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Asbestos Litigation

A large portion of asbestos-related litigation has been handled by courts across the country. Research has shown that exposure to asbestos can cause lung damage and cause disease.

An attorney must be able recognize asbestos in each case. This can be accomplished by speaking to colleagues, obtaining documents, or by analyzing samples taken from homes or workplaces.

Liability

If you or someone close to you is diagnosed with an asbestos-related disease, you may be qualified for compensation. Compensation can cover lost wages medical costs, and other expenses that are associated with mesothelioma or an asbestos settlement-related disease. You can either bring a lawsuit, or offer an offer of settlement to the defendants.

There are typically many defendants in an asbestos case because there are many mining companies that produce asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that offered services to mines or manufacturers who used asbestos, or acted as employers could be held accountable for injuries suffered by victims.

Asbestos-related lawsuits are often categorized under the legal category of product liability law, which is founded on state and common laws that allow damages to be sought against producers of products if those products cause injury to. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused due to a flawed or defective design and that the person injured wasn't adequately warned of the risks associated with using the products.

Defendants in asbestos cases often claim that they did not do anything negligently and that their products are safe, despite the fact that doctors have long recognized that asbestos-containing products can cause different diseases. Moreover, companies that hid asbestos's dangers to boost profits have been accused of engaging in a cover-up by attempting to suppress claims and by trying to prevent workers from seeking compensation for their injuries.

If more than one defendant is found liable for asbestos-related injuries suffered by a victim the judge or jury can decide how to divide the responsibility among them through a process known as allocation. The apportionment process does not affect the amount of compensation the plaintiff may receive from the defendants.

Damages

A lawsuit against a business which manufactured or sold asbestos could help victims receive compensation. This includes the cost of medical treatments for their condition, as well as lost earnings due to the inability to work. Victims may also be eligible for compensatory and punitive damages.

The lawsuit claims that the defendant acted negligently in that it failed to exercise reasonable care to ensure that the product was safe for the intended use. The lawsuit further alleges that the defendant knew that asbestos could be hazardous and failed to provide warnings to consumers and workers about the risk.

An asbestos lawsuit could be filed by a victim or estate of a deceased person from an asbestos-related disease such as mesothelioma. A person can file a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional anxiety, loss of enjoyment of life as well as pain and suffering. Additionally, the surviving family members of a person who died due to an asbestos-related illness may pursue a wrongful-death lawsuit.

Once an asbestos case is initiated, the parties exchange information through the process of discovery. This process can last for a long time and may include extensive interviews with co-workers, relatives, abatement workers and others in order to identify possible defendants and their asbestos-related products.

Due to the complexity of asbestos litigation, it is important that plaintiffs get an experienced lawyer 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 expertise.

Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to get the most compensation possible for our clients.

If you have any questions regarding filing an asbestos suit, contact us for a no-cost consultation. We are dedicated to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us via phone or email now to get started.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from companies who knew they exposed them to hazardous 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 can cover the pain and suffering.

Asbestos cases tend to settle instead of going to trial, because it is easier and cheaper for defendant companies to settle the matter this way. Settlements also prevent negative publicity that could be associated from a trial verdict. It is important to hire a mesothelioma lawyer who has experience in obtaining maximum damages on behalf of 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 help clients identify companies that could produce asbestos that could be responsible for their illness. Lawyers can then gather evidence and use it in a strong mesothelioma case.

In the course of pre-trial discovery and depositions, mesothelioma lawyers can uncover evidence of asbestos companies negligence. The evidence typically comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents often show that asbestos producers were aware of the dangers of mesothelioma and other asbestos-related illnesses however they didn't inform their employees or the general public.

Many states set time limitations, called statutes of limitations, on how long an asbestos victim can make a claim. These deadlines vary from state to state however, they are usually between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma can be filed, victims will lose their right to receive compensation.

The amount victims receive will depend on the asbestos-related diagnosis they receive as well as how serious their condition is, and other factors. Attorneys consider the cost of treatment and other expenses when trying to make sure that patients have enough money to cover medical expenses. Asbestos victims may also be able to claim through trust funds set up for patients diagnosed with mesothelioma and other asbestos-related illnesses.

Some trusts are exhausted, but others continue to award significant awards. For instance, in the year 2018 the federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma as a result of 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 an offer to settle. Trials can also help settle issues that cannot be resolved through settlement negotiations, including the different methods of calculating damages and if the victim's condition resulted from specific exposures.

In a court trial the plaintiffs must prove that they have the right to compensation, such as future and past medical expenses such as loss of wages, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injuries. The trial process is typically long. In the last decade mesothelioma cases, jury awards have increased dramatically and significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer can help victims understand the process of trial, asbestos case and can explain their legal right in a courtroom open to the public. A qualified lawyer can also assist in identifying potential defendants. In contrast to car accident litigation, where it is often easy to identify the parties involved, asbestos cases can be more complicated. This is especially true when someone has been exposed to asbestos in multiple locations and at different dates. An experienced mesothelioma lawyer can interview witnesses, such as coworkers, relatives and abatement workers, to create an inventory of products, employers and the locations.

There is a growing concern that the expense of settling claims of asbestos victims who have been in the past has a negative impact on funds which could be used to pay for future cases. Some claimants also believe that settlements don't reflect the actual damage and that they are entitled to more compensation.

Defendants in asbestos cases can argue for dismissal of claims through summary judgment or a conclusion of no exposure. These motions need an extensive examination of evidence and an expert's opinion on whether the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. An attorney for mesothelioma can help speed up the process and avoid the case from becoming a part of the backlog in the courts.