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Asbestos Litigation

A large amount of asbestos litigation has been dealt with in courts across the country. Asbestos exposure is proven to cause lung damage and lung disease through research.

It is crucial for attorneys to know how to recognize asbestos-related products in every case. This can be accomplished by talking to colleagues, collecting reports, or looking at samples from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related condition, you may be entitled to compensation. Compensation can be used to pay for lost wages, medical costs as well as other expenses associated with mesothelioma. You can start a lawsuit to claim compensation or make an offer to settle the case with the defendants in the case.

There are typically multiple defendants in an asbestos case because there are many mining companies that made asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that provided services to mines, or manufacturers who used asbestos or who were employers could be held responsible for the victims' injuries.

Asbestos lawsuits are often categorized under product liability laws that are based on common and state laws that permit damages to be recovered from sellers of products when those products cause injuries. In a product liability suit it is claimed that the injuries occurred due to defective design or manufacturing and that the person injured wasn't adequately warned about the dangers associated with products.

Defendants in asbestos cases often claim that they did not act in a negligent manner and that their products are safe, despite the fact that doctors have long recognized that the use of asbestos-containing items is linked to different diseases. In addition, companies who concealed the risks of asbestos to increase profits have been accused of engaging in a cover-up in attempting to block claims and attempting to prevent workers from seeking financial compensation for their injuries.

If more than one defendant is found to be responsible for the victim's asbestos-related injuries, a jury or judge could decide how to split the responsibility between them through a process known as the apportionment. The apportionment does not alter the amount of compensation that plaintiffs can receive from the defendants.

Damages

A lawsuit against a company which manufactured or sold asbestos could help victims recover compensation. This includes the cost for medical treatment and lost wages as a result of being unable their job. Victims may also receive compensatory and punitive damages.

The lawsuit alleges that the defendant acted with negligence which means that it did not take reasonable precautions to ensure the product was safe for the intended use. The lawsuit also claims that the defendant knew that asbestos could be dangerous, but failed to provide warnings to consumers and workers about the risk.

An asbestos-related lawsuit can be filed by a victim or estate of a deceased person from an asbestos-related disease like mesothelioma. An individual can make a personal injury claim to claim compensation for economic and non-economic damages, including emotional suffering and loss of enjoyment of life as well as suffering and pain. In addition, the survivor family members of a deceased person due to an asbestos-related illness may bring a wrongful death lawsuit.

Once an asbestos case has been filed, the parties exchange information in a process called discovery. This may take a few months and could require extensive interviews with colleagues, relatives, abatement workers and others to determine possible defendants and their asbestos lawyer-related products.

Due to the complexity of asbestos litigation it is important that plaintiffs choose a seasoned lawyer handle their case. The law firm the victim or their family chooses should understand the unique complexities of asbestos litigation. They should also be acknowledged by insurance companies and defendants for their experience.

Our lawyers are asbestos litigation experts with years of experience representing asbestos victims and their families. We are known for our ability in obtaining maximum compensation for our clients.

If you have questions about filing an asbestos suit, contact us for a no-cost consultation. We are committed 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 throughout the United States. Contact us today to get started.

Settlements

If asbestos victims prevail in their cases, they receive compensation for the companies who exposed them to hazardous substances. The money is intended to assist the victim and their family financially for the financial loss resulting from the asbestos exposure. Compensation can also cover the pain and suffering.

Asbestos cases are often settled instead of going to trial, as it is less expensive and easier for defendant companies to settle the case in this way. Settlements also reduce the negative publicity that comes when a verdict is handed down. It is important to hire an experienced mesothelioma lawyer that has experience obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex and lawyers must conduct extensive research about their clients' medical records and work history as well as asbestos exposure. They can help clients identify potential asbestos claim-producing companies that could be responsible for their illness. Lawyers can gather evidence and use it to build an effective mesothelioma suit.

Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and discovery. The evidence usually comes in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many instances the documents prove that asbestos producers knew about the risks of mesothelioma and other asbestos-related diseases but didn't disclose this information to their employees or to the public.

Many states have set a time limit, referred to a statute of limitations, on the length of time asbestos victims can bring a lawsuit. The length of time varies by state, but usually range from one to two years. If the statute of limitation expires before a suit for mesothelioma can be filed, the victim will lose their right to compensation.

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, as well as other factors. Attorneys look at treatment costs and other expenses during negotiations to ensure patients have enough funds to pay their medical bills. Asbestos victims can also file claims using trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related illnesses.

Some trusts are closed, while others still pay huge amounts of money. In 2018, a federal court gave $70 million to the relatives 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 much better chance of receiving compensation than those who accept an offer to settle. Trials can also help settle issues that aren't resolved through settlement negotiations, like differences in the method of calculating damages and whether the victim's condition was caused by exposures specific to the victim.

In a trial the plaintiffs have to prove that they are entitled to damages, such as past and future medical expenses such as loss of earnings, property damage, pain and suffering, and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial process is often long. In the last decade mesothelioma jury awards have risen dramatically and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma attorney can help victims understand the trial process, and can explain their legal rights in an open courtroom. A licensed lawyer can assist in identifying potential defendants. Contrary to litigation involving car accidents, where it is often easy to identify the parties involved, asbestos cases are more complicated. This is especially the case when a person was exposed to more than one type of asbestos and at multiple locations. A mesothelioma lawyer with experience can interview witnesses, such as coworkers, relatives, abatement workers and suppliers to compile a detailed database of employers as well as the locations of their products and.

There is a growing concern the cost of resolving claims from asbestos victims in the past has a negative impact on funds that could be used to pay for future cases. Furthermore, some claimants believe that settlements are not founded on actual injuries and should be compensated more.

Defendants in asbestos cases can contest claims to dismiss them by summary judgment or a conclusion of no exposure. However these motions require a thorough review of the evidence and an expert's opinion that the measured doses of asbestos the plaintiff received were insufficient to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and avoid the case from becoming part of the backlog in the courts.