Asbestos Litigation
A substantial amount of asbestos-related litigation has been dealt with in courts across the nation. Studies have proven that exposure to asbestos can cause lung damage as well as disease.
It is essential for attorneys to know how to recognize asbestos-related products in each case. This can be accomplished by talking with co-workers, obtaining records, and taking samples from homes or work sites.
Liability
If you or someone close to you is diagnosed with an asbestos-related illness, you may be qualified for compensation. Compensation can help with lost wages and medical expenses as well as other expenses associated with mesothelioma or another asbestos-related disease. You can file a lawsuit to seek compensation or an offer of settlement from the defendants in the case.
In asbestos cases, there will be multiple defendants due to the fact that there are a variety of mining companies that manufacture asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or who acted in a position of employer could also be liable for injuries sustained by victims.
Asbestos-related lawsuits are often categorized under the legal category of law governing product liability, which is founded on state and common laws that permit damages to be sought against the sellers of products when those products cause injury to. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by manufacturing errors or a design defect and that the victim was not properly warned of the dangers associated with using the products.
In asbestos cases, defendants often assert that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing items are linked to a wide range of ailments. Companies that hid asbestos dangers to increase profits were accused of cover-up, as they tried to block claims and keep workers from claiming financial compensation for their injuries.
If more than one defendant is found liable for a victim's asbestos-related injuries the judge or jury can decide how to divide the blame between them in a process called the apportionment. The apportionment will not alter the amount of compensation plaintiffs can receive from the defendants.
Damages
A lawsuit against a business that manufactured or sold asbestos could assist victims to recover compensation. This includes the cost of medical treatments for their disease and lost earnings due to the inability to work. Victims can also receive compensation and punitive damages.
The lawsuit asserts that the defendant acted negligently. This means that it failed to take reasonable steps to ensure the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was a danger and did not warn workers and consumers of the danger.
A victim or the estates of people who have died from asbestos-related diseases like mesothelioma could file an asbestos lawsuit. An individual can start a personal injury suit to claim compensation for non-economic and economic damages, including emotional suffering as well as loss of enjoyment life and suffering and pain. Family members who are survivors of someone who has passed away due to an asbestos-related disease can pursue a wrongful-death lawsuit.
Once an asbestos case has been filed, the parties exchange information via the process of discovery. This may take a few months and may involve extensive interviews with colleagues and relatives, abatement workers and others to discover potential defendants and their asbestos-related products.
It is essential that plaintiffs have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that a victim or their family chooses must comprehend the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their experience.
Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are renowned as a firm that can secure the highest amount of compensation for our clients.
Contact us for a complimentary consultation If you have any concerns about bringing a lawsuit against asbestos. We are committed to fighting for justice that is in the best interest of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Call or email us today to get started.
Settlements
When victims win their asbestos lawsuits, they get compensation from the companies who knowingly exposed them to hazardous substances. The money is intended to compensate the victim as well as his or her family for the financial losses resulting from asbestos exposure. Compensation can also be used to cover suffering and pain.
Asbestos cases are usually settled rather than going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements also can help prevent the negative publicity that can come with a verdict at trial. It is essential to choose an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients.
Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research on their client's past work history, medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be responsible for the illness. paterson asbestos law firm can then gather evidence to use in a strong mesothelioma case.
During depositions and discovery prior to trial mesothelioma lawyers will uncover evidence of asbestos companies' negligence. Evidence typically comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing material. These documents typically show that asbestos producers knew about mesothelioma's risks, and other asbestos-related diseases however, they didn't tell their employees or the general public.
A number of states have time limits also known as statutes or limitations which determine how long an asbestos victim can bring a lawsuit. The durations vary by state, but usually range between one and two years. If the statute of limitations expires before a mesothelioma case is filed, victims lose their right to receive compensation.
The amount of money victims are entitled to is determined by the severity of their illness as well as their diagnosis and other factors. Attorneys take into account treatment costs and other costs when negotiating to ensure that patients have enough funds to pay their medical bills. Asbestos-related victims may also be able to file claims through trust funds that have been established for patients diagnosed with mesothelioma and other asbestos-related diseases.
Some of these trusts have been exhausted, but others continue to award large amounts of money. For example, in 2018 a federal jury awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets made by John Crane Inc.
Trials
Trials are a better option for asbestos victims than settlement offers. Trials can resolve issues that are not resolved through settlement negotiations. For example, there could be differences in the calculation of damages and whether the condition of a victim is caused by a particular exposure.
In a court trial, plaintiffs must show that they are entitled to damages, which include future and past medical expenses as well as loss of earnings, property damage or loss of enjoyment, and loss of consortium. In addition, the defendant must demonstrate that it is responsible for the asbestos-related injury. The trial process is often long. In the last decade mesothelioma cases, jury verdicts cases have risen dramatically and far exceeded the amount that is awarded to settlement cases by judges.
A mesothelioma lawyer can help victims understand the process of trial, and can explain their legal rights in an open courtroom. An experienced attorney can help to identify potential defendants. As opposed to the litigation in car accidents which is usually easy to identify the individuals involved, asbestos litigation can be more complicated. This is particularly true when the victim was exposed to more than one type of asbestos in various locations. A knowledgeable mesothelioma lawyer will interview witnesses, such as coworkers, relatives and abatement workers to compile a database of products, employers and locations.
The cost of resolving asbestos claims drains funds which could be used to pay future cases. Additionally, some claimants believe that settlements are not founded on actual injuries and therefore deserve more compensation.
Defendants in asbestos cases can seek to dismiss claims by summary judgment or a conclusion of no exposure. These motions require an in-depth examination of the evidence and an expert's assessment that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can speed up the process and stop the case from becoming a part of the backlog in the courts.