Asbestos Litigation
A substantial amount of asbestos litigation has been handled in courts across the nation. 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 talking to colleagues, collecting documents, or analyzing samples taken from home or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related illness you could be entitled to compensation. Compensation may cover lost wages, medical costs as well as other expenses associated with mesothelioma. You can file a lawsuit to seek compensation or make an offer of settlement to the defendants in the case.
There are typically multiple defendants in an asbestos case because there are numerous mining companies that produce asbestos and the manufacturers of 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 held responsible for injuries sustained by victims.
Asbestos lawsuits are often categorized under products liability laws, which are based on the laws of the state and common law which permit damages to be recovered from sellers of products when those products cause injuries. In a suit for product liability, it is alleged the injuries were caused due to the design defect or manufacturing error and that the person who was injured was not adequately warned about the dangers associated with the products.
In asbestos cases, defendants frequently claim that they were not negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing products have been linked to a wide range of ailments. Furthermore, companies that concealed asbestos's dangers to boost profits have been accused of attempting to cover up by attempting to suppress claims and trying to prevent workers from seeking compensation for their injuries.
A judge or jury may decide on how to split the blame between defendants in cases where more than one defendant has been found responsible for an asbestos-related injury. This process is referred to as the apportionment. The apportionment does not alter the amount of compensation the plaintiff can receive from the defendants.
Damages
A lawsuit against a company which manufactured or sold asbestos can assist victims to recover compensation. This includes the cost of medical treatments for their illness as well as the loss of wages due to inability to work. Victims can also be awarded compensation and punitive damages.
The lawsuit asserts that the defendant acted negligently, meaning it did not take reasonable precautions to ensure the product was safe for its intended use. The lawsuit further alleges that the defendant knew asbestos could be dangerous and failed in educating consumers and workers about the risk.
An asbestos lawsuit could be filed by a victim, or the estate of a person who died due to an asbestos-related illness, such as mesothelioma. A person can bring a personal injury lawsuit to claim compensation for economic and non-economic damages, including emotional anxiety as well as loss of enjoyment life, and suffering and pain. Family members of someone who has died from an asbestos-related illness can also pursue a wrongful-death lawsuit.
After an asbestos case is filed, both sides exchange information in a process called discovery. This process can last for a long time and could require lengthy interviews with coworkers family members, abatement workers, relatives, and others to identify potential defendants and their asbestos-related products.
chula vista asbestos lawsuit to the complexity of asbestos litigation, it is imperative that plaintiffs choose a seasoned lawyer handle their case. The law firm a victim or their family chooses to work with should have an understanding of the complexities unique to asbestos litigation and should be recognized by insurers and defendants for its experience in these cases.
Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are recognized for our ability to secure the highest amount of compensation for our clients.
If you have any questions regarding filing an asbestos lawsuit, call us for a no-cost consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients across the nation. Contact us by email or phone now to get started.
Settlements
When asbestos victims win their lawsuits, they get compensation from companies that knew about and exposed them to hazardous substances. The money is meant to compensate the victim as well as his or her family for the financial losses resulting from asbestos exposure. Compensation can help cover the pain and suffering.
Asbestos cases are usually settled instead of going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case this way. Settlements also help avoid negative publicity that may come from a trial verdict. It is crucial to find an attorney for mesothelioma who has prior experience in obtaining the maximum amount of damages for their clients.
Mesothelioma lawsuits are complicated and require lawyers to conduct thorough research on their client's employment history, medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be responsible for the condition. Lawyers can gather evidence and use it in the preparation of a mesothelioma case that is strong and successful.
During depositions and discovery prior to trial, mesothelioma lawyers can discover evidence of asbestos companies' negligence. Evidence usually comes in the form internal memos, corporate documents, and statements of former employees who worked with asbestos-containing material. In many cases, these documents show that asbestos producers knew about the dangers of mesothelioma as well as other asbestos-related diseases, but didn't disclose this information to their workers or the public.
A number of states have imposed a time limit, known as a statute of limitations, for the length of time asbestos victims can file a lawsuit. The length of time varies by state, but they typically vary from one to two years. If the statute of limitations runs out before a mesothelioma case is filed, the victims lose their rights to a fair settlement.
The amount of compensation victims can receive is based on the severity of their illness and their diagnosis as well as other factors. Attorneys take into account treatment costs as well as other expenses in negotiations to ensure that patients have enough money to pay for their medical bills. Asbestos victims may also be able to claim through trust funds established for those diagnosed with mesothelioma or other asbestos-related diseases.
Some of these trusts have been depleted, but others continue to pay out substantial awards. For instance, in 2018 an appeals court in the United States awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets made by John Crane Inc.
Trials
Trials are the better option for asbestos victims than settlement offers. Trials can solve issues that aren't resolvable through settlement negotiations. For example, differences in the calculation of damages and whether the condition of a victim is caused by a particular exposure.
In a trial plaintiffs must demonstrate that they are entitled to compensation, such as past and future medical expenses, loss of wages, property damage as well as pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process is typically long. Over the past 10 years mesothelioma-related jury awards cases have increased significantly, and are far more than the amount given to settlement cases by judges.
A mesothelioma lawyer can help victims understand the process of trial and explain their legal rights in a courtroom open to the public. A licensed lawyer can assist in identifying potential defendants. Asbestos cases can be more complex than car accident litigation, where it is often easy to identify responsible parties. This is especially true if an individual has been exposed to asbestos in more than one location and at different times. A mesothelioma lawyer with experience can interview witnesses, including relatives, coworkers, and abatement workers, to compile a database of companies, products and the locations.
There is a growing concern the cost of resolving claims from past asbestos victims can drain funds that could be used to pay for future cases. Many claimants also believe that settlements don't reflect actual injuries and they are entitled to more compensation.
Defendants in asbestos cases can fight to have claims dismissed through summary judgment or a determination of no exposure. These motions require an extensive examination of evidence and an expert's opinion that the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. While the process can be lengthy, a knowledgeable mesothelioma lawyer can assist to speed up the process and ensure that it doesn't become part of the long queue of cases that are awaiting the courts.