Asbestos Litigation
In the courts across the nation, asbestos litigation is a huge issue. Asbestos exposure is proven to cause lung damage and lung disease through research.
It is vital for attorneys to know how to identify asbestos products in every case. This can be accomplished through conversations with coworkers or obtaining records, as well as taking samples from homes or work sites.
Liability
You may be entitled to compensation when you or someone you care about is diagnosed with a disease that is related to asbestos. Compensation can cover lost wages medical costs, and other expenses related to mesothelioma and other asbestos-related illness. You can make a claim for compensation or make a settlement offer from the defendants in the case.
There are usually many defendants in a case involving asbestos because there are numerous mining companies that produce asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or in the capacity of an employer may also be 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 awarded against producers of products if those products cause injuries. In a suit for product liability, it is alleged the injuries were caused by an ineffective design or fabrication, and that the person who was injured was not adequately informed about the dangers associated with the products.
In asbestos cases, defendants typically argue that they did not behave negligently and that their products are safe, even though doctors have long acknowledged that the use of asbestos-containing products can cause different diseases. Moreover, companies that hid asbestos's dangers to boost profits have been accused of covering up the issue by attempting to suppress claims and by trying to stop workers from seeking financial compensation for their injuries.
If more than one defendant is found responsible for a victim's asbestos-related injuries, a judge or jury could decide on how to divide the blame between them in a process called apportionment. The apportionment doesn't alter the amount of compensation the plaintiff is entitled to from the defendants.
Damages
A lawsuit against a business that made or sold asbestos could assist victims to recover compensation. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims can also be awarded compensatory and punitive damages.
The lawsuit asserts that the defendant acted negligently in that it failed to exercise reasonable care to ensure that the product was safe for its intended use. The lawsuit also alleges that the defendant knew that asbestos could be dangerous and failed warn workers and consumers about this risk.
An asbestos lawsuit could be filed by a person who has suffered the loss or the estate of a deceased person due to an asbestos-related illness, like mesothelioma. A person may file a lawsuit for personal injury to claim compensation for financial and other damages like emotional distress or pain and suffering and loss of enjoyment of the life. Family members who are survivors of someone who has died from an asbestos-related condition can pursue a wrongful-death lawsuit.
When an asbestos-related case is filed and the parties exchange information during a process known as discovery. This process can last several months and may require interviews with family members, coworkers, members, abatement workers, and others to identify potential defendants.
Due to the complicated nature of asbestos litigation it is crucial that plaintiffs have an experienced lawyer handling their case. The law firm that a victim or their family chooses should understand 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 for our ability to get the maximum amount of compensation to our clients.
If you have any questions about filing an asbestos lawsuit, contact us for a free 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 now to begin.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation from companies that knowingly exposed them to hazardous substances. The money is meant to provide the victim and his or her family for financial losses caused by asbestos exposure. Compensation can cover the pain and suffering.
Asbestos cases are typically settled rather than going to trial. This is due to the fact that it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements also reduce the negative publicity that comes with a verdict at trial. It is crucial to select an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients.
Mesothelioma cases are complex and lawyers must conduct extensive research into the medical records of their clients, work history and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the illness. Lawyers can then collect evidence and use it to create an effective mesothelioma suit.
During depositions and discovery prior to trial mesothelioma lawyers are able to uncover evidence of asbestos companies negligence. The evidence typically is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. 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 have set a time limit, also known as a statute of limitations, on how long asbestos victims can make a claim. These time periods vary by state, but typically range between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, the victims lose their rights to be compensated.
The amount of compensation a victim receive is contingent upon 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 set up to help those diagnosed with mesothelioma and other asbestos-related illnesses.
Some of these trusts have dwindled, however others continue to award substantial payouts. In 2018 an appeals court in the U.S. gave $70 million to the relatives of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets produced by John Crane Inc.
Trials
Trials are an option that is better for asbestos victims than settlement offers. Trials can also help resolve issues that are not resolved through settlement negotiations, including differences in how to calculate damages and whether the condition was caused by specific exposures.
In a court trial the plaintiffs have to prove that they have the right to damages, such as past and future medical expenses as well as loss of wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial can take a long time. In the last decade, jury awards for mesothelioma have risen significantly and have much exceeded the amount that is awarded by judges in settlement cases.
columbia asbestos law firm can assist victims understand what to do in the court process and can explain their legal rights in a courtroom that is open to the public. A qualified lawyer can also assist in identifying potential defendants. In contrast to car accident litigation where it's usually easy to identify the responsible parties, asbestos cases can be more complicated. This is especially true when someone was exposed more than one kind of asbestos and in multiple locations. An experienced mesothelioma attorney can interview witnesses, such as coworkers, relatives, abatement workers and suppliers to create a comprehensive database of the companies as well as their products and locations.
There is a growing concern that the cost of settling claims from past asbestos victims is consuming funds that could be used to fund future cases. Some claimants believe that settlements do not reflect actual injuries, and they are entitled to a higher amount of compensation.
Plaintiffs can challenge dismissal of asbestos claims using the process of summary judgment, or by finding that there was not an exposure. These motions need an in-depth examination of the evidence and an expert's opinion that the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma attorney can help accelerate the process and keep the case from becoming a backlog in the courts.