Asbestos Litigation

In courts all over the country, asbestos litigation has been a significant issue. Asbestos exposure has been proven to cause lung disease and damage through research.

It is vital for an attorney to know how to identify asbestos-related materials in every case. This can be done through speaking to colleagues, obtaining records, or analyzing samples from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related disease, you may be qualified for compensation. Compensation may help pay for lost wages and medical expenses as well as other costs related to mesothelioma and other asbestos-related disease. You may choose to start a lawsuit or offer an agreement to the defendants.

There are typically many defendants in an asbestos-related case due to the numerous mining companies that produce asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines or manufacturers who used morro bay Asbestos lawsuit, or acted as employers could be held accountable for the victims' injuries.

Asbestos suits typically fall under the law of product liability that are based upon the laws of the state and common law which allow damages to be recovered from sellers of goods when the products cause injuries. In a suit for product liability it is claimed that injuries resulted from faulty design or mismanufacture and that the person who was injured was not adequately warned about the dangers of the products.

In asbestos cases, defendants usually argue 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 are linked to a wide range of ailments. Companies that concealed asbestos-related risks to increase profits were accused of cover-up as they sought to deny claims and block workers from claiming an amount of compensation for their injuries.

If more than one defendant is found to be responsible for the asbestos-related injuries sustained by a victim the judge or jury can decide how to divide the blame between them in a process known as the apportionment. The apportionment of liability does not alter the amount that a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a firm that manufactured or sold asbestos-related products can help victims obtain compensation for the losses they suffered. This includes the cost for medical treatment and lost wages because of being unable their job. Victims may also receive compensation and punitive damages.

The lawsuit asserts that the defendant acted with negligence in that it failed to take reasonable care to ensure the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was dangerous and failed to inform consumers and workers of the danger.

The estates or victims of people who have died from asbestos-related diseases like mesothelioma can make an asbestos lawsuit. An individual can make a personal injury claim to seek compensation for economic and non-economic damages, such as emotional stress and loss of enjoyment of life, and suffering and pain. In addition, the survivor family members of someone who passed away due to an asbestos-related illness may make a claim for wrongful death.

After an asbestos lawsuit is filed, both sides communicate information through a process known as discovery. This process can take some time and may require interviews with coworkers, family members, abatement workers and others in order to identify potential defendants.

Due to the complexity of asbestos litigation, it is important that plaintiffs choose a seasoned lawyer to handle their case. The law firm a victim or their loved ones chooses must have an understanding of the particular complexities involved in asbestos litigation and should be recognized by defendants and insurance companies for its experience in these cases.

Our lawyers are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are recognized for our ability to get the maximum amount of compensation for our clients.

Contact us for a complimentary consultation if you have any questions regarding filing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt south lake tahoe asbestos lawyer City, Utah and Houston, Texas. We represent clients across the nation. Contact us via email or phone today to begin.

Settlements

When victims win their asbestos lawsuits, they are awarded compensation from companies that knew about and exposed them to dangerous substances. This money is meant to help the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation may cover the cost of suffering and pain.

Asbestos cases often settle rather than going to trial, because it is less expensive and easier for defendant companies to settle the matter this way. Settlements also avoid negative publicity that may come when a verdict is handed down. It is crucial to find mesothelioma lawyers who have years of experience in obtaining maximum damages on behalf of their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct extensive research on their client's past work history, medical records and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be the cause of their condition. The lawyers can then collect evidence and use it in an effective mesothelioma case.

In the course of pre-trial discovery and depositions mesothelioma lawyers will uncover evidence of asbestos companies' negligence. The evidence usually is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. In many cases these documents, it is clear that asbestos-producing companies knew about the dangers of mesothelioma as well as other asbestos-related ailments, but did not disclose the information to their employees or to the public.

Many states have set a limit, also known as a statute of limitations, on the length of time asbestos victims can sue. The length of time varies from state to state, however, they are usually between one and two years. If the statute of limitation expires before a case for mesothelioma is filed victims will lose their right to receive compensation.

The amount of compensation victims can receive is based on the severity of their condition, their diagnosis and other factors. Attorneys consider treatment costs and other expenses during negotiations to ensure that patients have enough money to cover their medical expenses. Asbestos victims may also be able to claim through trust funds established for those diagnosed with mesothelioma or other asbestos-related diseases.

Some trusts are exhausted, but others still pay substantial awards. In 2018 an appeals court in the U.S. awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma from working with gaskets produced by John Crane Inc.

Trials

Asbestos-related victims who go to trial have a greater chance of receiving compensation than those who accept the settlement offer. Trials can solve issues that aren't resolvable through settlement negotiations. For example, there may be differences in the calculation of damages and the possibility that a patient's condition was due to a specific exposure.

In a court trial the plaintiffs must prove that they are entitled to damages, such as future and past medical expenses and loss of wages, property damage and pain and suffering and loss of consortium. In addition, the defendant must show that it is accountable for the asbestos-related injuries. The trial process is typically long. In the past decade, jury awards for mesothelioma have increased significantly and have far exceeded the amount awarded by judges in settlement cases.

A mesothelioma lawyer can help victims understand the trial process, and can explain their legal right in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents which is usually easy to determine the responsible parties involved, asbestos cases can be more complex. This is especially the case when the victim was exposed to more than one kind of asbestos in various locations. A seasoned mesothelioma attorney will interview witnesses such as co-workers family members, abatement workers, relatives and suppliers to compile an exhaustive database of the companies, morro bay Asbestos lawsuit products and locations.

There is a growing concern the cost of settling claims of asbestos victims from the past has a negative impact on funds that could be used to pay for future cases. In addition, some claimants believe that settlements should be basing on actual injuries and deserve more in compensation.

The defendants in asbestos cases may argue for dismissal of claims through summary judgment or a finding of no exposure. These motions require an extensive examination of evidence and an expert's assessment that the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and prevent the case from becoming part of the backlog in the courts.