Asbestos Litigation
A substantial amount of asbestos litigation has been dealt with in courts across the nation. Studies have proven that asbestos exposure can cause lung damage and illness.
It is important for an attorney to understand how to recognize asbestos-related products in every case. This can be done by discussing with colleagues, obtaining reports, or looking at samples taken from homes or workplaces.
Liability
You may be entitled to compensation in the event that you or someone you care about is diagnosed with a disease that is related to asbestos. Compensation can assist with the loss of wages and medical expenses as well as other expenses related to mesothelioma and other asbestos-related disease. You can either file a lawsuit or offer a settlement to the defendants.
There are usually multiple defendants in asbestos cases because there are many mining companies that produce asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who offered services to mines or manufacturers who used asbestos or acted as employers could be held liable for injuries to victims.
Asbestos lawsuits typically fall into the legal category of law governing product liability, which is based on common and state laws that permit damages to be sought against the sellers of products when those products cause injuries. In a suit for product liability, it is alleged the injuries were caused due to faulty design or mismanufacture and that the person injured wasn't adequately warned about the dangers associated with products.
In asbestos cases, defendants often claim that they did not behave negligently and that their products are safe, despite the fact that doctors have long recognized that asbestos-containing items is linked to various diseases. Companies that concealed asbestos risks to boost profits were accused of a cover-up, and they attempted to thwart claims and stop workers from claiming the financial compensation they deserve for their injuries.
A judge or jury may decide how to allocate the blame between defendants in cases where more than one defendant is blamed for an asbestos-related injury. This process is called apportionment. The apportionment doesn't alter the amount of compensation the plaintiff may receive from the defendants.
Damages
A lawsuit brought against a firm that manufactured or sold asbestos products can aid victims in recovering compensation for the losses they suffered. This includes the expense of medical treatment for their disease and lost earnings due to the inability to work. Victims could also be awarded compensatory and punitive damages.
The lawsuit asserts that the defendant acted negligently. This means that it didn't take reasonable steps to ensure the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was dangerous and failed to warn consumers and workers of the danger.
The estates or victims of those who have passed away from asbestos-related illnesses such as mesothelioma can make an asbestos lawsuit. An individual can bring a personal injury lawsuit to seek compensation for non-economic and economic damages, including emotional anxiety and suffering, loss of enjoyment life and suffering and pain. Family members who are survivors of those who have died due to an asbestos-related condition can file a wrongful deaths lawsuit.
Once an asbestos case has been filed, both sides exchange information in a process known as discovery. This process can take several months and may require interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.
Due to the complexity of asbestos litigation, it is important that plaintiffs have an experienced lawyer to handle their case. The law firm a victim or their family chooses to work with should be aware of the particular complexities involved in asbestos litigation and should be recognized by insurers and defendants for its expertise in these cases.
Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our skill in obtaining maximum compensation for clients.
If you have questions about filing an asbestos lawsuit, please contact us for a free consultation. 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. Call or email us today to get started.
Settlements
When victims win their asbestos lawsuits, they get compensation from companies who knew they exposed them to hazardous substances. The money is intended to pay the victim and his or her family for financial losses caused by asbestos exposure. Compensation can also be used to cover the pain and suffering.
Asbestos cases are often settled rather than go to trial because it is easier and cheaper for defendant companies to resolve the matter in this manner. Settlements also help avoid negative publicity that could be associated with a trial verdict. It is crucial to choose an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients.
Mesothelioma cases are incredibly complex and lawyers must conduct extensive research into the medical records of their clients as well as their work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be responsible for their illness. The lawyers can then collect evidence and use it in a mesothelioma lawsuit that is strong.
During pre-trial discovery, depositions and pre-trial depositions, mesothelioma lawyers can uncover evidence of asbestos-related companies negligence. Evidence usually comes in the form of internal memos, corporate documentation and statements of former employees who have been exposed to asbestos-containing materials. In many instances, these documents show that asbestos producers knew about the risks of mesothelioma and other asbestos-related diseases but didn't disclose this information to their workers or the public.
A number of states have time limits which are known as statutes of limitation, on how long asbestos victims have to file a lawsuit. The time frames vary from state to state but typically range between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, the victims lose their rights to a fair settlement.
The amount of compensation a victim will receive is based on the severity of their condition and their diagnosis as well as other factors. Attorneys consider treatment costs and other costs when they negotiate to ensure patients have enough money to cover their medical bills. Asbestos victims might also be able to file claims through trust funds created to help those diagnosed with mesothelioma, asbestos-related illnesses.
Some of these trusts have dwindled, however others continue paying out substantial prizes. For example, in 2018, a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can also help resolve issues that cannot be resolved through settlement negotiations, like the various ways to calculate damages and if the victim's condition resulted from specific exposures.
In a court trial, plaintiffs must show that they have the right to damages, which include past and future medical expenses such as loss of earnings, property damage and pain and suffering and loss of consortium. columbia asbestos attorneys must also prove its responsibility for the asbestos-related injury. The trial can be long. In the last 10 years mesothelioma jury awards have increased significantly and have far exceeded the amount awarded by judges in settlement cases.
A mesothelioma lawyer can assist victims understand the trial process and explain their legal right in a courtroom that is open to the public. An experienced attorney can help to identify potential defendants. Asbestos cases can be more complicated than car accident litigation where it is often easy to identify the parties responsible. This is especially true if the victim was exposed to more than one type of asbestos and at multiple locations. A mesothelioma lawyer with experience can interview witnesses, such as coworkers, relatives and abatement workers to compile a database of products, employers and the locations.
There is a growing concern that the cost of settling claims of asbestos victims from the past has a negative impact on funds which could be used to fund future cases. Furthermore, some claimants think that settlements aren't based on actual injuries and they deserve more compensation.
Defense attorneys can argue to dismiss asbestos claims through the process of summary judgment, or by finding that there was no exposure. These motions need an exhaustive examination of the evidence and an expert opinion that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. While the process can take time, a skilled mesothelioma lawyer can help speed up the process and ensure that it does not be added to the long backlog of cases in courts.