Asbestos Litigation
A substantial amount of asbestos-related litigation has been handled by courts across the country. Research has proven that asbestos exposure can cause lung damage and cause disease.
An attorney must be able identify asbestos in every case. This can be done by speaking to colleagues, obtaining reports, or looking at samples taken from home or workplaces.
Liability
You may be entitled to compensation when you or someone you love is diagnosed with a health condition that is linked to asbestos. Compensation can cover lost wages and medical expenses as well as other costs associated with mesothelioma, or any other asbestos-related disease. You can bring a lawsuit, or offer an offer of settlement to the defendants.
In asbestos cases, there are typically multiple defendants due to the fact that there are numerous mining companies that produce asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or acted as employers could also be held responsible for the injuries sustained by victims.
Asbestos suits often fall under product liability laws, which are based on common and state laws which permit damages to be recouped from the seller of a product when those products cause injury. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or a defective design, and the injured party was not adequately warned about the dangers associated with using the products.
In asbestos cases, defendants often argue that they did not behave recklessly and that their products are safe, despite the fact that doctors have long recognized that asbestos-containing products is linked to various diseases. Additionally, companies that concealed asbestos's dangers to boost profits have been accused of attempting to cover up by attempting to suppress claims and attempting to prevent workers from seeking the financial compensation they deserve for their injuries.
If more than one defendant is found liable for a victim's asbestos-related injuries, a judge or jury could decide on how to divide the responsibility among them in a process called apportionment. The apportionment process does not alter the amount of compensation that plaintiffs can receive from the defendants.
cleveland asbestos attorneys against a company that produced or sold asbestos could help victims receive compensation. This includes the cost of medical treatments for their condition, as well as lost wages because of being unable to work. Victims could also be awarded compensatory and punitive damages.
The lawsuit alleges the defendant was negligent, meaning that it did not take reasonable steps to ensure that the product was safe for the intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to warn workers and consumers of this risk.
A person who has been a victim or the estates of people who have died from asbestos-related illnesses like mesothelioma could start an asbestos lawsuit. A person may file a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional distress, loss of enjoyment of life as well as pain and suffering. Family members of someone who has passed away due to an asbestos-related condition can bring a wrongful death lawsuit.
After an asbestos case is filed and a settlement is reached, both sides share information in a process called discovery. This process may take several months and may require interviews with family members, coworkers, members, abatement workers and others to identify potential defendants.
It is crucial that plaintiffs have an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm a victim or their loved ones chooses must have an understanding of the particular complexities involved in asbestos litigation and should be recognized by insurance companies and defendants for its expertise in these cases.
Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are known as a firm that can secure the maximum amount of compensation for our clients.
If you have any questions about filing an asbestos suit, contact us for a free 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 across the country. Call or email us today to begin.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation from the companies which exposed them to harmful substances. This money is meant to assist the victim's family and friends in the event of financial losses due to the asbestos exposure. Compensation may also cover pain and suffering.
Asbestos cases usually settle instead of going to trial, as it is cheaper and easier for the defendant company to settle the case this way. Settlements can also avoid the negative publicity that is associated when a jury verdict is handed down. It is important to hire a mesothelioma lawyer who has years of experience in obtaining maximum damages on behalf of their clients.
Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research on their client's medical records, work history and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the illness. The lawyers can then collect evidence to use in a mesothelioma-related case that is a solid one.
Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence usually comes from internal memos, corporate documents and testimony of former employees who been exposed to asbestos-containing materials. In many instances the documents prove that asbestos manufacturers knew about the dangers of mesothelioma as well as other asbestos-related diseases, but didn't disclose this information to their employees or to the public.
There are many states that set time limits known as statutes of limitations that define how long asbestos victims have to file a lawsuit. These deadlines vary from state-to-state, however, they are usually between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their rights to compensation.
The amount of compensation that victims are entitled to is determined by the severity of their condition, their diagnosis and other factors. Attorneys take into account treatment costs and other costs when negotiating to ensure that patients have enough funds to cover medical expenses. Asbestos sufferers can also file claims with trust funds that were established to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related diseases.
Certain trusts have been wiped out, but others continue to award substantial prizes. In 2018 the United States court granted $70 million to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets made by John Crane Inc.
Trials
Asbestos victims who attend trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can also help to resolve problems that cannot be resolved through settlement negotiations, including the various ways to calculate damages and whether the victim's condition was caused by specific exposures.
In a court of law, plaintiffs will have to prove that they have a right to damages, including past and future medical expenses, lost wages, damage to property, pain and discomfort, and loss in consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial process is typically long. In the last 10 years mesothelioma-related jury awards cases have increased significantly, and are far more than the amount that is awarded to settlement cases by judges.
A mesothelioma lawyer can help victims understand what to do during the trial process and also explain their legal rights in a courtroom with an open door. An experienced attorney can assist in identifying potential defendants. Asbestos cases can be more complicated than car accident litigation, where it is typically easy to identify responsible parties. This is particularly true when the person has been exposed to asbestos in more than one location and at different dates. A knowledgeable mesothelioma lawyer will interview witnesses, including relatives, coworkers, or abatement workers, to create an inventory of employers, products, and locations.
There is a growing concern that the cost of settling claims from past asbestos victims has a negative impact on funds which could be used to fund future cases. Some claimants also believe that settlements are not founded on actual injuries and they deserve more compensation.
Plaintiffs can challenge dismissal of asbestos claims by obtaining summary judgment or a finding that there was not an exposure. These motions need an exhaustive examination of the evidence as well as an expert's assessment that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. Although the process can take time, a skilled mesothelioma lawyer can help speed up the process and ensure that it doesn't become part of the long backlog of cases in the courts.