Asbestos Litigation
In the courts across the nation, asbestos litigation has been a major problem. Asbestos exposure has been proved to cause lung damage and lung disease by research.
An attorney should be able identify asbestos in each case. This can be done through conversations with coworkers collecting records, or analyzing samples from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related disease You may be entitled to compensation. Compensation can cover lost wages medical costs, and other costs related to mesothelioma and other asbestos-related illness. You can bring a lawsuit in order to obtain compensation or make an offer of settlement to the defendants in the case.
There are usually several defendants in a case involving asbestos because there are many mining companies that produced asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that supplied services to mines or manufacturers who used asbestos or who acted as employers could be held liable for injuries sustained by victims.
Asbestos suits often fall under product liability laws that are based on the laws of the state and common law that allow for damages to be recovered from sellers of products when they cause injury. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused by a mismanufacture or a flawed design, and that the person injured was not adequately warned about the dangers associated with using the products.
The defendants in asbestos cases typically argue that they didn't act in a negligent way and that their products are safe, despite the fact that doctors have long recognized asbestos-containing products is linked to various diseases. Additionally, companies that concealed the risks of asbestos to increase profits have been accused of covering up the issue in attempting to block claims and by trying to stop workers from seeking financial compensation for their injuries.
A jury or judge may decide how to divide the responsibility among defendants when more than one defendant is found responsible for an asbestos-related injury. This process is called allocation. The apportionment of liability will not affect the total amount of money a plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit against a company that manufactured or sold asbestos can help victims receive compensation. This includes the cost of medical treatments for their disease as well as the loss of wages due to inability to work. Victims also may receive compensatory and punitive damages.
The lawsuit claims that the defendant was negligent, meaning that it didn't take reasonable steps to ensure that the product was safe for the intended use. The lawsuit further alleges that the defendant knew asbestos could be hazardous and failed to provide warnings to consumers and workers about the dangers.
A victim or the estates of those who have passed away from asbestos-related diseases such as mesothelioma can file an asbestos lawsuit. A person can file a lawsuit for personal injury to claim compensation for financial and other damages, such as emotional distress or pain and suffering and loss of enjoyment of the life. Family members who are survivors of those who have died due to an asbestos-related illness may also bring a wrongful death lawsuit.
Once an asbestos case has been filed the parties exchange information during the process of discovery. This can last several months, and may require extensive interviews with co-workers and relatives, abatement workers and others in order to identify potential defendants and asbestos-related products.
Due to the complicated nature of asbestos litigation it is important that plaintiffs hire an experienced lawyer handling their case. The law firm a victim or their family chooses to work with should be aware of the complexities unique to asbestos litigation and be acknowledged by insurance companies and defendants for its expertise in these cases.
Our lawyers are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are known for our ability in obtaining the highest compensation for clients.
If you have questions about filing an asbestos lawsuit, contact us for a no-cost consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients from all over the nation. Call or email us today to get started.
Settlements
When asbestos victims win their lawsuits, they receive compensation for the companies which exposed them to harmful substances. The money is intended to help the family of the victim financially for the financial loss resulting from the asbestos exposure. Compensation can help cover the cost of suffering and pain.
wyoming asbestos law firm are often settled instead of going to trial. This is because it's easier and cheaper for the defendant companies to settle the case this way. Settlements also avoid negative publicity that may come with a verdict at trial. It is essential to choose an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients.
Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive research into their client's past work history as well as medical records and asbestos exposure. They can assist clients in identifying asbestos-producing companies who may be the cause of the disease. Lawyers can then gather evidence and use it in a strong mesothelioma case.
In the course of pre-trial discovery and depositions mesothelioma lawyers may uncover evidence of asbestos-related companies negligence. Evidence typically comes from internal memos, corporate documents and testimony from former employees who have worked with asbestos-containing products. In many instances these documents, it is clear that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases but didn't disclose this information to their workers or the public.
Many states set time limits which are known as statutes of limitation that define how long an asbestos victim has to bring a lawsuit. These time periods vary by state, but typically vary between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their rights to receive compensation.
The amount victims can receive depends on the asbestos-related diagnosis they receive, how severe their condition is and other factors. Attorneys take into account treatment costs and other costs when they negotiate to ensure that patients receive enough funds to pay their medical expenses. Asbestos sufferers can also file claims with trust funds that were set up to compensate people who have been diagnosed with mesothelioma or any other asbestos-related ailments.
Some of these trusts have been wiped out, but others continue to award substantial payouts. In 2018, for instance a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured by John Crane Inc.
Trials
Trials are the best option for asbestos victims than settlement offers. Trials can also help settle issues that aren't resolved through settlement negotiations, such as differences in how to calculate damages and whether the patient's condition resulted from specific exposures.
In a trial the plaintiffs must prove that they have the right to damages, which include future and past medical expenses, lost wages, property damage as well as pain and suffering and loss of consortium. In addition, the defendant must demonstrate that it is responsible for the asbestos-related injury. The process of trial can be lengthy. In the last 10 years mesothelioma juries' awards have risen dramatically and have far exceeded the amount awarded by judges in settlement cases.
An attorney for mesothelioma can help victims understand the process of trial, and can explain their legal right before a judge in a public courtroom. A lawyer with experience can also help to identify potential defendants. In contrast to car accident litigation which is usually easy to identify the responsible parties involved, asbestos cases are more complicated. This is especially the case when the victim was exposed to more than one type of asbestos in multiple locations. An experienced mesothelioma lawyer is able to interview witnesses, such as coworkers, relatives and abatement workers, to compile an inventory of the companies, products, and the locations.
There is growing concern that the expense of settling claims of asbestos victims from the past is draining funds which could be used to pay for future cases. Some claimants also believe that settlements don't accurately reflect their actual injuries and therefore they are entitled to a higher amount of compensation.
Defense attorneys can argue to dismiss asbestos claims using summary judgment or a finding that there was no exposure. These motions are, however, subject to a thorough examination of the evidence as well as an expert's opinion on whether the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. Although the process can be lengthy, a knowledgeable mesothelioma lawyer can assist to speed up the process and make sure that it doesn't become part of the long backlog of cases in courts.