Asbestos Litigation
In the courts across the country, asbestos litigation has been a major issue. Asbestos exposure is proven to cause lung diseases and damage through research.
It is essential for an attorney to know how to spot asbestos products in every case. This can be done by talking with co-workers, obtaining records, and analyzing samples from homes or work sites.
Liability
You may be entitled to compensation in the event that you or someone you know is diagnosed with a disease that is related to asbestos attorney (
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There are typically several defendants in a case involving asbestos because there are a variety of mining companies that made
asbestos compensation as well as manufacturers of products that contain
asbestos settlement. 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 who acted as employers could be held accountable for injuries suffered by victims.
Asbestos suits often fall under the law of product liability that are based on common and state laws which allow damages to be recouped from sellers of products when the products cause injuries. In a suit for product liability, it is alleged the injuries occurred due to the design defect or manufacturing error and that the person injured was not adequately warned about the dangers of the products.
The defendants in asbestos cases typically claim that they didn't act in a negligent way and that their products were safe, even though doctors have long acknowledged that the use of asbestos-containing products can cause various illnesses. Companies that hid asbestos dangers to increase profits were accused of cover-up. They tried to deny claims and block workers from claiming financial compensation for injuries they sustained.
A judge or jury may decide how to distribute the blame between defendants in cases where more than one defendant is identified as being responsible for an asbestos-related injury. This process is known as the apportionment. The apportionment does not affect the amount of compensation that the plaintiff is entitled to from the defendants.
Damages
A lawsuit brought against a company that manufactured or sold asbestos products can help victims receive compensation for their losses. This includes the cost of medical treatment and lost wages as a result of being unable to perform their job. Victims may also receive compensatory and punitive damages.
The lawsuit claims that the defendant acted negligently which means that it did not take reasonable precautions to ensure that the product was safe for its intended use. The lawsuit also asserts that the defendant knew that asbestos was a risk and failed to provide warnings to consumers and workers about the dangers.
The estates or victims of those who have passed away from asbestos-related diseases such as mesothelioma may bring an asbestos lawsuit. An individual can file a personal injury lawsuit to claim compensation for non-economic and economic damages, including emotional stress, loss of enjoyment of life as well as suffering and pain. Family members who have survived someone who has passed away due to an asbestos-related illness may also pursue a wrongful-death lawsuit.
After an asbestos case has been filed, the parties exchange information through the process known as discovery. This can last several months, and may require lengthy interviews with coworkers, relatives, abatement workers and others to determine potential defendants as well as their asbestos-related products.
Due to the complexity of asbestos litigation it is imperative that plaintiffs have an experienced lawyer handle their case. The law firm that a victim or their loved ones chooses must be aware of the complexities unique to asbestos litigation and should be recognized by insurance companies and defendants for its expertise in these cases.
Our lawyers are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are renowned for our ability to get the maximum amount of compensation for our clients.
Contact us for a no-obligation consultation for any questions regarding filing a lawsuit against asbestos. We are committed 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 nationwide. Contact us today to get started.
Settlements
When victims win their asbestos lawsuits, they get compensation from the companies who knowingly exposed them to dangerous substances. The money is meant to compensate the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also cover the pain and suffering.
Asbestos cases are usually settled instead of going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also reduce the negative publicity that can come when a verdict is handed down. It is important to hire an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients.
Mesothelioma cases are complicated and lawyers must conduct extensive research about their client's medical records as well as their work history and asbestos exposure. They can help clients identify asbestos-producing companies who may be responsible for the illness. The lawyers can then collect evidence to use in a mesothelioma lawsuit that is strong.
During pre-trial discovery, depositions and pre-trial depositions, mesothelioma lawyers can find evidence of asbestos-related companies' negligence. Evidence usually comes in the form internal memos, corporate documents and the testimony of former employees who worked with asbestos-containing materials. In many instances these documents, it is clear that asbestos manufacturers were aware of the risks of mesothelioma and other asbestos-related diseases, but did not disclose the information to their employees or to the general public.
Many states set time limitations which are known as statutes of limitation which determine how long an asbestos victim has to file a lawsuit. The time frames vary from state to state, but they typically vary between one and two years. If the statute of limitation expires before a case for mesothelioma is filed the victims will lose their right to receive compensation.
The amount of money that victims will receive is contingent upon their asbestos-disease diagnosis as well as how serious their condition is and other factors. Attorneys consider treatment costs and other expenses when trying to make sure that patients receive enough funds to cover medical expenses. Asbestos victims may also be able to claim through trust funds created for patients diagnosed with mesothelioma, asbestos-related diseases.
Some of these trusts have been closed, but others continue to pay substantial payouts. In 2018 the federal court granted $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma due to gaskets manufactured by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a higher chance of receiving compensation than those who accept a settlement offer. Trials can solve issues that aren't possible to resolve through settlement negotiations. For instance, there are differences in the calculation of damages and whether a victim's condition is caused by an exposure.