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Asbestos Litigation

A large portion of asbestos-related cases have been handled in courts across the country. Studies have proven that asbestos exposure can cause lung damage and illness.

An attorney must be able to identify asbestos in every case. This can be accomplished by talking with co-workers in the office, collecting records, and taking samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease, you may be eligible for compensation. Compensation can be used to pay for lost wages, medical costs and other expenses related to mesothelioma. You may choose to bring a lawsuit, or offer a settlement to the defendants.

There are typically several defendants in an asbestos case due to the numerous mining companies that produced asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or acted in a position of employer could be held accountable for injuries sustained by victims.

Asbestos lawsuits typically fall into the legal category of product liability law which is based on state and common laws that allow damages to be recouped from manufacturers of products if the products cause injuries. In a product liability suit where the injuries were caused due to the design defect or manufacturing error and that the person injured wasn't adequately warned about the dangers of the products.

Defendants in asbestos cases often claim that they did not do anything recklessly and that their products were safe, despite the fact that doctors have long recognized the use of asbestos-containing items is linked to different diseases. Companies who concealed asbestos-related risks to make profits were accused of cover-up, as they tried to block claims and keep workers from claiming financial compensation for their injuries.

A judge or jury may decide on how to split the responsibility among defendants when more than one defendant has been found to be responsible for an asbestos-related injury. This process is known as apportionment. The apportionment of liability will not affect the total amount that the plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit against a business that made or sold asbestos could assist victims to recover compensation. This includes the cost for Asbestos Case medical treatment and lost wages as a result of being unable to perform their job. Victims may also be eligible for compensatory and punitive damages.

The lawsuit claims that the defendant acted with negligence, meaning it did not exercise reasonable care to ensure 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 dangers.

A person who has been a victim or the estates of people who have died from asbestos-related diseases such as mesothelioma can bring an asbestos lawsuit. A person may make a claim for personal injury to claim compensation for economic and other damages, such as emotional distress or pain and suffering and loss of enjoyment the life of. Family members of someone who has died from an asbestos-related disease can pursue a wrongful-death lawsuit.

Once an asbestos case has been filed, the parties share information through an process known as discovery. This may take a few months and may involve extensive interviews with co-workers, relatives, abatement workers and others in order to identify possible defendants and their asbestos-related products.

It is essential for plaintiffs to choose an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm that a victim or their family selects should have an understanding of the particular complexities involved in asbestos litigation and be recognized by defendants and insurance companies for its expertise in these cases.

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

If you have any questions about filing an asbestos lawsuit, contact us for a no-cost consultation. We are dedicated 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 nation. Contact us via email or phone today to get started.

Settlements

If asbestos victims prevail in their cases, they receive compensation for the companies who exposed them to hazardous substances. The money is meant to compensate the victim as well as their family members for the financial losses resulting from asbestos exposure. Compensation can help cover the suffering and pain.

Asbestos cases usually settle rather than going to trial because it is less expensive and easier for defendant companies to settle the matter in this manner. Settlements can also avoid the negative publicity that is associated with a verdict in a trial. It is important to hire a mesothelioma lawyer who has years of experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct thorough research on their client's past work history, medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the condition. Lawyers can gather evidence and use it to build an effective mesothelioma suit.

During depositions and discovery prior to trial mesothelioma lawyers are able to uncover evidence of asbestos companies' negligence. Evidence typically comes in the form of internal memos, corporate documentation and testimony of former employees who have worked with asbestos-containing material. These documents often show that asbestos producers were aware of 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 also known as statutes or limitations on the time an asbestos victim must bring a lawsuit. The durations vary by state, but usually range between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their right to be compensated.

The amount of money that victims can receive depends on their asbestos-disease diagnosis the severity of their condition is, as well as other aspects. Attorneys take into account treatment costs and other expenses when negotiations to ensure that patients have enough funds for their medical bills. Asbestos-related victims can also file claims with trust funds that were established to compensate those who have been diagnosed with mesothelioma and other asbestos-related ailments.

Some of these trusts are empty, while others continue to pay out huge amounts of money. In 2018 the federal court granted $70 million to the family of an U.S. Navy machinist diagnosed with mesothelioma due to gaskets manufactured by John Crane Inc.

Trials

Trials are a better option for asbestos victims than settlement offers. Trials can also help settle issues that cannot be resolved through settlement negotiations, like differences in how to calculate damages and whether the victim's condition was caused by specific exposures.

In a court trial the plaintiffs have to prove that they have the right to damages, including past and future medical expenses as well as loss of wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial process is typically long. In the past decade mesothelioma jury awards cases have risen significantly and far exceeded the amount awarded to settlement cases by judges.

A mesothelioma attorney can help victims understand the trial process, and can explain their legal right in a courtroom that is open to the public. An experienced attorney can help to identify potential defendants. In contrast to car accident litigation, where it is often easy to identify the parties involved, asbestos cases can be more complicated. This is especially true if an individual has been exposed to asbestos in multiple locations and at different times. A mesothelioma lawyer with experience can interview witnesses, such as relatives, coworkers, or abatement workers, to compile an inventory of employers, products and the locations.

There is a growing concern that the cost of resolving claims of asbestos victims who have been in the past is draining funds which could be used to fund future cases. Some claimants also believe that settlements don't accurately reflect their actual injuries and therefore they are entitled to a higher amount of compensation.

Defendants in asbestos claim cases can seek to dismiss claims through summary judgment or a finding of no exposure. These motions require an extensive examination of evidence as well as an expert's assessment that the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. While the process may take time, a qualified mesothelioma lawyer can assist to accelerate the process and make sure that it doesn't become part of the long backlog of cases in the courts.