Asbestos Litigation
A significant amount of asbestos cases have been handled in courts across the nation. Research has proven that exposure to asbestos can cause lung damage as well as disease.
It is essential for attorneys to know how to spot asbestos products in every case. This can be done by chatting with colleagues in the office, collecting records, and studying samples from home or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related disease you could be eligible for compensation. Compensation can assist with the loss of wages medical expenses, as well as other costs related to mesothelioma and other asbestos-related illness. You can start a lawsuit to claim compensation or make an offer to settle the case with the defendants in the case.
In asbestos cases, there are typically multiple defendants because there are numerous mining companies that manufacture asbestos and manufacturers of 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 who used asbestos, or who were employers could be held accountable for the victims' injuries.
Asbestos lawsuits usually fall under the legal category of product liability law, which is built on state and common laws that allow damages to be recouped from sellers of products if those products cause injuries. In a product liability suit, it is alleged the injuries were caused due to the design defect or manufacturing error and that the victim was not adequately warned about the dangers of the products.
In asbestos cases, defendants usually argue that they were not negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products are linked to a wide range of ailments. In addition, companies who concealed asbestos's dangers in order to increase profits have been accused of concealing the truth by trying to thwart claims and trying to stop workers from seeking financial compensation for their injuries.
If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim, a judge or jury may determine how to divide the blame between them through a process known as apportionment. The apportionment process does not alter the amount of compensation that the plaintiff can receive from the defendants.
Damages
A lawsuit against a business that produced or sold asbestos can help victims receive compensation. This includes the cost of medical treatments for their condition and lost wages due to inability to work. Victims also may receive compensatory and punitive damages.
The lawsuit alleges that the defendant acted negligently. This means that it did not take reasonable steps to ensure the product was safe for its intended use. The lawsuit also alleges that the defendant knew asbestos could be dangerous and failed inform consumers and workers about this risk.
A person who has been a victim or the estates of those who have passed away from asbestos-related illnesses like mesothelioma can file an asbestos lawsuit. A person may bring a lawsuit for personal injury to claim compensation for economic and other damages like emotional distress, pain and suffering, and loss of enjoyment of the life of. Additionally, the surviving family members of someone who passed away from an asbestos-related disease can bring a wrongful death lawsuit.
After an asbestos lawsuit is filed the parties exchange information during a process known as discovery. This may take a few months and could require extensive interviews with colleagues and relatives, abatement workers and others in order to identify potential defendants and asbestos-related products.
It is essential that plaintiffs have an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm that a victim or their family chooses have an understanding of the unique complexities of asbestos litigation and be recognized by defendants and insurance companies for its experience in these cases.
Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our ability to get maximum compensation for our clients.
Contact us for a free consultation for any questions about filing a lawsuit involving 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 from all over the country. Contact us via email or phone today to start your journey.
Settlements
When asbestos victims win their lawsuits, they receive compensation from the companies that exposed them to dangerous substances. The money is intended to assist the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation can also be used to cover pain and suffering.
Asbestos lawsuits are often settled rather than going to trial. This is because it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements also avoid negative publicity that may come when a verdict is handed down. It is crucial to select a mesothelioma lawyer who has years of experience in obtaining maximum damages on behalf of their clients.
Mesothelioma lawsuits are complicated and require attorneys to conduct thorough research on their client's work history, medical records and asbestos exposure. They can help clients identify asbestos-producing companies who may be responsible for the condition. The lawyers can then collect evidence and use it to build a mesothelioma-related case that is a solid one.
During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers are able to uncover evidence of asbestos-related companies' negligence. The evidence typically is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. These documents usually show that asbestos producers knew about mesothelioma's risks, and other asbestos-related diseases however, they didn't tell their workers or the general public.
Many states have set a limit, known as a statute of limitations, to determine how long asbestos-related victims can bring a lawsuit. These deadlines vary from state to state but are typically between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, the victims lose their right to be compensated.
The amount of compensation victims receive is contingent upon the severity of their condition, their diagnosis and other factors. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure patients have enough funds to pay their medical bills. Asbestos sufferers can also file claims using trust funds, which were created to compensate those who have been diagnosed with mesothelioma and other asbestos-related ailments.
Some trusts are exhausted, but others continue to award substantial awards. In 2018, a federal court granted $70 million to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets produced by John Crane Inc.
Trials
Asbestos victims who go to trial have a much better 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 example, there could be differences in the calculation of damages and whether the condition of a victim is due to a specific exposure.
In a court of law, plaintiffs be required to prove that they are entitled to damages including past and future medical costs, lost wages, damage to property as well as discomfort and pain and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process is often lengthy. In the past decade mesothelioma cases, jury verdicts cases have risen significantly, and are far more than the amount given to settlement cases by judges.
fargo asbestos lawyer can help victims understand the process of trial, and can explain their legal right before a judge in a public courtroom. A lawyer with experience 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 a person has been exposed to asbestos in more than one place and at different dates. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, or abatement workers, to compile an inventory of companies, products and locations.
There is growing concern that the expense of settling claims of asbestos victims who have been in the past is draining funds which could be used to fund future cases. Some claimants also believe that settlements do not accurately reflect their actual injuries and therefore they are entitled to more compensation.
In asbestos cases, defendants can contest claims to dismiss them by summary judgment or a finding of no exposure. However these motions require an in-depth review of the evidence and a professional opinion that the measured doses of asbestos that the plaintiff was exposed to did not cause mesothelioma. A mesothelioma attorney can help accelerate the process and keep the case from becoming a part of the backlog in the courts.