Asbestos Litigation
A significant amount of asbestos litigation has been dealt with in courts across the country. Studies have proven that asbestos exposure can cause lung damage and cause disease.
An attorney must be able to recognize asbestos in each case. This can be done through talking to co-workers, getting records, or analyzing samples from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related illness you may be entitled to compensation. Compensation can cover lost wages, medical costs as well as other expenses associated with mesothelioma. You can choose to start a lawsuit or offer an agreement to the defendants.
In asbestos cases, there are generally several defendants since there are a variety of mining companies that manufacture asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or as employers may also be accountable for the injuries of victims.
Asbestos suits are typically governed by the law of product liability, which are based on the laws of the state and common law which allow damages to be recovered from sellers of products when the products cause injury. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or a design defect and that the injured party was not properly warned of the risks that came with using the products.
In asbestos cases, defendants frequently assert that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing products can lead to a variety of diseases. Companies that hid asbestos risks to make profits were accused of cover-up as they sought to suppress claims and prevent workers from claiming financial compensation for injuries they sustained.
A jury or judge may decide how to distribute the burden of responsibility between defendants if more than one defendant has been found to be responsible for an asbestos-related injury. This process is called allocation. The apportionment of liability does 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 made or sold asbestos can help victims receive compensation. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims can also receive compensation and punitive damages.
The lawsuit alleges that the defendant acted with negligence which means that it did not take reasonable precautions to ensure 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.
A person who is a victim or the estates of those who have passed away from asbestos-related diseases like mesothelioma can start an asbestos lawsuit. A person can file a personal injury lawsuit to seek compensation for economic and non-economic damages, including emotional anxiety, loss of enjoyment of life, and pain and suffering. Family members who are survivors of someone who died due to an asbestos-related illness may also pursue a wrongful-death lawsuit.
When an asbestos lawsuit is filed, the parties exchange information in the process of discovery. It can take several months and could require lengthy interviews with coworkers and relatives, abatement workers and others to discover possible defendants and their asbestos-related products.
It is important that plaintiffs have an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm that a victim or their family chooses have an understanding of the complexities unique to asbestos litigation and be recognized by insurers and defendants for its expertise in asbestos cases.
Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are well-known for our expertise to obtain the maximum amount of compensation for clients.
Contact us for a no-obligation consultation if you have any questions regarding filing a lawsuit against asbestos. 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 across the country. Contact us via email or phone today to get started.
Settlements
If asbestos victims win their lawsuits, they are awarded compensation from the companies that exposed them substances. This money is meant to help the victim's family and friends with the financial burdens resulting from the asbestos exposure. Compensation can also cover suffering and pain.
Asbestos cases are often settled rather than go to trial because it is less expensive and easier for the defendant company to settle the matter this way. Settlements can also avoid the negative publicity that can come with a verdict in a trial. It is important to hire mesothelioma attorneys who have years of experience in obtaining maximum damages on behalf of their clients.
Mesothelioma cases are extremely complex, and attorneys must conduct extensive research about their client's medical records, work history and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be responsible for the condition. The lawyers can then collect evidence and use it in a mesothelioma lawsuit that is strong.
Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically comes in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many cases these documents, it is clear that asbestos manufacturers were aware of the risks of mesothelioma and other asbestos-related illnesses but did not divulge the information to their employees or to the public.
Many states set time limitations, called statutes of limitations that define how long an asbestos victim must start a lawsuit. The time frames vary from state to state, however, they are usually between one and two years. If the statute of limitations expires before a lawsuit for mesothelioma is filed victims will lose their right to receive compensation.
The amount of compensation that victims are entitled to is determined by the severity of their illness as well as their diagnosis and other factors. Attorneys will consider the cost of treatment and other expenses during negotiations to ensure that patients receive enough money to pay for their medical expenses. Asbestos-related victims may also be able to file claims through trust funds set up for patients diagnosed with mesothelioma as well as other asbestos-related diseases.
Certain trusts have been wiped out, but others continue to award substantial prizes. For instance, in 2018, a federal jury awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc.
Trials
Trials are the better option for asbestos victims than settlement offers. Trials can also help in resolving problems that cannot be resolved through settlement negotiations, including the various ways to calculate damages and if the victim's condition resulted from specific exposures.
In a trial, plaintiffs must show that they are entitled to damages, which include future and past medical expenses such as lost wages, property damages, pain and suffering, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial can be long. In the last 10 years mesothelioma jury awards have increased significantly and have much exceeded the amount that is awarded by judges in settlement cases.
A mesothelioma lawyer can assist victims understand the trial process and explain their legal rights in a courtroom open to the public. A lawyer with experience can also help to identify potential defendants. Unlike car accident litigation which is usually easy to determine the responsible individuals involved, asbestos litigation are more complicated. This is particularly true when a person was exposed to more than one type of asbestos in various locations. ontario asbestos attorney experienced mesothelioma lawyer is able to interview witnesses, including relatives, coworkers, and asbestos workers, to build a database of the companies, products, and places.
The expense of settling asbestos claims eats up funds which could be used to pay future cases. Furthermore, some claimants believe that settlements are not basing on actual injuries and therefore deserve more compensation.
Defendants in asbestos cases can contest claims to dismiss them by summary judgment or a conclusion of no exposure. These motions require an extensive examination of evidence as well as an expert's opinion on whether the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. An attorney for mesothelioma can help speed up the process and keep the case from becoming part of the backlog in the courts.