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Asbestos Litigation

In courts all over the nation asbestos litigation is a huge issue. Studies have proven that exposure to asbestos can cause lung damage as well as disease.

It is important for an attorney to understand how to identify asbestos-related materials in each case. This can be done through discussing with colleagues, obtaining documents, or analyzing samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related illness, you may be qualified for compensation. Compensation can help with lost wages and medical expenses as well as other expenses related to mesothelioma and other asbestos-related disease. You may choose to bring a lawsuit, or offer a settlement to the defendants.

In asbestos law cases, there are generally multiple defendants due to the fact that there are numerous mining companies that manufacture asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or as employers may also be accountable for injuries sustained by victims.

Asbestos lawsuits usually fall under the legal category of product liability law which is based on common and state laws that permit damages to be awarded against producers of products if those products cause injuries. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by mismanufacture or a defective design, and the person injured wasn't adequately warned of the dangers that could result from using the products.

In asbestos cases, defendants typically argue that they were not negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products have been linked to a wide range of ailments. Companies who concealed asbestos-related risks to boost profits were accused of a cover-up, as they tried to suppress claims and prevent workers from seeking financial compensation for injuries they sustained.

If more than one defendant is found liable for a victim's asbestos-related injuries, a judge or jury can decide how to divide the responsibility among them in a process called allocation. The apportionment process does not alter the amount that a plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a business which manufactured or sold asbestos can assist victims to recover compensation. This includes the cost of medical treatment and lost wages because of being unable to perform their job. Victims could also be awarded compensatory and punitive damages.

The lawsuit claims that the defendant acted negligently which means that it did not take reasonable precautions to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew that asbestos was a risk and failed to in educating consumers and workers about this risk.

An asbestos lawsuit can be filed by a person who has suffered the loss or the estate of a person who passed away from an asbestos legal-related condition such as mesothelioma. A person can make a claim for personal injury to claim compensation for damages arising from economic or other causes like emotional distress, pain and suffering, and loss of enjoyment the life of. In addition, the survivors of a family of someone who died from an asbestos-related disease can file a wrongful death lawsuit.

After an asbestos case lawsuit (try this out) is filed the parties communicate information through a process known as discovery. This process may take several months and may require interviews with coworkers, family members, abatement workers and others to determine potential defendants.

It is important that plaintiffs have an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm that a plaintiff or their loved ones chooses must have an understanding of the unique complexities involved in 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 well-known for our expertise in obtaining the highest compensation for our clients.

Contact us for a complimentary consultation for any questions about bringing a lawsuit against asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients nationwide. Call or email us today to begin.

Settlements

If asbestos victims prevail in their cases, they receive compensation from the companies that exposed them substances. The money is intended to assist the family of the victim with the financial burdens resulting from the asbestos exposure. Compensation can also be used to cover pain and suffering.

Asbestos cases often settle instead of going to trial, because it is more cost-effective and easier for defendants to settle the matter this way. Settlements can also help avoid the negative publicity that is associated with a verdict in a trial. It is important to hire mesothelioma attorneys who have experience in obtaining maximum damages on behalf of their clients.

Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research on the medical records of their clients, work history, and asbestos exposure. They can assist clients in identifying asbestos-producing companies who may be responsible for Asbestos Lawsuit the condition. Lawyers can gather evidence and use it to create a mesothelioma case that is strong and successful.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. Evidence usually is found in internal memos, corporate documents, and testimony of former employees who worked with asbestos law-containing material. These documents often reveal that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related diseases but did not inform their workers or the general public.

Many states have set a time limit, referred to a statute of limitations, on how long asbestos-related victims can sue. The durations vary by state, but typically vary between one and two years. If the statute of limitations expires before a suit for mesothelioma is filed victims will lose their right to receive compensation.

The amount of money that victims receive will depend on the asbestos-related illness they have been diagnosed with as well as how serious their condition is, as well as other factors. Attorneys take into account treatment costs and other expenses during negotiations to ensure that patients receive enough money to cover their medical bills. Asbestos victims may also file claims using trust funds that were established to compensate people who have been diagnosed with mesothelioma, or other asbestos-related diseases.

Some of these trusts have been closed, but others continue to pay substantial awards. In 2018 an appeals court in the U.S. granted $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets produced by John Crane Inc.

Trials

Asbestos victims who go to trial have a much better 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, differences in the calculation of damages and the possibility that a patient's condition was caused by a particular exposure.

In a court trial the plaintiffs must prove that they are entitled to damages, such as future and past medical expenses such as loss of 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 is often long. In the past decade mesothelioma juries' awards have increased dramatically and significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer can help victims understand how to proceed in the trial procedure and will explain their rights under the law in a public courtroom. An experienced attorney can assist in identifying potential defendants. Unlike car accident litigation which is usually easy to determine the responsible parties, asbestos cases can be more complicated. This is especially true if someone was exposed more than one type of asbestos at multiple locations. An experienced mesothelioma attorney is able to speak with witnesses like co-workers or relatives, abatement workers and suppliers to create an extensive database of the companies, products and locations.

There is a growing concern the cost of settling claims from past asbestos victims is draining funds that could be used to fund future cases. Some claimants believe that settlements do not accurately reflect their actual injuries and therefore they are entitled to a higher amount of compensation.

Plaintiffs in asbestos cases can argue for dismissal of claims through summary judgment or a determination of no exposure. However these motions require a thorough review of the evidence and a professional opinion that the measured doses of asbestos the plaintiff received were not enough to cause mesothelioma. While the process may take a while, a seasoned mesothelioma lawyer could help to speed up the process and ensure that it doesn't become part of the aforementioned long backlog of cases in courts.