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Asbestos Litigation

A significant amount of asbestos-related cases have been handled in courts across the nation. Asbestos exposure has been proven to cause lung diseases and damage through research.

An attorney must be able recognize asbestos in each case. This can be accomplished through conversations with coworkers, obtaining records, and studying samples from home or workplaces.

Liability

You could be eligible for compensation when you or someone you love has been diagnosed with a disease that is related to asbestos. Compensation can help with lost wages medical costs, and other expenses associated with mesothelioma or another asbestos-related illness. You can bring a lawsuit in order to obtain compensation or make a settlement offer from the defendants in the case.

There are typically several defendants in an asbestos-related case because there are many mining companies who produced asbestos and also the manufacture 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 or manufacturers or acted as employers may also be accountable for the injuries sustained by victims.

Asbestos suits often fall under the law of product liability that are based on the common law and state laws that allow for damages to be recovered from the sellers of products if the products cause injury. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or a flawed design, and that the person injured was not adequately warned about the risks that came with using the products.

In asbestos cases, defendants usually claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that Asbestos Law-containing products have been linked to a wide range of ailments. Companies that concealed asbestos-related risks to increase profits were accused of cover-up, and they attempted to thwart claims and stop workers from claiming an amount of compensation for their injuries.

If more than one defendant is found to be responsible for asbestos-related injuries suffered by a victim the judge or jury can decide how to divide the burden of responsibility among them in a process called the apportionment. The apportionment of liability will not affect the total amount of money a plaintiff may receive as compensation from the defendants in the case.

Damages

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

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

A person who is a victim or the estates of people who have died from asbestos-related diseases such as mesothelioma can start an asbestos lawsuit. An individual can file a personal injury lawsuit to seek compensation for non-economic and economic damages, such as emotional distress and loss of enjoyment of life as well as pain and suffering. In addition, the survivor family of someone who died due to an asbestos-related illness may bring a wrongful death lawsuit.

When an asbestos-related case is filed the parties share information in the process of discovery. This process can last several months and may involve interviews with coworkers, family members, abatement workers and others to determine potential defendants.

It is crucial for plaintiffs to choose an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm that a victim or their family chooses must be aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies as well as defendants for their expertise.

Our lawyers are asbestos litigation experts with years of experience representing asbestos victims and their families. We are renowned for our success in obtaining the highest compensation for our clients.

Contact us for a no-obligation consultation for any questions about bringing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients across the nation. Contact us by phone or email today to get started.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation for 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 cover the cost of suffering and pain.

Asbestos lawsuits are often settled instead of going to trial. This is because it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also avoid negative publicity that could be associated with a verdict at trial. It is crucial to choose an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.

Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive investigations into their client's past work history as well as medical records and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be the cause for their condition. Lawyers can then gather evidence and use it to build a mesothelioma-related case that is a solid one.

During depositions and discovery prior to trial mesothelioma lawyers are able to find evidence of asbestos-related companies' negligence. Evidence usually comes from internal memos, corporate documents and statements of former employees who worked with asbestos-containing products. These documents often reveal that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related illnesses however, they didn't tell their workers or the general public.

Many states set time limits also known as statutes or limitations that define how long an asbestos victim must start a lawsuit. These time periods vary from state to state, however, they are usually between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their right to receive compensation.

The amount of money that victims will receive is contingent upon the asbestos-related illness they have been diagnosed with as well as how serious their condition is and other aspects. Attorneys consider the cost of treatment and other costs when negotiating to ensure that patients have enough money to cover medical expenses. Asbestos victims can also file claims with trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related diseases.

Some of these trusts have been exhausted, but some continue to pay substantial awards. For example, in 2018 the federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets produced by John Crane Inc.

Trials

Trials are the better option for asbestos attorney victims than settlement offers. Trials can resolve issues that are not resolved through settlement negotiations. For example, differences in the calculation of damages, and the possibility that a patient's condition was caused by an exposure.

In a court of law, plaintiffs need to prove they have a right to damages, including past and future medical costs loss of wages, damages to property, pain and discomfort, and loss of consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injury. The process of trial can be lengthy. In the past decade mesothelioma jury awards have risen dramatically and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer can help victims understand the trial process, and can explain their legal right in a courtroom open to the public. A knowledgeable lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complex than litigation involving car accidents, where it is generally easy to identify the responsible parties. This is particularly true when an individual was exposed to more than one kind of asbestos and at multiple locations. A mesothelioma lawyer with experience can interview witnesses such as co-workers family members, abatement workers, relatives and suppliers to compile an extensive database of employers products, locations and other information.

There is a growing concern the cost of settling claims from past asbestos victims is draining funds which could be used to fund future cases. In addition, some claimants think that settlements aren't just based on injuries that actually occurred and deserve more in compensation.

Defendants in asbestos cases can fight to have claims dismissed by summary judgment or a conclusion of no exposure. These motions are, however, subject to a thorough examination of the evidence and an expert's assessment that the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma lawyer can speed up the process and prevent the case from becoming a part of the backlog in the courts.