Asbestos Litigation
In courts all over the nation, asbestos litigation has been a significant issue. Asbestos exposure is proven to cause lung diseases and damage through research.
An attorney must be able recognize asbestos in every case. This can be accomplished by talking to co-workers, getting documents, or by analyzing samples taken from home or workplaces.
Liability
You may be entitled to compensation in the event that you or someone you care about is diagnosed with a disease related to asbestos. Compensation can help with lost wages, medical expenses and other expenses related to mesothelioma and other asbestos-related disease. You may choose to file 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 produce asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or as employers may also be accountable for the injuries sustained by victims.
Asbestos lawsuits often fall under the legal category of product liability law which is founded on state and common laws that allow damages to be recouped from sellers of products if those products cause injuries. In a product liability lawsuit it is claimed that the injuries were caused due to faulty design or mismanufacture and that the injured person was not adequately informed about the dangers associated with the products.
Defendants in asbestos cases often claim that they did not do anything recklessly and that their products were safe, even though doctors have long acknowledged that the use of asbestos-containing products is linked to different diseases. Furthermore, companies that concealed asbestos’s risks to boost profits have been accused of concealing the truth by trying to thwart claims and trying to stop workers from seeking compensation for their injuries.
If more than one defendant is found responsible for asbestos-related injuries suffered by a victim the judge or jury may determine how to divide the responsibility between the defendants in a process referred to as the apportionment. The apportionment process does not affect the total amount of money that the plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit against a business that produced or sold asbestos can assist victims to recover compensation. This includes the cost for medical treatment and lost wages because of being unable their job. Victims may also receive compensation and punitive damages.
The lawsuit alleges that the defendant acted negligently, which means that it failed to take reasonable steps to ensure that the product was safe for the intended use. It is also claimed that the defendant knew that asbestos was a risk and failed to warn consumers and workers of this risk.
A person who is a victim or the estates of people who have died from asbestos-related diseases like mesothelioma are able to file an asbestos lawsuit. A person can start a personal injury suit to claim compensation for economic and non-economic damages, including emotional anxiety and loss of enjoyment of life and suffering and pain. Additionally, the surviving family members of someone who passed away from an asbestos-related illness can file a wrongful death lawsuit.
Once an asbestos-related case is filed, the two sides exchange information in an process known as discovery. This may take a few months and could require lengthy interviews with coworkers or relatives, abatement employees and others to discover potential defendants as well as their asbestos-related products.
It is crucial for plaintiffs to have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that a victim or their family selects should have an understanding of the complexities unique to asbestos litigation and be acknowledged by insurers and defendants for its expertise in these cases.
Our lawyers are asbestos litigation experts with years of experience representing asbestos victims and their families. We are well-known for our expertise to obtain the maximum amount of compensation for our clients.
Contact us today for a no-obligation consultation should you have any questions about filing a lawsuit involving asbestos. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us via phone or email today to start your journey.
Settlements
When victims win their asbestos lawsuits, they get compensation from companies that knowingly exposed them to dangerous substances. The money is intended to provide the victim and his or her family members 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. This is because it’s easier and cheaper for the defendant companies to settle the case in this manner. Settlements also avoid negative publicity that could be associated with a verdict at trial. It is essential to choose mesothelioma attorneys who have experience in obtaining maximum damages on behalf of their clients.
Mesothelioma lawsuits are complicated and require lawyers to conduct extensive research into their client’s employment history as well as medical records and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause of their condition. Lawyers can gather evidence and use it to create a mesothelioma case that is strong and successful.
During pre-trial discovery and depositions mesothelioma lawyers are able to discover evidence of asbestos companies negligence. The evidence usually comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. These documents typically show that asbestos producers were aware of mesothelioma’s dangers, and other asbestos-related illnesses, but didn’t tell their workers or the general public.
There are many states that set time limits known as statutes of limitations on the time an asbestos victim can bring a lawsuit. These deadlines vary from state to state however, they are usually between one and two years. If the statute of limitations expires before a suit for mesothelioma is filed, victims will lose their right to compensation.
The amount of money victims are entitled to is determined by the severity of their illness, their diagnosis and other factors. Attorneys consider treatment costs and other expenses during negotiations to ensure that patients receive enough money to pay their medical expenses. Asbestos sufferers can also file claims using trust funds which were created to compensate people who have been diagnosed with mesothelioma and other asbestos-related diseases.
Some trusts are empty, while others still pay huge amounts of money. In 2018, for instance the federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets made by John Crane Inc.
Trials
Trials are the better option for asbestos victims than settlement offers. Trials can also help in resolving problems that cannot be resolved through settlement negotiations, including the various ways to calculate damages and whether the patient’s condition was caused by a specific exposure.
In a court trial, plaintiffs must show that they have the right to compensation, such as past and future medical expenses as well as lost wages, property damage, pain and suffering, and loss of consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injury. The trial process is often lengthy. In the last 10 years mesothelioma jury awards have increased dramatically and much exceeded the amount that is awarded by judges in settlement cases.
A mesothelioma attorney can help victims understand the steps to take during the trial procedure and will explain their rights under the law in a courtroom with an open door. A qualified lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents which is usually easy to identify the responsible individuals involved, asbestos litigation can be more complex. This is especially the case when someone was exposed more than one kind of asbestos and in multiple places. A mesothelioma lawyer with experience can interview witnesses such as co-workers or relatives, abatement workers and suppliers to compile an exhaustive list of companies products, locations and other information.
There is growing concern that the cost of settling claims from past asbestos victims is consuming funds that could be used to pay for future cases. Furthermore, some claimants think that settlements aren’t based on actual injuries and should be compensated more.
Defendants in asbestos cases can contest claims to dismiss them through summary judgment or a finding of no exposure. However the motions must be based on a thorough review of the evidence and a professional opinion that the doses of asbestos that plaintiffs received did not cause mesothelioma. A mesothelioma attorney can help speed up the process and stop the case from becoming a burden in the courts.