Asbestos Litigation
In the courts across the nation asbestos litigation has been a significant issue. Research has proved that exposure to asbestos can cause lung damage and disease.
An attorney should be able recognize asbestos in every case. This can be done by talking with co-workers in the office, collecting records, and taking samples from homes or work sites.
Liability
You could be eligible for compensation when you or someone you love is diagnosed with a health condition that is linked to asbestos. Compensation can assist with the loss of wages medical costs, and other costs that are associated with mesothelioma or an asbestos-related disease. 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 several defendants in asbestos cases due to the numerous mining companies that made asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who supplied services to mines or manufacturers that used asbestos or acted as employers could be held liable for injuries to victims.
Asbestos lawsuits are often categorized under laws governing product liability which are based on common and state laws that permit damages to be recovered from sellers of goods when they cause injuries. In a product liability suit it is claimed that the injuries were caused by the design defect or manufacturing error and that the injured person was not adequately warned of the dangers associated with the products.
In asbestos cases, defendants often claim that they did not do anything negligently and that their products were safe, despite the fact that doctors have long recognized that the use of asbestos-containing products is linked to various illnesses. Moreover, companies that hid asbestos's dangers in order to increase profits have been accused of covering up the issue by attempting to suppress claims and trying to prevent workers from seeking financial compensation for their injuries.
If more than one defendant is found liable for the victim's asbestos-related injuries the judge or jury could decide on how to divide the responsibility among them through a process known as the apportionment. The apportionment process does not alter the amount of money that the plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit against a business which manufactured or sold asbestos can assist victims to recover compensation. westminster asbestos lawyer includes the costs of medical treatment for their disease and lost wages because of being unable to work. Victims also may receive compensatory and punitive damages.
The lawsuit claims that the defendant acted negligently. This means that it failed to take reasonable steps to ensure the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was dangerous, but failed to inform consumers and workers of the danger.
An asbestos lawsuit could be filed by a victim, or the estate of a deceased person from an asbestos-related condition such as mesothelioma. A person can file a personal injury lawsuit to claim compensation for economic and non-economic damages, including emotional anxiety as well as loss of enjoyment life, and suffering and pain. In addition, the surviving family of someone who died from an asbestos-related illness can make a claim for wrongful death.
After an asbestos case is filed and a settlement is reached, both sides exchange information during the process known as discovery. This can last several months and may include extensive interviews with colleagues family members, abatement workers, relatives and others to discover potential defendants as well as their asbestos-related products.
It is important that plaintiffs have an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm a victim or their loved ones chooses must be aware of the complexities unique to asbestos litigation and be recognized by defendants and insurance companies for its experience in these cases.
Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are well-known for our expertise in obtaining the highest compensation for clients.
If you have any questions regarding filing an asbestos lawsuit, call us for a no-cost consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the country. Call or email us today to get started.
Settlements
When asbestos victims win their lawsuits, they receive compensation from companies who knew they exposed them to hazardous substances. This money is meant to assist the family members of the victim in the event of financial losses due to the asbestos exposure. Compensation can also be used to cover the cost of suffering and pain.
Asbestos cases are usually settled rather than going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case this way. Settlements can also prevent the negative publicity that can come with a verdict in a trial. It is important to hire an experienced mesothelioma law firm with experience in obtaining maximum damages for their clients.
Mesothelioma cases are complex, and attorneys must conduct extensive research into their client's medical records, work history, and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause for their condition. Lawyers can then collect evidence and use it to construct a solid mesothelioma lawsuit.
During depositions and discovery prior to trial mesothelioma lawyers are able to uncover evidence of asbestos-related companies negligence. Evidence usually comes in the form internal memos, corporate documentation and testimony from former employees who have been exposed to asbestos-containing materials. These documents typically show that asbestos producers knew about mesothelioma's dangers, and other asbestos-related diseases, but didn't tell their employees or the general public.
Many states set time limitations which are known as statutes of limitation, on how long an asbestos victim can make a claim. The length of time varies from state to state, but typically range between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, the victims lose their right to receive compensation.
The amount of compensation victims can receive is based on the severity of their condition, their diagnosis and other factors. Attorneys will consider the cost of treatment and other expenses during negotiations to ensure patients have enough money to pay for their medical bills. Asbestos victims may also file claims using trust funds which were created to pay compensation to those who have been diagnosed with mesothelioma, or other asbestos-related illnesses.
Some trusts are empty, while others still pay substantial awards. In 2018 an appeals court in the U.S. awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets made by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can also help in resolving issues that cannot be resolved through settlement negotiations, including differences in the method of calculating damages and whether the patient's condition was caused by specific exposures.
In a trial, plaintiffs must show that they are entitled to compensation, such as past and future medical expenses such as lost wages, property damages and pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The process of trial is usually long. In the last decade, jury awards for mesothelioma have increased significantly and have substantially exceeded the amount granted by judges in settlement cases.
A mesothelioma lawyer can help victims understand the process of trial and explain their legal right before a judge in a public courtroom. A qualified attorney can also help to identify potential defendants. In contrast to car accident litigation, where it is often easy to determine the responsible individuals involved, asbestos litigation are more complicated. This is particularly true if someone has been exposed to asbestos in more than one location and at different dates. A seasoned mesothelioma attorney will interview witnesses like coworkers, relatives, abatement workers and suppliers to create an extensive database of the companies as well as the locations of their products and.
The cost of resolving asbestos claims eats away funds that could have been used to fund future cases. Furthermore, some claimants believe that settlements should be just based on injuries that actually occurred and deserve more in compensation.
Defense attorneys can argue to dismiss asbestos claims through summary judgment or a finding that there was not an exposure. However these motions require an exhaustive review of the evidence and a professional opinion that the doses measured of asbestos that the plaintiff was exposed to were insufficient to cause mesothelioma. Although the process can be lengthy, a knowledgeable mesothelioma attorney can help accelerate the process and ensure that it does not be added to the long backlog of cases in courts.