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Asbestos Litigation

A large amount of asbestos legal-related cases have been handled in courts across the country. Asbestos exposure has been proven to cause lung damage and lung disease through research.

An attorney should be able identify asbestos in each case. This can be done through 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 may cover medical expenses, lost wages and other costs associated with mesothelioma. You may choose to make a claim or offer an agreement to the defendants.

There are usually multiple defendants in asbestos cases because there are a variety of 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. Furthermore, companies who provided services to mines or manufacturers that made use of asbestos or who were employers could be held responsible for injuries suffered by victims.

Asbestos lawsuits often fall under the legal category of law governing product liability, which is built on state and common laws that permit damages to be sought against manufacturers of products if the products cause injuries. In a product liability lawsuit where the injuries were caused by an ineffective design or fabrication, and that the victim was not adequately warned of the risks associated with the products.

Defendants in asbestos cases often claim that they did not act in a negligent manner and that their products were safe, despite the fact that doctors have long acknowledged that the use of asbestos-containing products is linked to different diseases. Companies who concealed asbestos-related dangers to increase profits were accused of cover-up, as they tried to block claims and keep workers from seeking the financial compensation they deserve for their injuries.

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

Damages

A lawsuit filed against a company that manufactured or sold asbestos-related products could aid victims in recovering compensation for the losses they suffered. This includes the cost for medical treatment and lost wages as a result of being unable to perform their job. Victims can also receive compensation and punitive damages.

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

An asbestos lawsuit may be filed by a person who has suffered the loss or the estate of a person who passed away due to an asbestos-related illness, like mesothelioma. A person can start a lawsuit claiming personal injury to seek compensation for damages arising from economic or other causes including emotional distress, pain and suffering, and loss of enjoyment of the life. Family members who have survived someone who has died from an asbestos-related disease can bring a wrongful death lawsuit.

When an asbestos lawsuit has been initiated, the parties exchange information via a process called discovery. This may take a few months and may include extensive interviews with colleagues or relatives, abatement employees and others to discover potential defendants and their asbestos-related products.

It is essential that plaintiffs have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm that a victim or their loved ones chooses must have an understanding of the particular complexities involved in asbestos litigation and be recognized by insurers and defendants for its expertise in these cases.

Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to get the maximum amount of compensation for our clients.

Contact us for a no-obligation consultation if you have any questions regarding filing a lawsuit against asbestos. 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 across the nation. Call or email us today to get started.

Settlements

If asbestos victims win their lawsuits, they receive compensation for the companies that exposed them to dangerous substances. The money is meant to provide the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also help with pain and suffering.

Asbestos cases are often settled instead of going to trial. This is because it's more affordable and easier for the defendant companies to settle the case this way. Settlements also avoid negative publicity that comes when a verdict is handed down. It is crucial to select an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex, and attorneys must do extensive research on their client's medical records, 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 and use it in a mesothelioma lawsuit that is strong.

During pre-trial discovery and depositions, mesothelioma lawyers can discover evidence of asbestos companies negligence. Evidence usually comes in the form internal memos, corporate documents, and statements of former employees who worked with asbestos-containing materials. These documents usually show that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related diseases however, they didn't tell their employees or the general public.

There are many states that set time limits also known as statutes or limitations on the time an asbestos victim must start a lawsuit. The length of time varies from state to state, but generally range between one and two years. If the statute of limitation expires before a case for mesothelioma can be filed, the victim will lose their right to receive compensation.

The amount of compensation victims will receive is based on the severity of their condition and their diagnosis as well as other factors. Attorneys take into account treatment costs and other costs when they negotiate to ensure that patients have enough money to pay for their medical bills. Asbestos victims may also file claims using trust funds that were established to compensate those who have been diagnosed with mesothelioma, or other asbestos-related diseases.

Some of these trusts have been depleted, but others still pay large amounts of money. For example, in 2018 an appeals court in the United States 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 a better option for asbestos victims than settlement offers. Trials can also help resolve issues that cannot be resolved through settlement negotiations, like differences in the method of calculating damages and whether the victim's condition resulted from specific exposures.

In a court of law, plaintiffs need to prove they have a right to damages, including past and future medical expenses, lost wages, damage to property as well as pain and discomfort and loss in consortium. In addition, the defendant must show that it is accountable for the asbestos-related injury. The trial process can be lengthy. In the last 10 years mesothelioma juries' awards have increased significantly and have significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer can help victims understand how to proceed during the trial procedure and will explain their rights under the law in an open courtroom. An experienced attorney can assist in identifying potential defendants. In contrast to car accident litigation where it's usually easy to identify the responsible individuals involved, asbestos litigation can be more complicated. This is particularly true when a person was exposed to more than one type of asbestos and in multiple places. A knowledgeable mesothelioma lawyer will interview witnesses, such as coworkers, relatives and abatement workers, to create an inventory of employers, products and locations.

The expense of settling asbestos claims eats away funds that could have been used to fund future cases. Furthermore, some claimants believe that settlements are not based on actual injuries and deserve more in compensation.

Plaintiffs can challenge dismissal of asbestos claims through the process of summary judgment, or by finding that there was not an exposure. However these motions require a thorough review of the evidence and a professional opinion that the measured doses of asbestos the plaintiff took did not cause mesothelioma. While the process could take a while, a seasoned mesothelioma lawyer can assist to accelerate the process and ensure that it does not be added to the long backlog of cases in the courts.