Asbestos Litigation
A large amount of asbestos litigation has been handled by courts across the nation. Asbestos exposure has been shown to cause lung diseases and damage through research.
An attorney must be able to identify asbestos in every case. This can be accomplished by speaking with colleagues or obtaining records, as well as taking samples from homes or work sites.
Liability
You could be eligible for compensation if you or someone you know is diagnosed with a disease related to asbestos. Compensation may help pay for lost wages medical costs, and other expenses associated with mesothelioma or another asbestos-related disease. You can make a claim or offer an offer of settlement to the defendants.
In asbestos cases, there are generally multiple defendants because there are a variety of mining companies that manufacture asbestos and manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, parma asbestos attorneys who provided services to mines or manufacturers who used asbestos or acted as employers could be held liable for the victims' injuries.
Asbestos-related lawsuits are often categorized under the legal category of product liability law which is based on common and state laws that allow damages to be recovered against manufacturers of products if the products cause injury to. In a product liability lawsuit, it is alleged the injuries were caused by an ineffective design or fabrication, and that the injured person wasn't adequately warned about the dangers of the products.
In asbestos cases, defendants typically claim that they weren't negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing items are linked to a myriad of illnesses. Furthermore, companies that concealed asbestos's risks to increase profits have been accused of concealing the truth by attempting to suppress claims and attempting to stop workers from seeking financial compensation for injuries they sustained.
A judge or jury may decide how to distribute responsibility between defendants if more than one defendant is identified as being responsible for an asbestos-related injury. This process is referred to as allocation. The apportionment does not alter the amount that a plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit brought against a business that produced or sold asbestos-related products can help victims recover compensation for the losses they suffered. This includes the cost of medical treatment for their illness as well as the loss of wages because of being unable to work. Victims may also be eligible for compensation and punitive damages.
The lawsuit alleges that the defendant acted negligently, which means that it did not take reasonable steps to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos could be dangerous and failed provide warnings to consumers and workers about the dangers.
An asbestos lawsuit could be filed by a person who has suffered the loss or the estate of a person who died due to an asbestos-related illness, such as mesothelioma. A person may start a lawsuit claiming personal injury to seek compensation for economic and other damages, such as emotional distress and pain and suffering and loss of enjoyment the life. In addition, the surviving family members of a deceased person due to an asbestos-related illness may bring a wrongful death lawsuit.
Once an asbestos case has been filed the parties communicate information through the process of discovery. This process can last several months and may require interviews with coworkers, family members, abatement workers, and others to identify potential defendants.
It is crucial for plaintiffs to have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that the victim, or their family, chooses must be able to comprehend the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for their experience.
Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are recognized for our ability to secure the highest amount of compensation for our clients.
Contact us for a free consultation for any questions about filing a lawsuit involving asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us today to get started.
Settlements
When victims win their asbestos lawsuits, they are awarded compensation from companies who knew they exposed them to dangerous substances. The money is intended to help the victim's family and friends with financial losses resulting from the asbestos exposure. Compensation can help cover the cost of suffering and pain.
Asbestos lawsuits are often settled instead of going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements also can help prevent the negative publicity that comes with a verdict in a trial. It is crucial to find an attorney for mesothelioma who has years of experience in obtaining maximum damages for their clients.
Mesothelioma cases are complicated and lawyers must conduct extensive research into their client's medical records, work history, and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be the cause of the disease. Lawyers can then gather evidence and use it to build a strong mesothelioma case.
Mesothelioma lawyers may uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence usually comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. In many instances these documents, it is clear that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related illnesses however, they did not communicate the information to their employees or to the public.
Many states set time limits known as statutes of limitations that define how long an asbestos victim must bring a lawsuit. The durations vary by state, but typically range from one to two years. If the statute of limitations expires before a mesothelioma case is filed, the victims lose their rights to compensation.
The amount victims receive will depend on their asbestos-disease diagnosis and how severe their condition is, and other factors. Attorneys consider treatment costs and other expenses during negotiations to ensure patients have enough funds to pay their medical expenses. Asbestos victims might also be able to claim through trust funds set up for those diagnosed with mesothelioma and other asbestos-related illnesses.
Certain trusts have been depleted but others continue paying out substantial prizes. In 2018 the United States court gave $70 million to the relatives of a U.S. Navy machinist diagnosed mesothelioma after 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 solve issues that aren't resolvable through settlement negotiations. For instance, there are differences in the calculation of damages, and whether the condition of a victim is caused by an exposure.
In a court of law, plaintiffs will need to prove they are entitled to damages, including future and past medical expenses and lost wages, damages to property as well as pain and discomfort and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process is typically lengthy. In the last 10 years mesothelioma cases, jury awards have risen significantly and have much exceeded the amount that is awarded by judges in settlement cases.
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 knowledgeable lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complex than car accident cases where it is usually simple to identify the responsible parties. This is particularly true if an individual has been exposed to asbestos in more than one place and at different dates. A knowledgeable mesothelioma lawyer will interview witnesses, such as coworkers, relatives and abatement workers, to create an inventory of the companies, products, and places.
The cost of resolving asbestos claims drains funds that could be used to pay future cases. In addition, some claimants think that settlements aren't basing on actual injuries and deserve more in compensation.
The defendants can seek to dismiss asbestos claims with summary judgment, or a finding that there was no exposure. These motions, however, require an in-depth examination of the evidence as well as an expert's opinion that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and keep the case from becoming a burden in the courts.