Asbestos Litigation
A substantial amount of asbestos litigation has been dealt with in courts across the country. Asbestos exposure has been shown to cause lung disease and damage through research.
It is vital for attorneys to know how to identify asbestos products in every case. This can be done through talking to co-workers, getting records, or analyzing samples taken from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related condition you could be qualified for compensation. Compensation can cover lost wages and medical expenses as well as other costs that are associated with mesothelioma or an asbestos-related illness. You can choose to make a claim or offer a settlement to the defendants.
There are typically several defendants in a case involving asbestos because there are a variety of mining companies that produced asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or who acted as employers could also be liable for injuries suffered by victims.
Asbestos-related lawsuits are often categorized under the legal category of law governing product liability, which is based on state and common laws that allow damages to be recouped from 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 manufacturing errors or a flawed design, and that the injured party was not properly warned of the dangers that could result from using the products.
In asbestos cases, defendants typically 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 are linked to a wide range of ailments. Companies that concealed asbestos risks to make profits were accused of cover-up as they sought to block claims and keep workers from seeking an amount of compensation for their injuries.
If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim, a jury or judge could decide how to split the blame between the defendants in a process referred to as the apportionment. The apportionment process does not affect the amount of compensation the plaintiff may receive from the defendants.
Damages
A lawsuit filed against a firm that manufactured or sold asbestos-related products could help victims recover compensation for their losses. This includes the cost for medical treatment and lost wages as a result of being unable their job. Victims could also be awarded compensatory and punitive damages.
The lawsuit claims that the defendant acted negligently, which means that it failed to take reasonable steps to ensure that the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was dangerous and failed to warn consumers and workers of this risk.
An asbestos lawsuit may be filed by a victim or the estate of a deceased person from an asbestos-related disease such as mesothelioma. A person can make a personal injury claim to claim compensation for economic and non-economic damages, including emotional anxiety, loss of enjoyment of life and pain and suffering. The surviving family members of those who have died due to an asbestos-related disease can bring a wrongful death lawsuit.
After an asbestos case has been initiated, the parties share information through the process of discovery. This may take a few months, and may require extensive interviews with co-workers family members, abatement workers, relatives and others to discover potential defendants as well as their asbestos-related products.
It is crucial that plaintiffs have an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm the victim, or their family, chooses must be able to comprehend the unique complexities of asbestos litigation. They should be recognized by insurance companies and defendants for its expertise.
Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability to secure the maximum amount of compensation to our clients.
Contact us for a free consultation if you have any questions regarding filing a lawsuit against asbestos. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us via email or phone today to get started.
Settlements
If asbestos victims prevail in their lawsuits, they are awarded compensation from companies that knowingly exposed them to hazardous substances. This money is meant to assist the victim and their family financially for the financial loss resulting from the asbestos exposure. Compensation may cover the cost of suffering and pain.
Asbestos cases usually settle rather than going to trial because it is less expensive and easier for defendant companies to resolve the matter this way. Settlements can also avoid the negative publicity that comes with a verdict at trial. It is important to hire mesothelioma lawyers who have experience in obtaining maximum damages on behalf of their clients.
bloomington asbestos lawsuit are complex and lawyers must do extensive research on the medical records of their clients, work history and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their condition. Lawyers can then gather evidence and use it to create a mesothelioma case that is strong and successful.
Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and discovery. Evidence typically is found in internal memos, corporate documents, and statements of former employees who been exposed to asbestos-containing materials. These documents typically show that asbestos producers were aware of mesothelioma's risks, and other asbestos-related illnesses however, they didn't tell their workers or the general public.
Many states set time limitations also known as statutes or limitations, on how long an asbestos victim has to bring a lawsuit. The time frames vary from state to state, but generally vary between one and two years. If the statute of limitations expires before a mesothelioma case is filed, the victims lose their rights to a fair settlement.
The amount of money that victims will receive is contingent upon the asbestos-related illness they have been diagnosed with the severity of their condition is, and other aspects. 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 might also be able to claim through trust funds that have been established for patients diagnosed with mesothelioma, asbestos-related illnesses.
Some of these trusts have been wiped out, but others continue to pay substantial awards. For example, in 2018, a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can also help resolve issues that aren't resolved through settlement negotiations, for instance differences in how to calculate damages and whether the patient's condition resulted from specific exposures.
In a court of law, plaintiffs will need to prove they are entitled to damages including future and past medical expenses loss of wages, damages to property or property, pain and discomfort and loss in consortium. The defendant must also prove its liability for the asbestos-related injuries. The process of trial is usually lengthy. In the past decade mesothelioma-related jury awards cases have risen dramatically and far exceeded the amount given to settlement cases by judges.
A mesothelioma attorney can help victims understand the trial process, and can explain their legal right before a judge in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it's usually easy to identify the individuals involved, asbestos litigation can be more complicated. This is especially true when the victim was exposed to more than one kind of asbestos and in multiple places. A knowledgeable mesothelioma lawyer will interview witnesses, such as family members, coworkers and abatement workers, to create a database of the companies, products and places.
There is a growing concern the cost of resolving claims of asbestos victims who have been in the past has a negative impact on funds which could be used to fund future cases. Many claimants also believe that settlements don't reflect the actual damage and that they should be compensated more.
In asbestos cases, defendants can fight to have claims dismissed through summary judgment or a conclusion of no exposure. These motions are, however, subject to an extensive examination of evidence as well as an expert's opinion that the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. While the process may be lengthy, a knowledgeable mesothelioma lawyer can assist to accelerate the case and make sure that it doesn't be added to the long backlog of cases in the courts.