Asbestos Litigation
A substantial amount of asbestos-related cases have been handled in courts across the nation. Research has proven that exposure to asbestos can cause lung damage as well as disease.
fullerton asbestos lawyer should be able identify asbestos in every case. This can be done by chatting with colleagues in the office, collecting records, and analyzing samples from homes or workplaces.
Liability
You could be eligible for compensation If you or someone you love has been diagnosed with a condition related to asbestos. Compensation can pay for medical expenses, lost wages and other costs related to mesothelioma. You can make a claim for compensation or make a settlement offer from the defendants in the case.
There are typically many defendants in an asbestos case because there are numerous mining companies who produced 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, manufacturers or in an employer capacity could also be held responsible for the injuries sustained by victims.
Asbestos suits often fall under the law of product liability that are based upon state and common laws that allow for damages to be recovered from the seller of a product when the products cause injuries. In particular, in a liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or a design defect and that the person injured was not adequately warned about the risks associated with using the products.
Defendants in asbestos cases often claim that they did not act in a negligent manner and that their products were safe, despite the fact that doctors have long acknowledged that asbestos-containing products can cause different diseases. Companies that concealed asbestos dangers to increase profits were accused of a cover-up, as they tried to suppress claims and prevent workers from claiming the financial compensation they deserve for their injuries.
If more than one defendant is found to be responsible for the victim's asbestos-related injuries, a jury or judge could decide how to split the blame between the defendants in a process referred to as the apportionment. The apportionment doesn't affect the amount of compensation the plaintiff may receive from the defendants.
Damages
A lawsuit against a business which manufactured or sold asbestos can help victims recover compensation. This includes the expense of medical treatment for their illness and lost earnings due to the inability to work. Victims could also be awarded compensatory and punitive damages.
The lawsuit asserts that the defendant acted negligently, which means that it failed to take reasonable steps to ensure the product was safe for the intended use. The lawsuit also claims that the defendant knew asbestos could be dangerous, but failed to in educating consumers and workers about the dangers.
A victim or the estates of people who have died from asbestos-related illnesses such as mesothelioma may bring an asbestos lawsuit. A person may bring a lawsuit for personal injury to claim compensation for economic and other damages that include emotional distress or pain and suffering and loss of enjoyment the life of. Family members who have survived someone who has passed away due to an asbestos-related illness can also bring a wrongful death lawsuit.
Once an asbestos-related case is filed, the two parties exchange information via an process known as discovery. It can take several months and may include extensive interviews with colleagues, relatives, abatement workers, and others to identify potential defendants as well as their asbestos-related products.
It is essential that plaintiffs have an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm the victim, or their family, selects should be able to understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for their experience.
Our lawyers are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are renowned for our ability to obtain the maximum amount of compensation for our clients.
Contact us for a complimentary consultation should you have any questions about filing a lawsuit involving asbestos. 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 throughout the United States. Call or email us today to get started.
Settlements
When asbestos victims win their cases, they receive compensation from the companies that exposed them to dangerous substances. The money is meant to provide the victim and his or her family for financial losses caused by asbestos exposure. Compensation can also be used to cover pain and suffering.
Asbestos lawsuits are often settled instead of going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements can also avoid the negative publicity that comes with a verdict at trial. It is crucial to select mesothelioma lawyers who have years of experience in obtaining maximum damages on behalf of their clients.
Mesothelioma lawsuits can be complex and require attorneys to conduct extensive investigations into their client's employment history, medical records and asbestos exposure. They can help clients identify asbestos-producing businesses that could be responsible for the condition. The lawyers can then collect evidence and use it to build a mesothelioma lawsuit that is strong.
Mesothelioma attorneys 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 substances. These documents typically show that asbestos producers knew about mesothelioma's dangers, and other asbestos-related diseases, but didn't tell their employees or the general public.
Many states set time limitations known as statutes of limitations that define how long asbestos victims have to bring a lawsuit. These time periods vary from state-to-state, however, they are usually between one and two years. If the statute of limitation expires before a suit for mesothelioma has been filed, the victims will lose their right to receive compensation.
The amount of compensation a victim receive is contingent upon the severity of their condition the diagnosis, as well as other factors. Attorneys consider treatment costs and other costs when negotiating to ensure that patients have enough funds to pay their medical bills. Asbestos victims can also file claims using trust funds, which were created to pay compensation to those who have been diagnosed with mesothelioma or other asbestos-related diseases.
Some of these trusts are closed, while others continue to pay out large amounts of money. For example, in 2018 an appeals court in the United States awarded $70 million to the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets made by John Crane Inc.
Trials
Asbestos victims who attend trial have a higher chance of receiving compensation than those who accept a settlement offer. Trials can also help in resolving issues that aren't resolved through settlement negotiations, for instance differences in how to calculate damages and whether the condition was caused by a specific exposure.
In a court of law, plaintiffs have to prove that they are entitled damages, including past and future medical expenses as well as lost wages, damage to property as well as pain and discomfort and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The process of trial can be lengthy. In the past decade mesothelioma juries' awards have increased dramatically and substantially exceeded the amount granted by judges in settlement cases.
A mesothelioma lawyer can help victims understand the process of trial, and can explain their legal right in a courtroom that is open to the public. An experienced attorney can assist in identifying potential defendants. Asbestos cases are more complex than litigation involving car accidents, where it is typically easy to identify the responsible parties. This is especially true when someone has been exposed to asbestos in multiple places and at different dates. A seasoned mesothelioma attorney will interview witnesses, such as coworkers family members, abatement workers, relatives and suppliers to create a comprehensive database of the companies products, locations and other information.
The cost of resolving asbestos claims eats up funds that could have been used to pay future cases. Some claimants also think that settlements aren't founded on actual injuries and therefore deserve more compensation.
Plaintiffs in asbestos cases can seek to dismiss claims by the process of summary judgment or by a finding of no exposure. These motions, however, require an exhaustive examination of the evidence as well as an expert's opinion that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. While the process may take a while, a seasoned mesothelioma lawyer can assist to accelerate the case and ensure that it doesn't be added to the long backlog of cases in the courts.