Asbestos Litigation
A significant amount of asbestos-related litigation has been handled in courts across the country. Research has proved that exposure to asbestos can cause lung damage and illness.
An attorney should be able identify asbestos in every case. This can be accomplished by discussing with colleagues, obtaining records, or analyzing samples from homes or workplaces.
Liability
You could be eligible for compensation if you or someone you care about is diagnosed with a condition related to asbestos. Compensation can pay for medical expenses, lost wages as well as other expenses associated with mesothelioma. You can make a claim for compensation or an offer of settlement from the defendants in the case.
In asbestos cases, there are usually several defendants since there are a variety of mining companies that produce asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that offered services to mines or manufacturers who used asbestos, or acted as employers could be held accountable for injuries sustained by victims.
Asbestos suits typically fall under laws governing product liability which are based on state and common laws that allow for damages to be recovered from the sellers of products if the products cause injuries. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or a defective design, and the injured party wasn't adequately warned of the dangers that could result from using 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 known for a long time that asbestos-containing products have been linked to a wide range of ailments. Companies that hid asbestos risks to boost profits were accused of a cover-up. 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 liable for the asbestos-related injuries sustained by a victim, a jury or judge could decide how to split the blame between them through a process known as allocation. The apportionment doesn't alter the amount of compensation that the plaintiff may receive from the defendants.
Damages
A lawsuit against a business that produced or sold asbestos could help victims recover compensation. This includes the cost of medical treatment and lost wages as a result of being unable their job. Victims may also receive punitive and compensatory damages.
The lawsuit alleges that the defendant acted negligently in that it failed to take reasonable care to ensure the product was safe for its intended use. It is also claimed that the defendant knew asbestos was a risk and failed to warn workers and consumers of this risk.
A victim or the estates of those who have passed away from asbestos-related diseases such as mesothelioma are able to make an asbestos lawsuit. A person may make a claim for personal injury to claim compensation for other and economic damages like emotional distress or pain and suffering and loss of enjoyment the life. Family members who have survived someone who has died from an asbestos-related condition can bring a wrongful death lawsuit.
Once an asbestos case has been filed the parties exchange information during a process called discovery. It can take several months, and may require extensive interviews with colleagues, relatives, abatement workers and others to discover possible defendants and their asbestos-related products.
Due to the complexity of asbestos litigation it is crucial that plaintiffs choose a seasoned lawyer handle their case. The law firm a victim or their family chooses must be able to comprehend the unique complexities of asbestos litigation. They should also be acknowledged by insurance companies and defendants for their experience.
Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our expertise in obtaining maximum compensation for clients.
Contact us for a complimentary consultation if you have any questions regarding filing a lawsuit against 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 throughout the nation. Contact us by email or phone now to get started.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation from companies that knew about and exposed them to dangerous substances. The money is intended to help the victim's family and friends with financial losses resulting from the asbestos exposure. Compensation can also cover the cost of suffering and pain.
Asbestos cases are often settled rather than going to trial, because it is cheaper and easier for defendants to settle the matter in this manner. Settlements also help avoid negative publicity that may come when a verdict is handed down. It is crucial to select mesothelioma attorneys who have expertise in obtaining the highest amount of damages on behalf of their clients.
Mesothelioma lawsuits can be complex and require lawyers to conduct extensive research into their client's past work history, medical records and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be the cause of their condition. The lawyers can then collect evidence to use in a mesothelioma lawsuit that is strong.
Mesothelioma attorneys can uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence typically is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In virginia beach asbestos attorney , it is clear that asbestos manufacturers were aware of the dangers of mesothelioma as well as other asbestos-related diseases but didn't disclose the information to their employees or the general public.
Many states set time limitations which are known as statutes of limitation which determine how long an asbestos victim has to start a lawsuit. The length of time varies by state, but usually range from one to two years. If the statute of limitations expires before a case for mesothelioma can be filed, victims will lose the right to receive compensation.
The amount of money that patients can receive is contingent on the diagnosis of their asbestos-related disease and how severe their condition is, and other factors. Attorneys look at treatment costs and other costs when they negotiate to ensure patients have enough money to pay for their medical bills. Asbestos-related victims may also be able to claim through trust funds set up for those diagnosed with mesothelioma or other asbestos-related diseases.
Some of these trusts have dwindled, however others continue paying out substantial payouts. For instance, in 2018 the federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured by John Crane Inc.
Trials
Asbestos victims who attend trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that are not resolved 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 trial, plaintiffs must show that they are entitled to damages, such as past and future medical expenses such as lost wages, property damages, pain and suffering, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The process of trial can be lengthy. In the past decade mesothelioma cases, jury verdicts cases have increased dramatically and far exceeded the amount awarded to settlement cases by judges.
A mesothelioma lawyer can assist patients understand how to proceed during the trial process and also explain their legal rights in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complicated than litigation involving car accidents, where it is usually easy to identify responsible parties. This is especially true if someone was exposed more than one kind of asbestos at multiple locations. An experienced mesothelioma attorney is able to interview witnesses such as co-workers and relatives, abatement workers and suppliers to compile a detailed list of companies, products and locations.
The cost of resolving asbestos claims drains funds which could be used to pay future cases. Furthermore, some claimants believe that settlements should be founded on actual injuries and therefore deserve more compensation.
Plaintiffs in asbestos cases can seek to dismiss claims through the process of summary judgment or by a finding of no exposure. However, these motions require an exhaustive review of the evidence and an expert's view that the measured doses of asbestos that the plaintiff was exposed to did not cause mesothelioma. Although the process can take time, a skilled mesothelioma lawyer can help accelerate the case and ensure that it doesn't become part of the aforementioned long backlog of cases in the courts.