesothelioma-related jury awards cases have risen dramatically and far exceeded the amount given to settlement cases by judges.
A mesothelioma lawyer can assist patients understand how to proceed in the trial process and explain their legal rights in a public courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. In contrast to car accident litigation, where it is often easy to identify the responsible parties involved, asbestos cases are more complicated. This is especially the case when the victim was exposed to more than one type of asbestos and in multiple locations. A mesothelioma lawyer with experience can interview witnesses like coworkers or relatives, abatement workers and suppliers to create an extensive database of the companies products, locations and other information.
There is a growing concern that the cost of settling claims from past asbestos victims has a negative impact on funds that could be used to pay for future cases. Some claimants believe that settlements don't reflect actual injuries and they deserve more compensation.
Defense attorneys can argue to dismiss asbestos claims using the process of summary judgment, or by finding that there was not an exposure. However they must be able to provide an exhaustive review of the evidence and an expert's opinion that the measured doses of asbestos that the plaintiff was exposed to did not cause mesothelioma. A mesothelioma lawyer can help speed up the process and stop the case from becoming part of the backlog in the courts.