Asbestos Litigation
A significant amount of asbestos-related litigation has been dealt with in courts across the country. Asbestos exposure has been proved to cause lung diseases and damage through research.
An attorney should be able to recognize asbestos in each case. This can be done through conversations with coworkers in the office, collecting records, and analysing samples taken from homes or workplaces.
Liability
You may be entitled to compensation when you or someone you love has been diagnosed with a disease that is related to asbestos. Compensation can help with lost wages and medical expenses as well as other expenses that are associated with mesothelioma or an asbestos-related disease. You may choose to make a claim or offer a settlement to the defendants.
In asbestos cases, there are usually several defendants since there are a variety of mining companies that manufacture asbestos and manufacture 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 liable for the injuries of victims.
Asbestos lawsuits are often categorized under laws governing product liability, which are based on state and common laws which permit damages to be recovered from sellers of products when those products cause injuries. In particular, in a liability lawsuit, it is alleged that the injuries were caused by mismanufacture or a flawed design, and that the person who suffered injury was not properly warned of the risks associated with using the products.
The defendants in asbestos cases typically argue that they did not act in a negligent manner and that their products are safe, even though doctors have long acknowledged that asbestos-containing products is linked to different diseases. Furthermore, companies that concealed asbestos's dangers in order to increase profits have been accused of attempting to cover up in attempting to block claims and by trying to block workers from seeking financial compensation for their injuries.
If more than one defendant is found to be responsible for the asbestos-related injuries sustained by a victim, a jury or judge can decide how to divide the responsibility between the defendants in a process referred to as apportionment. The apportionment does not alter the amount of compensation the plaintiff can receive from the defendants.
Damages
A lawsuit against a business that made or sold asbestos could aid victims in recovering compensation. This includes the costs of medical treatment for their disease and the loss of earnings due to the inability to work. Victims could also be awarded compensatory and punitive damages.
indiana asbestos attorneys asserts that the defendant acted with negligence which means that it did not exercise reasonable care to ensure the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to warn consumers and workers of the danger.
An asbestos lawsuit may be filed by a victim or estate of a deceased person from an asbestos-related condition such as mesothelioma. An individual can start a personal injury suit to seek compensation for economic and non-economic damages, such as emotional suffering and suffering, loss of enjoyment life, and suffering and pain. In addition, the surviving family of someone who died due to an asbestos-related illness may pursue a wrongful-death lawsuit.
Once an asbestos case has been filed, both sides share information in the process of discovery. The process can last for some time and may require interviews with coworkers, family members, abatement workers, and others to identify potential defendants.
Due to the complexity of asbestos litigation it is imperative that plaintiffs hire an experienced lawyer to handle their case. The law firm the victim, or their family, chooses must be able to comprehend the unique complexities of asbestos litigation. They should also be acknowledged by insurance companies and defendants for their experience.
Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are recognized for our ability to get maximum compensation for our clients.
If you have any questions regarding filing an asbestos lawsuit, call us for a free consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients nationwide. Contact us via phone or email now to get started.
Settlements
If asbestos victims prevail in their cases, they receive compensation from the companies that exposed them to dangerous substances. The money is meant to pay the victim and their family members for the financial losses resulting from asbestos exposure. Compensation may also cover the pain and suffering.
Asbestos cases often settle rather than go to trial, as it is less expensive and easier for the defendant company to settle the matter this way. Settlements also can help prevent the negative publicity that can come when a jury verdict is handed down. It is important to hire an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.
Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive research on their client's past work history, medical records and asbestos exposure. They can help clients identify asbestos-producing businesses that could be the cause of the disease. Lawyers are able to gather evidence and use it in the preparation of an effective mesothelioma suit.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent during discovery and depositions. The evidence typically is 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 mesothelioma's dangers, and other asbestos-related diseases, but didn't tell their employees or the general public.
A number of states have time limits, called statutes of limitations that define how long an asbestos victim can start a lawsuit. The length of time varies by state, but usually range between one and two years. If the statute of limitation expires before a case for mesothelioma has been filed, the victim will lose their right to receive compensation.
The amount of money that victims receive will depend on the asbestos-related illness they have been diagnosed with as well as how serious their condition is, and other factors. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure patients have enough money to pay for their medical expenses. Asbestos victims might also be able to claim through trust funds set up to help those diagnosed with mesothelioma, asbestos-related illnesses.
Some trusts are closed, while some continue to pay substantial awards. In 2018, a federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma due to gaskets manufactured by John Crane Inc.
Trials
Asbestos victims who go to trial have a much better chance of receiving compensation than those who accept the settlement offer. Trials can also help resolve issues that cannot be resolved through settlement negotiations, such as differences in how to calculate damages and whether the victim's condition was caused by exposures specific to the victim.
In a court trial plaintiffs must demonstrate that they have the right to damages, such as future and past medical expenses and loss of wages, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injury. The trial process is often lengthy. In the last 10 years mesothelioma cases, jury awards have increased dramatically and significantly exceeded the amount given by judges in settlement cases.
An attorney for mesothelioma can help victims understand the process of trial and explain their legal right in a courtroom open to the public. A lawyer with experience can also help to identify potential defendants. Asbestos cases can be more complex than car accident litigation where it is usually easy to identify the parties responsible. This is especially true when the person has been exposed to asbestos in multiple places and at different dates. An experienced mesothelioma attorney is able to interview witnesses, such as coworkers and relatives, abatement workers and suppliers to create an extensive database of employers as well as their products and locations.
There is a growing concern the cost of settling claims of asbestos victims from the past can drain funds which could be used to pay for future cases. Some claimants believe that settlements do not reflect the actual damage and that they deserve more compensation.
Plaintiffs can challenge dismissal of asbestos claims using summary judgment, or a finding that there was not an exposure. However the motions must be based on an extensive review of evidence and a professional opinion that the doses measured of asbestos that the plaintiff was exposed to did not cause mesothelioma. An attorney for mesothelioma can help speed up the process and stop the case from becoming a backlog in the courts.