It's The Asbestos Attorney Case Study You'll Never Forget

Asbestos Litigation

In the courts across the country asbestos litigation has been a significant issue. Research has proved that exposure to asbestos can cause lung damage as well as disease.

An attorney should be able to recognize asbestos in each case. This can be accomplished by speaking with colleagues collecting records, or studying samples from home or work sites.

Liability

You may be entitled to compensation if you or someone you love is diagnosed with a health condition that is linked to asbestos. Compensation may help pay for lost wages medical costs, and other expenses associated with mesothelioma, or any other asbestos-related disease. You may choose to start a lawsuit or offer an offer of settlement to the defendants.

There are usually multiple defendants in an asbestos-related case due to the numerous mining companies that produced asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that supplied services to mines or manufacturers who used asbestos or who acted as employers could be held responsible for the victims' injuries.

Asbestos lawsuits are often categorized under product liability laws which are based on common and state laws that allow for damages to be recovered from sellers of products when those products cause injury. In particular, in a liability lawsuit, it's claimed that the injuries were caused by manufacturing errors or defective design and that the injured party was not properly warned of the dangers associated with using the products.

In asbestos cases, defendants typically argue that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products have been linked to a myriad of illnesses. Moreover, companies that hid asbestos's dangers in order to increase profits have been accused of engaging in a cover-up by trying to thwart claims and also to prevent workers from seeking the financial compensation they deserve for their injuries.

A judge or jury can decide how to divide 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 known as apportionment. The apportionment of liability will not affect the total amount of money a plaintiff may receive as compensation from the defendants in the case.

Damages

A lawsuit filed against a company that manufactured or sold asbestos-related products could help victims receive compensation for their losses. This includes the cost of medical treatment for their disease and the loss of wages due to being unable to work. Victims also may receive compensatory and punitive damages.

The lawsuit asserts that the defendant acted negligently in that it failed to take reasonable care to ensure the product was safe for its intended use. edmond asbestos lawyer that the defendant knew that asbestos was a risk and failed to in educating consumers and workers about the risk.

An asbestos lawsuit may be filed by a victim or the estate of a person who died from an asbestos-related disease like mesothelioma. An individual can bring a personal injury lawsuit to claim compensation for economic and non-economic damages, including emotional stress as well as loss of enjoyment life, and pain and suffering. Additionally, the surviving family of someone who died from an asbestos-related disease may pursue a wrongful-death lawsuit.

After an asbestos case is filed the parties exchange information during a process called discovery. This process can last several months and may involve interviews with coworkers, family members, abatement workers, and others to identify potential defendants.

It is crucial for plaintiffs to choose an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that the victim, or their family, chooses should be aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies as well as defendants for its 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 clients.

If you have any questions about filing an asbestos lawsuit, contact us for a no-cost consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Call or email us today to begin.

Settlements

When victims win their asbestos lawsuits, they get compensation from companies that knowingly exposed them to hazardous substances. The money is intended to help the victim and their family financially for the financial loss resulting from the asbestos exposure. Compensation can help cover pain and suffering.

Asbestos cases tend to settle rather than go to trial, as it is more cost-effective and easier for defendant companies to settle the matter in this manner. Settlements also help avoid negative publicity that may come from a trial verdict. It is crucial to find a mesothelioma lawyer who has years of experience in obtaining maximum damages for their clients.

Mesothelioma cases are incredibly complex and lawyers must conduct extensive research about their client's medical records as well as their work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause of their illness. Lawyers can then collect evidence and use it to build a solid mesothelioma lawsuit.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence usually is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. These documents often reveal that asbestos producers were aware of the dangers of mesothelioma and other asbestos-related diseases however, they didn't tell their employees or the general public.

Many states set time limits which are known as statutes of limitation, on how long an asbestos victim has to bring a lawsuit. These time periods vary by state, but they typically vary from one to two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, the victims lose their right to receive compensation.

The amount of money victims are entitled to is determined by the severity of their condition and their diagnosis as well as other factors. Attorneys consider the cost of treatment and other expenses when trying to make sure that patients have enough money to pay for medical expenses. Asbestos victims may also be able to file claims through trust funds set up for patients diagnosed with mesothelioma and other asbestos-related illnesses.

Certain trusts have dwindled, however others continue to pay out large prizes. For example, in 2018 an appeals court in the United States awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets produced by John Crane Inc.

Trials

Trials are an option that is better for asbestos victims than settlement offers. Trials can solve issues that aren't easily resolved through settlement negotiations. For example, there could be differences in the calculation of damages, and the extent to which a person's condition is caused by a specific exposure.

In a trial plaintiffs must demonstrate that they have the right to damages, which include past and future medical expenses such as loss of earnings, property damage and pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The process of trial is usually lengthy. Over the past 10 years mesothelioma-related jury awards cases have increased dramatically and far exceeded the amount given to settlement cases by judges.

A mesothelioma lawyer will help victims understand the steps to take during the trial procedure and will explain their legal rights in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. As opposed to the litigation in car accidents which is usually easy to determine the responsible parties, asbestos cases can be more complex. This is particularly true when a person has been exposed to asbestos in more than one location and at different times. A seasoned mesothelioma attorney will speak with witnesses like co-workers and relatives, abatement workers and suppliers to compile a detailed list of companies as well as their products and locations.

There is growing concern that the cost of settling claims of asbestos victims from the past is consuming funds which could be used to fund future cases. Additionally, some claimants believe that settlements should be based on actual injuries and they deserve more compensation.

Plaintiffs can challenge dismissal of asbestos claims with summary judgment, or a finding that there was not an exposure. However, these motions require an extensive review of evidence and an expert's opinion that the measured doses of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. While the process could take time, a skilled mesothelioma attorney can help accelerate the case and ensure that it doesn't become part of the aforementioned long backlog of cases in the courts.