Asbestos Litigation
A significant amount of asbestos-related litigation has been handled in courts across the nation. Research has proven that asbestos exposure can cause lung damage and illness.
An attorney must be able recognize asbestos in every case. This can be done by speaking with colleagues collecting records, or analyzing samples from homes or workplaces.
Liability
You may be entitled to compensation when you or someone you know is diagnosed with a condition related to asbestos. Compensation can cover lost wages and medical expenses as well as other expenses related to mesothelioma and other asbestos-related illness. You can make a claim for compensation or an offer of settlement to the defendants in the case.
In asbestos cases, there are generally multiple defendants because there are numerous mining companies that manufacture asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that provided services to mines, or manufacturers that made use of asbestos or acted as employers could be held liable for injuries suffered by victims.
Asbestos lawsuits usually fall under the legal category of law governing product liability, which is founded on state and common laws that allow damages to be awarded against the sellers of products when those products cause injury to. In a product liability suit it is claimed that injuries resulted from an ineffective design or fabrication, and that the person who was injured was not adequately warned of the dangers of the products.
In asbestos cases, defendants often claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products have been linked to a wide range of ailments. Moreover, companies that hid asbestos's risks to boost profits have been accused of attempting to cover up by trying to thwart claims and also to stop workers from seeking financial compensation for their injuries.
A judge or jury may decide how to allocate responsibility between defendants if more than one defendant is found responsible for an asbestos-related injury. This process is known as allocation. The apportionment of liability will not alter the amount of money that the plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit filed against a company who manufactured or sold asbestos-related products could help victims recover compensation for the losses they suffered. This includes the expense of medical treatment for their disease as well as the loss of wages because of being unable to work. Victims also may receive compensatory and punitive damages.
The lawsuit asserts that the defendant acted negligently, which means that it did not take reasonable steps to ensure the product was safe for the intended use. The lawsuit also alleges that the defendant knew asbestos could be hazardous and failed to provide warnings to consumers and workers about the dangers.
An asbestos lawsuit may be filed by a victim, or the estate of a person who died from an asbestos-related disease such as mesothelioma. A person can bring a lawsuit for personal injury to claim compensation for other and economic damages that include emotional distress and pain and suffering and loss of enjoyment the life of. In addition, the survivors of a family members of a person who died from an asbestos-related illness can file a wrongful death lawsuit.
When an asbestos lawsuit is filed, the two sides exchange information through the process known as discovery. This process can take some time and may require interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants.
It is important 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 chooses should understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their expertise.
Our lawyers are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are recognized for our ability to secure maximum compensation for our clients.
If you have any questions regarding filing an asbestos lawsuit, contact us for a no-cost consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients all over the nation. Call or email us today to begin.
Settlements
When victims win their asbestos lawsuits, they get compensation from companies that knew about and exposed them to hazardous substances. The money is intended to compensate the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation can cover the cost of suffering and pain.
Asbestos cases are typically 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 this way. Settlements also reduce the negative publicity that may come from a trial verdict. It is essential to choose an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients.
Mesothelioma cases are extremely complex, and attorneys must conduct extensive research about their clients' medical records and work history as well as asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their condition. Lawyers can then gather evidence to use in a strong mesothelioma case.
In the course of pre-trial discovery and depositions mesothelioma lawyers may uncover 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 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 have set a time limit, also known as a statute of limitations, for how long asbestos-related victims can make a claim. The time frames vary between states, but are typically between one and two years. If palm coast asbestos attorney of limitation expires before a suit for mesothelioma is filed, victims will lose their right to compensation.
The amount of money that victims can receive depends on the asbestos-related diagnosis they receive, how severe their condition is and other factors. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients receive enough money to pay for their medical expenses. Asbestos-related victims may also be able to claim through trust funds that have been established to help those diagnosed with mesothelioma or other asbestos-related illnesses.
Some of these trusts are empty, while others still pay significant awards. For example, in 2018 a federal jury awarded $70 million to the family of a 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 victims than settlement offers. Trials can resolve issues that aren't possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages, and whether a victim's condition is caused by a particular exposure.
In a court of law, plaintiffs need to prove they are entitled damages, including future and past medical costs loss of wages, damages to property, pain and discomfort, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The process of trial can be lengthy. Over the past 10 years, jury awards in mesothelioma cases have risen significantly and have far outstripped the amount given to settlement cases by judges.
A mesothelioma lawyer can assist victims understand the process of trial and explain their legal rights in an open courtroom. A qualified attorney can also assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident litigation, where it is typically simple to identify the responsible parties. This is particularly true when someone has been exposed to asbestos in more than one place and at different dates. A mesothelioma lawyer with experience can interview witnesses like coworkers family members, abatement workers, relatives and suppliers to compile a detailed list of companies as well as their products and locations.
The expense of settling asbestos claims eats up funds which could have been used to pay future cases. In addition, some claimants believe that settlements should be basing on actual injuries and should be compensated more.
Plaintiffs can challenge dismissal of asbestos claims by obtaining the process of summary judgment, or by finding that there was not an exposure. These motions, however, require an exhaustive examination of the evidence as well as an expert's opinion that the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. While the process could take a while, a seasoned mesothelioma lawyer can assist to speed up the process and ensure that it does not become part of the long backlog of cases in courts.