Asbestos Litigation
A significant amount of asbestos cases have been handled in courts across the country. Studies have proven that exposure to asbestos can cause lung damage and cause disease.
An attorney must be able to identify asbestos in every case. This can be accomplished by speaking to colleagues, obtaining documents, or analyzing samples taken from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related illness, you may be eligible for compensation. Compensation can cover medical expenses, lost wages and other expenses related to mesothelioma. You may choose to make a claim or offer an offer of settlement to the defendants.
There are usually multiple defendants in an asbestos case because there are a variety of mining companies who produced asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that supplied services to mines or manufacturers that made use of asbestos or who acted as employers could be held liable for injuries sustained by victims.
Asbestos-related lawsuits are often categorized under the legal category of product liability law, which is based on state and common laws that permit damages to be awarded against manufacturers of products if the products cause injury to. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or defective design and that the injured party was not properly warned of the dangers associated with using the products.
In asbestos cases, defendants often claim that they did not behave negligently and that their products are safe, even though doctors have long recognized that the use of asbestos-containing products can lead to various diseases. Furthermore, companies that concealed asbestos's risks to boost profits have been accused of engaging in a cover-up in attempting to block claims and also to prevent workers from seeking the financial compensation they deserve for their injuries.
If more than one defendant is found liable for asbestos-related injuries suffered by a victim, a jury or judge could decide on how to divide the responsibility between them in a process called the apportionment. The apportionment process does not alter the amount of money that the plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit against a business which manufactured or sold asbestos can aid victims in recovering compensation. This includes the costs of medical treatment for their disease and lost earnings due to the inability to work. Victims can also receive compensation and punitive damages.
The lawsuit alleges the defendant was negligent, meaning that it failed to take reasonable steps to ensure that the product was safe for its intended use. It is also claimed that the defendant knew 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 illnesses such as mesothelioma may bring an asbestos lawsuit. A person may file a personal injury lawsuit to claim compensation for economic and non-economic damages, including emotional distress and suffering, loss of enjoyment life and suffering and pain. Family members who have survived someone who died due to an asbestos-related condition can bring a wrongful death lawsuit.
Once an asbestos case has been filed the parties exchange information in the process known as discovery. This process can last several months and could 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 attorney handling their case due to of the complex nature of asbestos litigation. The law firm that the victim, or their family, chooses must comprehend the unique complexities of asbestos litigation. They should be acknowledged by insurance companies and defendants for its expertise.
Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are recognized for our ability to obtain maximum compensation for our clients.
If you have any questions about filing an asbestos lawsuit, please contact us for a no-cost consultation. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients from all over the nation. Contact us now to begin.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation from the companies that exposed them substances. This money is meant to help the family members of the victim financially for the financial loss resulting from the asbestos exposure. augusta asbestos lawsuit can help cover pain and suffering.
Asbestos cases usually settle rather than going to trial because it is cheaper and easier for defendant companies to settle the case this way. Settlements also help avoid negative publicity that comes with a verdict at trial. It is crucial to select an experienced mesothelioma law firm that has experience obtaining maximum damages for their clients.
Mesothelioma lawsuits can be complex and require lawyers to conduct thorough research on the history of their clients' employment as well as medical records, and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be the cause of their condition. Lawyers can then gather evidence and use it to create a mesothelioma case that is strong and successful.
During depositions and discovery prior to trial mesothelioma lawyers may discover evidence of asbestos companies negligence. The evidence usually comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many cases these documents, it is clear that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related ailments, but did not divulge this information to their employees or to the general public.
Many states have set a time limit, known as a statute of limitations for how long asbestos-related victims can file a lawsuit. The length of time varies by state, but typically range between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma can be filed, victims will lose their right to compensation.
The amount of compensation victims will receive is based on the severity of their illness and their diagnosis as well as other factors. Attorneys consider the cost of treatment and other expenses when negotiating to ensure that patients have enough money to pay their medical bills. Asbestos victims may also be able to file claims through trust funds that have been established to help those diagnosed with mesothelioma or other asbestos-related diseases.
Certain trusts are exhausted, but others still pay huge amounts of money. In 2018 the United States court awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets produced by John Crane Inc.
Trials
Asbestos sufferers who go to trial have a greater chance of receiving compensation than those who accept an offer to settle. Trials can also help to resolve issues that cannot be resolved through settlement negotiations, such as differences in the method of calculating damages and if the victim's condition was caused by exposures specific to the victim.
In a court of law, plaintiffs will be required to prove that they are entitled damages, including past and future medical costs loss of wages, damages to property, pain and discomfort, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The process of trial is usually lengthy. In the last 10 years, jury awards for mesothelioma have increased dramatically and far exceeded the amount awarded by judges in settlement cases.
A mesothelioma lawyer can help victims understand how to proceed through the trial process and also explain their legal rights in a courtroom that is open to the public. A lawyer with experience can also assist in identifying potential defendants. As opposed to the litigation in car accidents where it is typically easy to identify the individuals involved, asbestos litigation can be more complex. This is particularly true if an individual 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 create a comprehensive database of the companies products, locations and other information.
The expense of settling asbestos claims eats up funds that could have been used to fund future cases. Additionally, some claimants believe that settlements are not basing on actual injuries and therefore deserve more compensation.
Plaintiffs in asbestos cases can seek to dismiss claims through summary judgment or a determination of no exposure. However these motions require an exhaustive review of the evidence and an expert's opinion that the measured doses of asbestos the plaintiff took were insufficient to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and avoid the case from becoming a burden in the courts.