Elaine Catchpole asked 4 months ago
A substantial amount of asbestos-related litigation has been dealt with in courts across the country. Asbestos exposure is proven to cause lung diseases and damage through research.
It is vital for an attorney to understand how to recognize asbestos-related products in each case. This can be done by talking with co-workers collecting records, or taking samples from homes or workplaces.
Liability
You could be eligible for compensation If you or someone you know is diagnosed with a health condition that is linked to asbestos. Compensation can help with lost wages medical expenses, as well as other expenses associated with mesothelioma or another asbestos-related illness. You may choose to make a claim or offer an agreement to the defendants.
There are usually many defendants in asbestos cases because there are a variety of mining companies who produced asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that offered services to mines or manufacturers that used asbestos or who acted as employers could be held accountable for injuries suffered by victims.
Asbestos lawsuits are often categorized under product liability laws that are based upon common and state laws which allow damages to be recovered from the sellers of products if the products cause injury. In particular, in a liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or a defective design, and the person who suffered injury was not properly warned of the dangers associated with using the products.
In asbestos cases, defendants usually assert 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 can lead to a myriad of illnesses. Moreover, companies that hid asbestos’s risks to boost profits have been accused of attempting to cover up by trying to thwart claims and trying to stop workers from seeking compensation for their injuries.
A judge or jury can decide how to distribute the blame between defendants in cases where more than one defendant has been identified as being responsible for an asbestos-related injury. This process is referred to as the apportionment. The apportionment of liability will not affect the total amount of money that the plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit filed against a firm that manufactured or sold asbestos products can help victims receive compensation for their losses. This includes the cost of medical treatments for their disease, as well as lost earnings due to the inability to work. Victims may also be eligible for compensatory and punitive damages.
The lawsuit claims that the defendant acted negligently in that it failed to take reasonable precautions to ensure that the product was safe for the intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to warn consumers and workers of this risk.
An asbestos lawsuit may be filed by a victim or estate of a deceased person from an asbestos-related condition such as mesothelioma. An individual can start a personal injury suit to seek compensation for economic and non-economic damages, including emotional anxiety and loss of enjoyment of life, and suffering and pain. Additionally, the surviving family members of a deceased person due to an asbestos-related illness may bring a wrongful death lawsuit.
After an asbestos lawsuit is filed and the parties communicate information through a process called discovery. It can take several months and may involve extensive interviews with colleagues or relatives, abatement employees, and others to identify potential defendants as well as their asbestos-related products.
Due to the complicated nature of asbestos litigation it is essential that plaintiffs choose a seasoned lawyer handling their case. The law firm a victim or their family chooses to work with should be aware of the unique complexities involved in asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in asbestos cases.
Our lawyers are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are known for our ability to secure the maximum amount of compensation for our clients.
Contact us for a free consultation If you have any concerns about filing a lawsuit involving asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us today to begin.
Settlements
When asbestos victims win their lawsuits, they get compensation from companies that knew about and exposed them to dangerous substances. This money is meant to assist the victim and their family financially for the financial loss resulting from the asbestos exposure. Compensation can be used to cover the suffering and pain.
Asbestos cases are often settled rather than going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements also prevent negative publicity that can come with a verdict at trial. It is crucial to find mesothelioma lawyers who have expertise in obtaining the highest amount of damages on behalf of their clients.
Mesothelioma lawsuits are complicated and require attorneys to conduct extensive research into their client’s past work history, medical records, and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause of their condition. Lawyers can then gather evidence and use it in a strong mesothelioma case.
Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence typically comes from internal memos, corporate documentation and the testimony of former employees who worked with asbestos-containing material. In many instances the documents prove that asbestos manufacturers were aware of mesothelioma’s risks and other asbestos-related illnesses but did not disclose this information to their workers or to the general public.
Many states have set a limit, also known as a statute of limitations for how long asbestos victims can sue. The length of time varies between states, but typically range between one and two years. If the statute of limitation expires before a suit for mesothelioma is filed victims will lose the right to compensation.
The amount victims receive will depend on their asbestos-disease diagnosis, how severe their condition is, as well as other aspects. Attorneys consider treatment costs and other expenses when negotiations to ensure that patients have enough funds for their medical bills. Asbestos victims can also file claims with trust funds, which were created in order to compensate those who’ve been diagnosed with mesothelioma or any other asbestos-related diseases.
Certain trusts are exhausted, but others still pay large amounts of money. For instance, in the year 2018 the federal jury awarded $70 million to the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc.
Trials
Trials are an option that is better for asbestos compensation victims than settlement offers. Trials can resolve issues that are not easily resolved 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 will be required to prove that they are entitled to damages, including past and future medical costs as well as lost wages, damage to property or property, pain and discomfort and loss in consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial can take a long time. In the last 10 years mesothelioma cases, jury verdicts cases have increased significantly, and are far more than the amount of money awarded to settlement cases by judges.
A mesothelioma lawyer can assist victims understand what to do in the trial procedure and will explain their legal rights in a public courtroom. A qualified attorney can also assist in identifying potential defendants. Asbestos cases can be more complicated than car accident litigation where it is generally easy to identify responsible parties. This is particularly true if an individual has been exposed to asbestos in multiple places and at different times. A mesothelioma lawyer with experience can interview witnesses like coworkers, relatives, abatement workers and suppliers to compile an extensive database of employers as well as their products and locations.
There is a growing concern that the expense of settling claims from past asbestos victims is consuming funds that could be used to fund future cases. In addition, some claimants believe that settlements are not basing on actual injuries and should be compensated more.
In asbestos cases, defendants can seek to dismiss claims through summary judgment or asbestos lawsuit a finding of no exposure. These motions require an exhaustive examination of the evidence as well as an expert’s assessment that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and avoid the case from becoming a burden in the courts.