Asbestos Litigation
In courts all over the nation, asbestos litigation has been a major issue. Asbestos exposure has been proven to cause lung damage and lung disease through research.
It is essential for an attorney to understand how to identify asbestos products in every case. This can be accomplished by discussing with colleagues, obtaining documents, or by analyzing samples taken from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related condition, you may be eligible for compensation. Compensation can help with lost wages medical expenses, as well as other costs associated with mesothelioma, or any other asbestos-related disease. You can make a claim for compensation or an offer to settle the case with the defendants in the case.
In asbestos cases, there are generally multiple defendants as 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. Companies that offered services to asbestos-using mines, manufacturers or acted in the capacity of an employer may also be accountable for the injuries of victims.
Asbestos-related lawsuits are often categorized under the legal category of product liability law, which is based on state and common laws that permit damages to be sought against sellers of products if those products cause injuries. In particular, in a liability lawsuit, it is claimed that the injuries were caused due to a flawed or a flawed design, and that the person who suffered injury was not adequately warned about the risks associated with using the products.
Defendants in asbestos cases often argue that they did not act in a negligent manner and that their products are safe, despite the fact that doctors have long recognized that asbestos-containing items is linked to different diseases. Companies that concealed asbestos risks to boost profits were accused of a cover-up, and they attempted to thwart claims and stop workers from seeking financial compensation for injuries they sustained.
If more than one defendant is found to be liable for a victim's asbestos-related injuries, a judge or jury may determine how to divide the burden of responsibility among them in a process called the apportionment. The apportionment does not affect the amount of compensation that plaintiffs can receive from the defendants.
Damages
A lawsuit against a company that produced or sold asbestos can help victims receive compensation. This includes the cost of medical treatment for their illness and the loss of earnings due to the inability to work. Victims also may receive compensatory and punitive damages.
The lawsuit claims that the defendant acted with negligence which means that it did not use reasonable care to ensure that the product was safe for the intended use. It is also claimed that the defendant knew asbestos was dangerous, but failed to warn consumers and workers of the danger.
An asbestos lawsuit may be filed by a person who has suffered the loss or the estate of a person who has died from an asbestos-related condition like mesothelioma. A person can bring a lawsuit for personal injury to seek compensation for financial and other damages like emotional distress, pain and suffering, and loss of enjoyment of the life of. Additionally, the surviving family members of a person who died from an asbestos-related disease may pursue a wrongful-death lawsuit.
When an asbestos lawsuit is initiated, the parties share information through a process called discovery. This can last several months and may involve lengthy interviews with coworkers family members, abatement workers, relatives and others to determine potential defendants as well as their asbestos-related products.
It is important that plaintiffs have an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm a victim or their family chooses should understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their experience.
Our lawyers are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are renowned for our ability to obtain the highest amount of compensation for our clients.
If you have questions about filing an asbestos lawsuit, call us for a free consultation. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us by phone or email now to get started.
Settlements
If asbestos victims win their cases, they receive compensation for the companies which exposed them to harmful substances. The money is intended to provide the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also cover suffering and pain.
Asbestos cases often settle rather than go to trial, because it is easier and cheaper for defendants to settle the case in this way. Settlements can also prevent the negative publicity that can come when a jury verdict is handed down. It is crucial to find mesothelioma lawyers who have expertise in obtaining the highest amount of damages for their clients.
Mesothelioma cases are incredibly complex and lawyers must conduct extensive research about their client's medical records, work history and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be responsible for the condition. Lawyers can then gather evidence and use it in an effective mesothelioma case.
santa maria asbestos lawsuit can uncover evidence that asbestos companies were negligent during depositions and discovery. Evidence typically comes from internal memos, corporate documentation and the testimony of former employees who worked with asbestos-containing products. These documents usually show that asbestos producers knew about mesothelioma's risks, and other asbestos-related illnesses but did not inform 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 bring a lawsuit. The length of time varies by state, but typically vary between one and two years. If the statute of limitations expires before a mesothelioma case is filed, victims lose their right to be compensated.
The amount patients can receive is contingent on the diagnosis of their asbestos-related disease and how severe their condition is and other factors. Attorneys consider treatment costs as well as other expenses in negotiations to ensure patients have enough money to pay for their medical bills. Asbestos victims may also be able to file claims through trust funds established for patients diagnosed with mesothelioma and other asbestos-related illnesses.
Certain trusts are closed, while others continue to award huge amounts of money. For instance, in 2018 an appeals court in the United States awarded $70 million to the family of the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets produced by John Crane Inc.
Trials
Trials are the best option for asbestos victims than settlement offers. Trials can resolve issues that are not possible to resolve through settlement negotiations. For instance, there are differences in the calculation of damages and whether a victim's condition is caused by a specific exposure.
In a court trial the plaintiffs have to prove 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 trial process can be lengthy. In the last 10 years mesothelioma juries' awards have risen significantly and have substantially exceeded the amount granted by judges in settlement cases.
A mesothelioma lawyer can help victims understand the trial process, and can explain their legal right before a judge in a public courtroom. An experienced attorney can assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident litigation, where it is generally easy to identify the responsible parties. This is especially true when a person was exposed to more than one kind of asbestos and in various locations. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, and abatement workers, to compile a database of companies, products and places.
The cost of resolving asbestos claims eats up funds that could be used to pay future cases. Many claimants also believe that settlements don't reflect actual injuries, and they are entitled to more compensation.
Defendants in asbestos cases can fight to have claims dismissed through the process of summary judgment or by a finding of no exposure. These motions are, however, subject to a thorough examination of the evidence and an expert's opinion on whether the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. An attorney for mesothelioma can help speed up the process and stop the case from becoming part of the backlog in the courts.