Asbestos Litigation

A substantial amount of asbestos settlement-related litigation has been dealt with in courts across the nation. Asbestos exposure has been proven to cause lung diseases and damage through research.

An attorney must be able identify asbestos in each case. This can be done through talking to colleagues, collecting records, or analyzing samples taken from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease you could be qualified for compensation. Compensation can be used to pay for the loss of wages, medical expenses and other costs associated with mesothelioma. You can start a lawsuit to claim compensation or an offer of settlement from the defendants in the case.

There are typically several defendants in a case involving asbestos because there are many mining companies who produced asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that provided services to mines, or manufacturers that used asbestos or who acted as employers could be held accountable for the victims' injuries.

Asbestos lawsuits usually fall under the legal category of law governing product liability, which is built on state and common laws that permit damages to be sought against sellers of products if those products cause injuries. In particular, in a liability lawsuit, it is alleged that the injuries were caused due to a flawed or a design defect and that the person injured was not adequately warned about the risks associated with using the products.

In asbestos cases, defendants frequently assert 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 can lead to a myriad of illnesses. Companies that concealed asbestos dangers to increase profits were accused of a cover-up as they sought to suppress claims and prevent workers from seeking financial compensation for their injuries.

If more than one defendant is found liable for asbestos-related injuries suffered by a victim, a judge or jury may determine how to divide the blame between them in a process called allocation. The apportionment does not affect the total amount of money a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit against a business that made or sold asbestos could help victims recover compensation. This includes the cost of medical treatment for their illness and lost wages because of being unable to work. Victims could also be awarded compensation and punitive damages.

The lawsuit asserts that the defendant acted negligently, meaning that it failed to take reasonable steps to ensure that the product was safe for the intended use. It also is alleged that the defendant knew asbestos was dangerous and failed to warn workers and consumers of the danger.

A person who is a victim or the estates of people who have died from asbestos-related diseases like mesothelioma can make an asbestos lawsuit. A person may start a lawsuit claiming personal injury to claim compensation for economic and other damages that include emotional distress, pain and suffering, and loss of enjoyment the life. Family members of those who have died due to an asbestos-related illness may also file a wrongful deaths lawsuit.

When an asbestos-related case is filed the parties share information in the process of discovery. This process may take some time and may require interviews with coworkers, family members, abatement workers, and others in order to identify potential defendants.

It is essential 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 be aware of the unique complexities involved in asbestos litigation and be recognized by insurers and defendants for its expertise in these cases.

Our lawyers are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are known 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 dedicated to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, asbestos Claim Texas. We represent clients across the country. Contact us now to begin.

Settlements

When asbestos victims win their lawsuits, they receive compensation for the companies that exposed them substances. The money is meant to compensate the victim and his or her family for financial losses caused by asbestos exposure. Compensation can cover pain and suffering.

Asbestos cases often settle rather than going to trial because it is less expensive and easier for the defendant company to settle the case in this way. Settlements also avoid negative publicity that can come from a trial verdict. It is important to hire an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.

Mesothelioma cases are extremely complex, and attorneys must conduct extensive research into their clients' medical records and work history as well as asbestos Claim exposure. They can help clients identify companies that could produce asbestos that could be the cause of their condition. Lawyers are able to gather evidence and use it to build an effective mesothelioma suit.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents often reveal that asbestos manufacturers knew about mesothelioma's risks, and other asbestos-related illnesses, but didn't tell their workers or the general public.

A number of states have set a time limit, also known as a statute of limitations, on how long asbestos victims are allowed to make a claim. The length of time varies by state, but usually vary from one to two years. If the statute of limitations expires before a lawsuit for mesothelioma is filed the victim will lose their right to compensation.

The amount of compensation victims will receive is based on the severity of their condition as well as their diagnosis and other factors. Attorneys look at treatment costs and other expenses during negotiations to ensure that patients receive enough money to pay for their medical expenses. Asbestos victims may also file claims with trust funds which were created to pay compensation to those who have been diagnosed with mesothelioma, or other asbestos-related diseases.

Certain trusts have been wiped out, but others continue to award substantial awards. In 2018 the federal court granted $70 million to the family of a U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can resolve issues that aren't resolvable through settlement negotiations. For example, there could 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 plaintiffs must demonstrate that they have the right to damages, including future and past medical expenses, loss of wages, property damage as well as pain and suffering and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injuries. The trial can be long. In the last decade mesothelioma-related jury awards cases have increased significantly and have far outstripped the amount that is awarded to settlement cases by judges.

A mesothelioma lawyer can assist victims understand how to proceed during the trial process and can explain their legal rights in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases can be more complex than litigation involving car accidents, where it is usually easy to identify the responsible parties. This is particularly true if someone has been exposed to asbestos in multiple locations and at different dates. A mesothelioma lawyer with experience can speak with witnesses like co-workers family members, abatement workers, relatives and suppliers to create a detailed list of companies, products and locations.

The cost of resolving asbestos claims eats up funds that could be used to pay for future cases. Some claimants also believe that settlements don't reflect actual injuries and they deserve more compensation.

The defendants can seek to dismiss asbestos claims with summary judgment, or a finding that there was not an exposure. However, these motions require a thorough review of the evidence and a professional opinion that the doses measured of asbestos that plaintiffs received were insufficient to cause mesothelioma. An attorney for mesothelioma can help speed up the process and keep the case from becoming part of the backlog in the courts.