Asbestos Litigation
A significant amount of asbestos litigation has been dealt with in courts across the country. Studies have proven that asbestos exposure can cause lung damage as well as disease.
An attorney must be able identify asbestos in every case. This can be done through talking to colleagues, collecting reports, or looking at samples from homes or workplaces.
Liability
You may be entitled to compensation if you or someone you care about is diagnosed with a disease related to asbestos. Compensation can assist with the loss of wages medical costs, and other costs associated with mesothelioma, or any other asbestos-related disease. You can start a lawsuit to claim compensation or a settlement offer from the defendants in the case.
In asbestos cases, there will be multiple defendants due to the fact that there are numerous 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 provide services to asbestos-using mines or manufacturers or in the capacity of an employer could be held accountable for the injuries sustained by victims.
Asbestos suits typically fall under product liability laws which are based on the laws of the state and common law which permit damages to be recouped from the seller of a product when those products cause injury. In a product liability lawsuit where the injuries resulted from the design defect or manufacturing error and that the person injured was not adequately warned of the dangers of the products.
The defendants in asbestos cases typically claim that they did not act in a negligent way and that their products are safe, despite the fact that doctors have long recognized asbestos-containing items is linked to different diseases. In addition, companies who concealed the risks of asbestos to increase profits have been accused of engaging in a cover-up in attempting to block claims and trying to block workers from seeking compensation for their injuries.
A judge or jury can decide how to distribute responsibility between defendants if more than one defendant is identified as being responsible for an asbestos-related injury. This process is called the apportionment. The apportionment process does not alter the amount that the plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit filed against a firm that manufactured or sold asbestos-related products can aid victims in recovering compensation for the losses they suffered. This includes the cost of medical treatment and lost wages as a result of being unable their job. Victims can also be awarded compensation and punitive damages.
The lawsuit claims that the defendant acted with negligence in that it failed to use reasonable care to ensure that the product was safe for its intended use. It also is alleged that the defendant knew asbestos was dangerous and failed to warn consumers and workers of the danger.
An asbestos lawsuit could be filed by a victim or estate of a deceased person from an asbestos-related disease such as mesothelioma. A person can make a personal injury claim to claim compensation for non-economic and economic damages, including emotional distress, loss of enjoyment of life, and pain and suffering. Family members who have survived someone who died due to an asbestos-related disease can pursue a wrongful-death lawsuit.
Once an asbestos case has been filed, both sides share information in the process of discovery. This process can last several months and may require interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants.
It is crucial for plaintiffs to have an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm that a plaintiff or their family chooses have an understanding of the unique complexities of asbestos litigation and be recognized by insurers and defendants for its expertise in these cases.
Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are well-known for our skill in obtaining maximum compensation for our clients.
Contact us for a complimentary consultation If you have any concerns about filing a lawsuit against 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 nationwide. Contact us by email or phone now to get started.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation from companies that knowingly exposed them to dangerous substances. The money is intended to compensate the victim as well as his or her family for the financial losses resulting from asbestos exposure. Compensation can also cover the cost of suffering and pain.
Asbestos cases are typically settled instead of going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements can also prevent the negative publicity that comes when a jury verdict is handed down. It is crucial to choose an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.
Mesothelioma cases are extremely complex, and attorneys must do extensive research on the medical records of their clients, work history, and asbestos exposure. They can help clients identify asbestos-producing businesses that could be the cause of the disease. Lawyers can then gather evidence and use it to construct a solid mesothelioma lawsuit.
During pre-trial discovery and depositions mesothelioma lawyers are able to uncover evidence of asbestos companies negligence. Evidence usually comes from internal memos, corporate documents and testimony of former employees who have worked with asbestos-containing materials. These documents usually show that asbestos producers knew about mesothelioma's risks, and other asbestos-related diseases but did not inform their employees or the general public.
eau claire asbestos attorney have imposed a time limit, known as a statute of limitations, for how long asbestos-related victims 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 prior to the time a lawsuit for mesothelioma has been filed, the 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 and how severe their condition is, as well as other factors. Attorneys consider treatment costs and other expenses during negotiations to ensure that patients receive enough money to pay for their medical expenses. Asbestos victims might also be able to claim through trust funds that have been established for patients diagnosed with mesothelioma, asbestos-related diseases.
Some trusts are depleted, but some continue to pay substantial awards. For example, in 2018 an appeals court in the United States awarded $70 million to the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc.
Trials
Trials are the best option for asbestos victims than settlement offers. Trials can also help resolve issues that are not resolved through settlement negotiations, such as differences in how to calculate damages and whether the patient's condition was caused by specific exposures.
In a court of law, plaintiffs will be required to prove that they are entitled to damages including past and future medical costs loss of wages, damages to property as well as pain and discomfort and loss in consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injury. The trial can take a long time. In the last decade mesothelioma juries' awards have increased significantly and have substantially exceeded the amount granted by judges in settlement cases.
An attorney for mesothelioma can help victims understand the process of trial and explain their legal right in an open courtroom. A lawyer with experience can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it is typically easy to identify the responsible parties involved, asbestos cases are more complicated. This is especially true when a person was exposed to more than one type of asbestos at multiple locations. An experienced mesothelioma lawyer can interview witnesses, including coworkers, relatives and abatement workers, to create an inventory of employers, products, and places.
The cost of resolving asbestos claims eats up funds which could have been used to pay future cases. Additionally, some claimants think that settlements aren't just based on injuries that actually occurred and deserve more in compensation.
In asbestos cases, defendants can seek to dismiss claims through the process of summary judgment or by a finding of no exposure. However they must be able to provide an exhaustive review of the evidence and an expert's view that the doses measured of asbestos the plaintiff took were not enough to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and avoid the case from becoming a part of the backlog in the courts.