Asbestos Litigation
A large portion of asbestos litigation has been dealt with in courts across the nation. Asbestos exposure has been proven to cause lung damage and lung disease through research.
An attorney should be able to identify asbestos in every case. This can be done through discussing with colleagues, obtaining records, or analyzing samples from homes or workplaces.
Liability
You may be entitled to compensation when you or someone you know is diagnosed with a condition related to asbestos. Compensation may help pay for lost wages and medical expenses as well as other costs related to mesothelioma and other asbestos-related illness. You can make a claim for compensation or make an offer of settlement to the defendants in the case.
In asbestos cases, there are generally multiple defendants due to the fact that there are a variety of mining companies that produce asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or who acted in a position of employer could be held accountable for the injuries sustained by victims.
Asbestos lawsuits often fall under the legal category of product liability law, which is founded on state and common laws that allow damages to be awarded against the sellers of products when those products cause injuries. In particular, in a liability lawsuit, it is claimed that the injuries were caused due to a flawed or defective design and that the victim was not adequately warned of the dangers that could result from 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 products can lead to a myriad of illnesses. In addition, companies who concealed the risks of asbestos to increase profits have been accused of engaging in a cover-up by attempting to suppress claims and by trying to block workers from seeking financial compensation for injuries they sustained.
A jury or judge may decide how to allocate the burden of responsibility between defendants if more than one defendant is identified as being responsible for an asbestos-related injury. This is known as apportionment. The apportionment process does not affect the total amount of money that the plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit against a business which manufactured or sold asbestos could help victims receive compensation. This includes the cost of medical treatment and lost wages as a result of being unable to perform their job. Victims could also be awarded compensatory and punitive damages.
The lawsuit asserts that the defendant acted negligently, meaning that it failed to take reasonable steps to ensure the product was safe for the intended use. The lawsuit also alleges that the defendant knew asbestos could be dangerous and failed provide warnings to consumers and workers about this risk.
An asbestos-related lawsuit can be filed by a person who has suffered the loss or the estate of a person who has died from an asbestos-related condition like mesothelioma. A person can file a personal injury lawsuit to seek compensation for non-economic and economic damages, including emotional distress and loss of enjoyment of life as well as suffering and pain. In addition, the survivor family members of a person who died from an asbestos-related disease can pursue a wrongful-death lawsuit.
Once an asbestos-related case has been filed, the two sides share information through an process known as discovery. It can take several months, and may require extensive interviews with colleagues and relatives, abatement workers and others in order to identify potential defendants and asbestos-related products.
Due to the complexity of asbestos litigation, it is imperative that plaintiffs get an experienced lawyer handling their case. The law firm that a victim or their family chooses be aware of the unique complexities of asbestos litigation, and be acknowledged by defendants and insurance companies for its expertise 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 maximum compensation for our clients.
Contact us today for a no-obligation consultation for any questions about bringing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients across the country. Contact us today to begin.
Settlements
When victims win their asbestos lawsuits, they receive compensation from the companies who knowingly exposed them to hazardous substances. This money is meant to assist the family of the victim with financial losses resulting from the asbestos exposure. Compensation may cover pain and suffering.
Asbestos cases usually settle rather than go to trial, because it is easier and cheaper for the defendant company to settle the case in this way. Settlements can also avoid the negative publicity that can come when a jury verdict is handed down. It is crucial to select an attorney for mesothelioma who has experience in obtaining maximum damages on behalf of their clients.
Mesothelioma cases are complex and lawyers must conduct extensive research on their client's medical records and work history as well as asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the condition. Lawyers can then gather evidence and use it in a mesothelioma-related case that is a solid one.
During pre-trial discovery and depositions mesothelioma lawyers may discover evidence of asbestos companies' negligence. The evidence typically comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents often show that asbestos producers were aware of mesothelioma's dangers, and other asbestos-related diseases but did not inform their employees or the general public.
Many states set time limits which are known as statutes of limitation that define how long asbestos victims have to make a claim. The length of time varies from state to state, but generally range between one and two years. If the statute of limitations expires before a case for mesothelioma is filed victims will lose the right to receive compensation.
The amount of compensation victims are entitled to is determined by the severity of their illness, their diagnosis and other factors. Attorneys look at treatment costs and other expenses during negotiations to ensure that patients have enough money to pay their medical expenses. Asbestos-related victims may also be able to file claims through trust funds created for patients diagnosed with mesothelioma as well as other asbestos-related illnesses.
Some of these trusts have been closed, while others continue to pay out significant awards. In 2018, a federal court awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma due to 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 the settlement offer. Trials can also help settle issues that aren't resolved through settlement negotiations, for instance differences in how to calculate damages and whether the condition was caused by a specific exposure.
In a court of law, plaintiffs will need to prove they are entitled to damages including future and past medical costs, lost wages, damage to property as well as discomfort and pain and loss in consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injuries. washington asbestos lawyer is often lengthy. In the last decade, jury awards in mesothelioma cases have increased significantly and have far outstripped the amount of money awarded to settlement cases by judges.
An attorney for mesothelioma can help victims understand the process of trial, and can explain their legal rights in a courtroom open to the public. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases can be more complicated than car accident litigation where it is usually easy to identify the responsible parties. This is especially true when a person has been exposed to asbestos in more than one location and at different times. A mesothelioma lawyer with experience can interview witnesses, such as coworkers and relatives, abatement workers and suppliers to create a comprehensive database of the companies as well as their products and locations.
There is a growing concern the cost of resolving claims from past asbestos victims can drain funds that could be used to pay for future cases. Many claimants also believe that settlements do not reflect actual injuries, and they are entitled to more compensation.
In asbestos cases, defendants can contest claims to dismiss them through summary judgment or a finding 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 plaintiffs received did not cause mesothelioma. A mesothelioma lawyer can help speed up the process and avoid the case from becoming a part of the backlog in the courts.