Jeramy Naumann asked 3 months ago
Asbestos Litigation
A significant amount of asbestos-related cases have been handled in courts across the nation. Research has proven that exposure to asbestos can cause lung damage and cause disease.
An attorney must be able identify asbestos in every case. This can be accomplished by talking to colleagues, collecting reports, or looking at samples taken from home or workplaces.
Liability
You may be entitled to compensation when you or someone you know is diagnosed with a disease related to asbestos. Compensation can pay for medical expenses, lost wages and other expenses related to mesothelioma. You may choose to start a lawsuit or offer an agreement to the defendants.
There are typically many defendants in a case involving asbestos because there are many mining companies who produced asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or as employers could also be held responsible for injuries sustained by victims.
Asbestos lawsuits often fall under the legal category of product liability law which is based on state and common laws that permit damages to be awarded against producers of products if those products cause injuries. In a particular case, in a product liability lawsuit, asbestos litigation it’s claimed that the injuries were caused by manufacturing errors or a defective design, and the person who suffered injury was not adequately warned about the dangers associated with using the products.
In asbestos cases, defendants often claim that they weren’t negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products have been linked to a myriad of illnesses. In addition, companies who concealed asbestos’s risks to boost profits have been accused of covering up the issue by attempting to suppress claims and also to block workers from seeking the financial compensation they deserve for their injuries.
A jury or judge may decide how to divide the blame between defendants in cases where more than one defendant has been identified as being responsible for an asbestos-related injury. This process is referred to as allocation. The apportionment does not alter the amount that the plaintiff could receive as compensation from the defendants in the case.
Damages
A lawsuit against a business that manufactured or sold asbestos can aid victims in recovering compensation. This includes the cost of medical treatment for their condition, Asbestos Litigation as well as lost earnings due to the inability to work. Victims could also be awarded punitive and compensatory damages.
The lawsuit asserts that the defendant acted negligently, meaning it did not exercise reasonable care to ensure that the product was safe for its intended use. The lawsuit also alleges that the defendant knew that asbestos was a risk and failed to provide warnings to consumers and workers about the risk.
An asbestos lawsuit can be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related disease such as mesothelioma. A person can bring a personal injury lawsuit to seek compensation for economic and non-economic damages, such as emotional stress, loss of enjoyment of life and pain and suffering. The surviving family members of someone who has passed away due to an asbestos-related illness can also make a claim for wrongful death.
When an asbestos-related case is filed and a settlement is reached, both sides share information in a process called discovery. This may take a few months, and may require extensive interviews with co-workers and relatives, abatement workers and others to determine potential defendants and their asbestos-related products.
Due to the complicated nature of asbestos litigation it is essential that plaintiffs choose a seasoned lawyer handling their case. The law firm that a plaintiff or their family selects should have an understanding of the unique complexities of asbestos litigation and be recognized by defendants and insurance companies for its expertise in these cases.
Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our ability to get the highest amount of compensation for our clients.
Contact us today for a no-obligation consultation if you have any questions regarding filing a lawsuit against asbestos. 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 nationwide. Contact us by email or phone today to begin.
Settlements
When victims win their asbestos lawsuits, they are awarded compensation from companies that knowingly exposed them to hazardous substances. The money is meant to provide the victim and their family members for financial losses caused by asbestos exposure. Compensation can also be used to cover the pain and suffering.
Asbestos cases are often settled rather than go to trial, as it is easier and cheaper for the defendant company to settle the case in this way. Settlements can also prevent the negative publicity that can come with a verdict at trial. It is important to hire an attorney for mesothelioma who has prior experience in obtaining the maximum amount of damages on behalf of their clients.
Mesothelioma cases are extremely 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-producing companies that may be the cause of their condition. Lawyers can gather evidence and use it in the preparation of a strong mesothelioma lawsuit.
During pre-trial discovery and depositions mesothelioma lawyers may discover evidence of asbestos companies’ negligence. The evidence typically comes in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents often show that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related diseases however, they didn’t tell their employees or the general public.
Many states set time limitations also known as statutes or limitations that define how long an asbestos victim must file a lawsuit. The length of time varies from state-to-state, however, they are usually between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed victims will lose the right to compensation.
The amount of money that patients can receive is contingent on the diagnosis of their asbestos-related disease and how severe their condition is, and other aspects. Attorneys consider treatment costs as well as other expenses in negotiations to ensure patients have enough funds to pay their medical bills. Asbestos victims may also be able to file claims through trust funds set up to help those diagnosed with mesothelioma as well as other asbestos-related diseases.
Certain trusts have been closed, but others continue to pay out large prizes. In 2018, for instance the federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.
Trials
Asbestos victims who attend trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that aren’t possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages and whether a victim’s condition is due to a specific exposure.
In a trial, plaintiffs must show that they are entitled to damages, including past and future medical expenses such as lost wages, property damages or loss of enjoyment, and loss of consortium. The defendant must also prove their responsibility for the asbestos case-related injury. The trial process is often lengthy. In the past decade mesothelioma juries’ awards have increased significantly and have substantially exceeded the amount granted by judges in settlement cases.
A mesothelioma lawyer can help victims understand the trial process and explain their legal rights in a courtroom that is open to the public. An experienced attorney can help to identify potential defendants. Contrary to litigation involving car accidents which is usually easy to identify the individuals involved, asbestos litigation can be more complicated. This is particularly true if the person has been exposed to asbestos in multiple locations and at different times. An experienced mesothelioma attorney is able to speak with witnesses like co-workers, relatives, abatement workers and suppliers to compile an extensive list of companies as well as the locations of their products and.
The expense of settling asbestos claims eats up funds that could be used to pay for future cases. Additionally, some claimants believe that settlements should be founded on actual injuries and deserve more in compensation.
Plaintiffs in asbestos cases can fight to have claims dismissed by summary judgment or a determination of no exposure. These motions need an in-depth 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. A mesothelioma lawyer can help accelerate the process and keep the case from becoming a part of the backlog in the courts.