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Asbestos Litigation

In the courts across the country asbestos litigation has been a significant issue. Studies have proven that asbestos exposure can cause lung damage as well as disease.

An attorney should be able recognize asbestos in every case. This can be done through talking to colleagues, collecting documents, or by analyzing samples from homes or workplaces.

Liability

You could be eligible for compensation If you or someone you care about is diagnosed with a health condition that is linked to asbestos. Compensation may help pay for lost wages, medical expenses and other expenses associated with mesothelioma or another asbestos-related disease. You may choose to start a lawsuit or offer an agreement to the defendants.

In asbestos cases, there are usually multiple defendants due to the fact that there are numerous mining companies that manufacture asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or as employers could be held accountable for injuries suffered by victims.

Asbestos lawsuits usually 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. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused due to a flawed or defective design and that the person injured was not adequately warned of the dangers associated with using the products.

In asbestos cases, defendants often claim that they did not behave in a negligent manner and that their products were safe, despite the fact that doctors have long recognized that the use of asbestos-containing products can lead to various illnesses. Companies that concealed asbestos risks to boost profits were accused of a cover-up as they sought to deny claims and block workers from claiming an amount of compensation for their injuries.

A judge or jury can decide how to distribute the burden of responsibility between defendants if more than one defendant is blamed for an asbestos-related injury. This process is known as apportionment. The apportionment does not affect the total amount of money a plaintiff can receive in compensation from the defendants in the case.

Damages

A lawsuit against a business that made or sold asbestos could aid victims in recovering compensation. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims could also be awarded compensatory and punitive damages.

The lawsuit claims that the defendant acted negligently which means that it did not take reasonable care to ensure that the product was safe for its intended use. It also is alleged that the defendant knew asbestos was a risk and failed to warn workers and consumers of this risk.

An asbestos lawsuit may be filed by a victim, or the estate of a person who died from an asbestos-related illness like mesothelioma. A person can make a claim for personal injury in order to obtain compensation for financial and other damages that include emotional distress as well as pain and suffering and loss of enjoyment of the life. In addition, the survivor family members of a person who died from an asbestos-related disease may file a wrongful death lawsuit.

After an asbestos lawsuit is filed, both sides share information in the process known as discovery. This may take a few months, and may require lengthy interviews with coworkers or relatives, abatement employees and others to determine potential defendants as well as their asbestos-related products.

It is important for plaintiffs to choose an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm a victim or their family selects should be aware of the complexities unique to asbestos litigation and be acknowledged by insurers and asbestos litigation defendants for its experience in these cases.

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

If you have any questions about filing an asbestos lawsuit, call us for a free consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the country. Call or email us today to get started.

Settlements

If asbestos victims win their lawsuits, they receive compensation from the companies who exposed them to hazardous substances. The money is intended to pay the victim and their family members for financial losses caused by asbestos exposure. Compensation can be used to cover the suffering and pain.

Asbestos cases are often settled instead of going to trial. This is due to the fact that it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements also avoid negative publicity that can come when a verdict is handed down. It is crucial to select an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct extensive research on the history of their clients' employment, medical records, and asbestos exposure. They can help clients identify asbestos-producing businesses that could be responsible for the illness. Lawyers can then gather evidence and use it in a mesothelioma-related case that is a solid one.

During depositions and discovery prior to trial mesothelioma lawyers may discover evidence of asbestos companies negligence. The evidence typically 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 and other asbestos-related ailments, but didn't disclose this information to their employees or to the public.

A number of states have imposed a time limit, referred to a statute of limitations, for how long asbestos victims are allowed to make a claim. The length of time varies by state, but usually range from one to two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, victims lose their rights to receive compensation.

The amount of money that victims receive will depend on the diagnosis of their asbestos-related disease the severity of their condition is, as well as other aspects. Attorneys take into account treatment costs and other costs when they negotiate to ensure patients have enough funds to pay their medical expenses. Asbestos-related victims can also file claims using trust funds, which were created to compensate people who have been diagnosed with mesothelioma or any other asbestos-related diseases.

Some of these trusts have dwindled, however others continue to pay substantial awards. For example, in 2018, a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured by John Crane Inc.

Trials

Trials are the best option for asbestos victims than settlement offers. Trials can resolve issues that aren't resolvable through settlement negotiations. For example, there could be differences in the calculation of damages, and whether the condition of a victim is due to a specific exposure.

In a trial the plaintiffs must prove that they are entitled to damages, which include past and future medical expenses, loss of earnings, property damage as well as pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial process is typically long. In the last decade mesothelioma juries' awards have risen significantly and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer will help victims understand how to proceed during the trial procedure and will explain their rights under the law in a courtroom with an open door. A knowledgeable lawyer can also assist in identifying potential defendants. As opposed to the litigation in car accidents where it's usually easy to identify the responsible individuals involved, asbestos litigation are more complicated. This is especially true if someone has been exposed to asbestos in more than one location and at different times. A knowledgeable mesothelioma lawyer will interview witnesses, such as coworkers, relatives and asbestos workers, to build an inventory of companies, products and the locations.

The expense of settling asbestos claims eats up funds which could have been used to fund future cases. Some claimants are also of the opinion that settlements do not reflect actual injuries, and they are entitled to more compensation.

Defendants in asbestos cases can contest claims to dismiss them by summary judgment or a conclusion of no exposure. These motions need an in-depth examination of the evidence and an expert opinion that the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. While the process may take a while, a seasoned mesothelioma attorney can help speed up the process and ensure that it does not be added to the long queue of cases that are awaiting the courts.