Asbestos Litigation
In courts all over the country asbestos litigation has been a major issue. Research has shown that exposure to asbestos can cause lung damage and cause disease.
It is vital for an attorney to understand how to identify asbestos products in every case. This can be done through talking to colleagues, collecting documents, or by analyzing samples from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related condition You may be eligible for compensation. Compensation can cover lost wages, medical expenses and other expenses associated with mesothelioma or another asbestos-related disease. You can choose to file a lawsuit or offer a settlement to the defendants.
There are usually many defendants in an asbestos case due to the numerous mining companies that produce asbestos as well as 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, manufacturers or as employers could be held accountable for the injuries of victims.
Asbestos lawsuits usually fall under the legal category of product liability law, which is built on state and common laws that allow damages to be recouped from manufacturers of products if the products cause injuries. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by mismanufacture or a flawed design, and that the victim wasn't adequately warned of the risks associated with using the products.
In asbestos cases, defendants typically assert that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing items are linked to a wide range of ailments. Additionally, companies that concealed asbestos's dangers to increase profits have been accused of concealing the truth in attempting to block claims and trying to prevent workers from seeking the financial compensation they deserve for their injuries.
If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim, a judge or jury can decide how to divide the responsibility among them in a process called apportionment. The apportionment of liability does not affect the total amount that a plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit against a company which manufactured or sold asbestos could help victims recover compensation. This includes the cost of medical treatments for their disease and the loss of wages because of being unable to work. Victims may also be eligible for punitive and compensatory 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. The lawsuit also alleges that the defendant knew asbestos could be dangerous and failed in educating consumers and workers about the risk.
An asbestos lawsuit could be filed by a victim, or the estate of a deceased person from an asbestos-related condition such as mesothelioma. A person can file a lawsuit for personal injury in order to obtain compensation for financial and other damages, such as emotional distress as well as pain and suffering and loss of enjoyment the life. Family members who have survived someone who has passed away due to an asbestos-related illness may also pursue a wrongful-death lawsuit.
After an asbestos case has been filed, the two sides exchange information via the process known as discovery. This process can take several months and could require interviews with family members, coworkers, members, abatement workers and others to determine potential defendants.
Due to the complicated nature of asbestos litigation it is important that plaintiffs choose a seasoned lawyer handling their case. The law firm that a victim or their family chooses should understand the unique complexities of asbestos litigation. They should be recognized by insurance companies and defendants for their experience.
Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our expertise to obtain the maximum amount of compensation for our clients.
If you have questions about filing an asbestos suit, contact us for a no-cost consultation. We are committed 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 across the country. Contact us by phone or email today to get started.
Settlements
When asbestos victims win their lawsuits, they get compensation from companies who knew they exposed them to hazardous substances. This money is meant to assist the family of the victim in the event of financial losses due to the asbestos exposure. Compensation may cover the suffering and pain.
Asbestos cases tend to settle rather than go to trial, as it is less expensive and easier for defendants to settle the case in this way. Settlements also reduce the negative publicity that could be associated when a verdict is handed down. It is crucial to select an attorney for mesothelioma who has expertise in obtaining the highest amount of damages for their clients.
Mesothelioma cases are complex, and attorneys must conduct extensive research on the medical records of their clients and work history as well as asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause of their illness. The lawyers can then collect evidence and use it to build an effective mesothelioma case.
During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers will uncover evidence of asbestos-related companies negligence. The evidence usually comes in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents often show that asbestos producers knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't tell their employees or the general public.
A number of states have time limits which are known as statutes of limitation which determine how long asbestos victims have to file a lawsuit. These time periods vary from state to state but generally range between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their right to a fair settlement.
The amount victims receive will depend on their asbestos-disease diagnosis as well as how serious their condition is, and other factors. Attorneys take into account treatment costs and other expenses when trying to make sure that patients have enough money to cover medical expenses. Asbestos-related victims may also be able to claim through trust funds created to help those diagnosed with mesothelioma or other asbestos-related illnesses.
Some trusts are empty, while others continue to pay out substantial awards. In 2018 the federal court granted $70 million to the family of a U.S. pembroke pines asbestos attorney diagnosed mesothelioma after working with gaskets manufactured by John Crane Inc.
Trials
Asbestos victims who go to trial have a much better chance of receiving compensation than those who accept the settlement offer. Trials can also help to resolve problems that cannot be resolved through settlement negotiations, for instance differences in how to calculate damages and whether the patient's condition was caused by specific exposures.
In a court of law, plaintiffs will need to prove they are entitled damages, including future and past medical expenses and lost wages, damages to property or property, pain and discomfort and loss in consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The trial process can be lengthy. In the past decade mesothelioma cases, jury verdicts cases have increased significantly and have far outstripped the amount of money awarded to settlement cases by judges.
A mesothelioma lawyer can help victims understand what to do in the trial procedure and will explain their legal rights in an open courtroom. A licensed lawyer can assist in identifying potential defendants. Asbestos cases can be more complicated than car accident litigation where it is typically easy to identify the responsible parties. This is especially true if the person has been exposed to asbestos in multiple places and at different times. An experienced mesothelioma attorney can interview witnesses such as co-workers or relatives, abatement workers and suppliers to create a detailed list of companies as well as their products and locations.
There is a growing concern the cost of settling claims of asbestos victims from the past is consuming funds that could be used to fund future cases. Additionally, some claimants think that settlements aren't basing on actual injuries and therefore deserve more compensation.
In asbestos cases, defendants can seek to dismiss claims through summary judgment or a determination of no exposure. However the motions must be based on an exhaustive review of the evidence and an expert's opinion that the measured doses of asbestos that the plaintiff was exposed to did not cause mesothelioma. An attorney for mesothelioma can help speed up the process and keep the case from becoming a part of the backlog in the courts.
