Asbestos Litigation

A significant amount of asbestos litigation has been handled by courts across the nation. Asbestos exposure is proven to cause lung damage and lung disease through research.

An attorney should be able identify asbestos in every case. This can be done by talking to colleagues, collecting documents, or by analyzing samples from homes or workplaces.

Liability

You could be eligible for compensation if you or someone you love is diagnosed with a disease related to asbestos. Compensation can cover the loss of wages, medical expenses and other costs associated with mesothelioma. You can choose to start a lawsuit or offer a settlement to the defendants.

There are typically several defendants in an asbestos case because there are many mining companies that produce asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of tomah asbestos attorney-contaminated properties. Businesses that provided services to asbestos-using mines, soddy daisy asbestos lawyer manufacturers or acted in an employer capacity could also be held responsible for the injuries sustained by victims.

Asbestos lawsuits typically fall into the legal category of product liability law which is based on state and common laws that allow damages to be recouped from the sellers of products when those products cause injury to. In a suit for product liability it is claimed that the injuries occurred due to the design defect or manufacturing error and that the person injured was not adequately warned of the dangers associated with the products.

In asbestos cases, defendants frequently 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 range of illnesses. In addition, companies who concealed asbestos's risks to boost profits have been accused of concealing the truth by trying to thwart claims and attempting to prevent workers from seeking compensation for their injuries.

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

Damages

A lawsuit brought against a company who manufactured or sold asbestos products can help victims recover compensation for their losses. This includes the expense of medical treatment for their illness and the loss of wages due to being unable to work. Victims could also be awarded compensatory and punitive damages.

The lawsuit claims that the defendant was negligent, meaning that it did not take reasonable steps to ensure the product was safe for the intended use. It is also claimed that the defendant knew that asbestos was dangerous and failed to inform consumers and workers of the danger.

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

Once an asbestos case has been initiated, the parties share information through the process known as discovery. This can last several months and may involve extensive interviews with colleagues, relatives, abatement workers and others to determine potential defendants and their asbestos-related products.

It is important for plaintiffs to have an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm a victim or their family selects should be aware of the unique complexities of asbestos litigation and should be recognized by insurers and defendants for its experience in these cases.

Our lawyers are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are known for our ability to get the highest amount of compensation for our clients.

Contact us for a complimentary consultation for 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 across the nation. Contact us today to begin.

Settlements

If asbestos victims win their cases, they receive compensation for the companies which exposed them to harmful substances. The money is intended to provide the victim and their family members for the financial losses resulting from asbestos exposure. Compensation can also be used to cover the pain and suffering.

Asbestos cases often settle rather than go to trial, as it is cheaper and easier for the defendant company to settle the case this way. Settlements also help avoid negative publicity that may come with a verdict at trial. It is essential to choose an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are complex and require attorneys to conduct extensive research into their client's past work history as well as medical records, and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their illness. Lawyers can gather evidence and use it to create a solid mesothelioma lawsuit.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. The evidence usually is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. In many instances these documents, it is clear that Soddy Daisy asbestos lawyer manufacturers knew about mesothelioma's risks and other asbestos-related diseases but didn't disclose this information to their workers or the general public.

A number of states have set a time limit, also known as a statute of limitations for how long asbestos victims are allowed to bring a lawsuit. These time periods vary between states, but typically range between one and two years. If the statute of limitations expires before a mesothelioma case is filed, victims lose their right to be compensated.

The amount patients can receive is contingent on the diagnosis of their asbestos-related disease the severity of their condition is, as well as other aspects. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure patients have enough money to pay for their medical bills. Asbestos-related victims can also file claims with trust funds which were created in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related ailments.

Certain trusts have been closed, but others continue to award substantial payouts. In 2018 the United States court awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma after 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 problems that cannot be resolved through settlement negotiations, including the different methods of calculating damages and whether the victim's condition was caused by a specific exposure.

In a trial plaintiffs must demonstrate that they have the right to damages, which include future and past medical expenses, loss of earnings, property damage, pain and suffering, and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial can take a long time. In the past decade mesothelioma jury awards have risen dramatically and have substantially exceeded the amount granted by judges in settlement cases.

A mesothelioma lawyer can assist victims understand what to do in the trial procedure and will explain their rights under the law in an open courtroom. An experienced attorney can help to identify potential defendants. Contrary to litigation involving car accidents which is usually easy to identify the responsible parties, asbestos cases are more complicated. This is especially true when an individual was exposed to more than one kind of asbestos and in multiple places. An experienced mesothelioma attorney is able to interview witnesses like coworkers, relatives, abatement workers and suppliers to create an exhaustive list of companies, products and locations.

The cost of resolving asbestos claims eats up funds which could be used to pay for future cases. In addition, some claimants believe that settlements aren't founded on actual injuries and therefore deserve more compensation.

Defendants in asbestos cases can seek to dismiss claims through the process of summary judgment or by a finding of no exposure. These motions need an in-depth examination of the evidence and an expert's opinion on whether the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. While the process can take time, a skilled mesothelioma lawyer can assist to accelerate the process and ensure that it does not become part of the aforementioned long backlog of cases in courts.