April Goldstein asked 4 months ago
Asbestos Litigation
A large amount of asbestos-related cases have been handled in courts across the country. Research has shown that asbestos exposure can cause lung damage and disease.
An attorney should be able to recognize asbestos in each case. This can be done by talking to co-workers, getting records, or analyzing samples from homes or asbestos attorney workplaces.
Liability
You could be eligible for compensation when you or someone you love is diagnosed with a disease related to asbestos. Compensation may help pay for lost wages and medical expenses as well as other costs related to mesothelioma and other asbestos-related disease. You can start a lawsuit to claim compensation or make an offer of settlement to the defendants in the case.
There are usually several defendants in a case involving asbestos because there are many mining companies that produced asbestos compensation and also the manufacture of products that contain Asbestos attorney. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who offered services to mines or manufacturers that made use of asbestos or acted as employers could be held responsible for injuries to victims.
Asbestos-related lawsuits are often categorized under the legal category of product liability law which is built on state and common laws that allow damages to be recovered against producers of products if those products cause injury to. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or a defective design, and the person who suffered injury was not properly warned of the risks that came with using the products.
The defendants in asbestos cases typically claim that they did not behave in a negligent way and that their products were safe, even though doctors have long acknowledged that the use of asbestos-containing items is linked to different diseases. Moreover, companies that hid asbestos’s dangers to increase profits have been accused of attempting to cover up in attempting to block claims and attempting to prevent workers from seeking financial compensation for their injuries.
A jury or judge can decide on how to split the burden of responsibility between defendants if more than one defendant has been blamed for an asbestos-related injury. This process is referred to as the apportionment. The apportionment does not affect the amount of compensation the plaintiff can receive from the defendants.
Damages
A lawsuit brought against a firm that manufactured or sold asbestos-related products could aid victims in recovering compensation for the losses they suffered. This includes the cost of medical treatments for their condition, as well as lost earnings due to the inability to work. Victims also may receive compensatory and punitive damages.
The lawsuit asserts that the defendant acted negligently, meaning that it didn’t take reasonable steps to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew that asbestos was a risk and failed to in educating 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 diseases such as mesothelioma can bring an asbestos lawsuit. A person may bring a lawsuit for personal injury to claim compensation for other and economic damages that include emotional distress and pain and suffering and loss of enjoyment of the life. In addition, the survivor family of someone who died from an asbestos-related disease may file a wrongful death lawsuit.
Once an asbestos case has been filed and a settlement is reached, both sides share information in the process known as discovery. This process can last some time and may require interviews with coworkers, family members, abatement workers, and others to identify potential defendants.
It is important that plaintiffs have an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm that a victim, or their family, chooses must understand the unique complexities of asbestos litigation. They should be recognized 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 skill to obtain the maximum amount of compensation for clients.
If you have questions about filing an asbestos lawsuit, contact us for a free consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the country. Contact us via email or phone now to get started.
Settlements
If asbestos victims win their cases, they receive compensation for the companies who exposed them to hazardous substances. This money is meant to assist the family of the victim with the financial burdens resulting from the asbestos exposure. Compensation can be used to cover the suffering and pain.
Asbestos cases tend to settle instead of going to trial, as it is less expensive and easier for defendants to settle the matter in this manner. Settlements can also avoid the negative publicity that comes with a verdict in a trial. It is essential to choose mesothelioma lawyers who have expertise in obtaining the highest amount of damages on behalf of their clients.
Mesothelioma cases are extremely complex, and attorneys must conduct extensive research about their clients’ medical records as well as their work history and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their illness. 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. Evidence usually comes in the form internal memos, corporate documents, and the testimony of former employees who worked with asbestos-containing products. These documents typically show that asbestos producers were aware of mesothelioma’s dangers, and other asbestos-related illnesses however, they didn’t tell their workers or the general public.
Many states set time limitations, called statutes of limitations that define how long an asbestos victim can bring a lawsuit. The durations vary by state, but generally vary from one to two years. If the statute of limitations expires before a mesothelioma case is filed, the victims lose their right to a fair settlement.
The amount of compensation that victims can receive is based on the severity of their condition as well as their diagnosis and other factors. Attorneys take into account the cost of treatment and other expenses when negotiating to ensure that patients have enough funds for their medical bills. Asbestos victims may also file claims with trust funds that were established in order to compensate those who’ve been diagnosed with mesothelioma, or other asbestos-related ailments.
Some of these trusts have been exhausted, but others continue to award huge amounts of money. In 2018 an appeals court in the U.S. awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc.
Trials
Asbestos victims who attend trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can resolve issues that are not resolvable through settlement negotiations. For example, differences in the calculation of damages, and whether a victim’s condition is caused by a particular exposure.
In a court of law, plaintiffs will have to prove that they are entitled to damages including future and past medical costs, lost wages, damage to property, pain and discomfort, and loss in consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injuries. The trial process is typically lengthy. In the last 10 years mesothelioma-related jury awards cases have increased significantly, and are far more than the amount awarded to settlement cases by judges.
A mesothelioma lawyer can assist victims understand the process of trial, and can explain their legal right in a courtroom that is open to the public. A licensed lawyer can assist in identifying potential defendants. As opposed to the litigation in car accidents which is usually easy to identify the responsible individuals involved, asbestos litigation can be more complicated. This is especially true when someone has been exposed to asbestos in more than one place and at different times. An experienced mesothelioma lawyer is able to interview witnesses, including relatives, coworkers, and abatement workers to compile an inventory of the companies, products and places.
There is a growing concern that the cost of resolving claims of asbestos victims from the past has a negative impact on funds which could be used to fund future cases. Many claimants also believe that settlements don’t accurately reflect their actual injuries and therefore they are entitled to a higher amount of compensation.
In asbestos cases, defendants can seek to dismiss claims through the process of summary judgment or by a finding of no exposure. These motions require an in-depth examination of the evidence as well as an expert’s assessment that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. While the process may take a while, a seasoned mesothelioma attorney can help accelerate the process and ensure that it does not become part of the lengthy queue of cases that are awaiting the courts.