Asbestos Litigation
In courts all over the nation asbestos litigation has been a major issue. Asbestos exposure is proven to cause lung disease and damage through research.
It is vital that attorneys know how to recognize asbestos-related products in each case. This can be accomplished by speaking to colleagues, obtaining reports, or looking at samples taken from homes or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related condition you could be entitled to compensation. Compensation can be used to pay for medical expenses, lost wages 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 usually several defendants in asbestos cases due to the numerous mining companies who produced asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or as employers could also be liable for injuries suffered by victims.
Asbestos suits typically fall under laws governing product liability which are based on common and state laws which allow damages to be recouped from the sellers of products if the products cause injury. In a suit for product liability it is claimed that the injuries were caused by an ineffective design or fabrication, and that the person who was injured was not adequately warned about the risks associated with the products.
In asbestos cases, defendants frequently claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products can lead to a wide range of ailments. Companies that concealed asbestos risks to boost profits were accused of a cover-up as they sought to deny claims and block workers from claiming financial compensation for their injuries.
If more than one defendant is found liable for the asbestos-related injuries sustained by a victim, a judge or jury can decide how to divide the blame between them in a process known as apportionment. The apportionment of liability does not alter the amount of money a plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit filed against a company who manufactured or sold asbestos products can help victims receive compensation for the losses they suffered. This includes the expense of medical treatment for their illness and the loss of wages due to being unable to work. Victims can also be awarded compensation and punitive damages.
The lawsuit alleges that the defendant acted with negligence, meaning it did not take reasonable care to ensure the product was safe for the intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to inform consumers and workers of the danger.
A person who has been a victim or the estates of those who have passed away from asbestos-related diseases like mesothelioma are able to start an asbestos lawsuit. An individual can file a personal injury lawsuit to seek compensation for economic and non-economic damages, such as emotional anxiety, loss of enjoyment of life, and pain and suffering. The surviving family members of someone who has passed away due to an asbestos-related disease can bring a wrongful death lawsuit.
When an asbestos-related case is filed and the parties exchange information in the process known as discovery. This process can take several months and could require interviews with coworkers, family members, abatement workers and others to identify potential defendants.
Due to the complicated nature of asbestos litigation it is important that plaintiffs hire an experienced lawyer handle their case. The law firm that a 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 its expertise.
Our lawyers are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are renowned for our ability to secure maximum compensation for our clients.
Contact us for a complimentary consultation if you have any questions about bringing a lawsuit against asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. gulfport asbestos law firm are located in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us now to begin.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation from the companies who exposed them to hazardous substances. The money is intended to assist the victim and their family with financial losses resulting from the asbestos exposure. Compensation can help cover the suffering and pain.
Asbestos lawsuits are often settled instead of 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 can also prevent the negative publicity that can come with a verdict at trial. It is essential to choose an experienced mesothelioma law firm who has experience obtaining the highest damages for their clients.
Mesothelioma lawsuits are complicated and require attorneys to conduct extensive research into their client's employment history, medical records, and asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the condition. Lawyers are able to gather evidence and use it to construct a solid mesothelioma lawsuit.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. The evidence usually is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. These documents often reveal that asbestos producers knew about the dangers of mesothelioma and other asbestos-related diseases however they didn't inform their employees or the general public.
A number of states have set a limit, also known as a statute of limitations, to determine how long asbestos victims can make a claim. The time frames vary from state to state but typically range between one and two years. If the statute of limitations expires before a case for mesothelioma has been filed, victims will lose the right to receive compensation.
The amount of money that victims can receive depends on the asbestos-related illness they have been diagnosed with the severity of their condition is, as well as other aspects. Attorneys take into account treatment costs and other expenses when trying to make sure that patients have enough money to pay for medical expenses. Asbestos victims may 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 have been empty, while others still pay significant awards. In 2018 an appeals court in the U.S. gave $70 million to the relatives of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets made by John Crane Inc.
Trials
Trials are an option that is better for asbestos victims than settlement offers. Trials can also help resolve problems that cannot be resolved through settlement negotiations, for instance differences in the method of calculating damages and whether the victim's condition was caused by a specific exposure.
In a court trial the plaintiffs must prove that they have the right to compensation, such as past and future medical expenses and loss of earnings, property damage as well as pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial can take a long time. In the past decade mesothelioma jury awards have risen significantly and have significantly exceeded the amount given by judges in settlement cases.
An attorney for mesothelioma can help victims understand the process of trial, and can explain their legal right in a courtroom open to the public. An experienced attorney can help to identify potential defendants. Asbestos cases can be more complicated than car accident cases where it is typically easy to identify responsible parties. This is especially the case when an individual was exposed to more than one kind of asbestos and in multiple locations. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, and abatement workers, to compile an inventory of companies, products, and locations.
There is a growing concern that the cost of settling claims from asbestos victims in the past has a negative impact on funds that could be used to fund future cases. Some claimants also believe that settlements aren't just based on injuries that actually occurred and they deserve more compensation.
Defendants in asbestos cases can argue for dismissal of claims through summary judgment or a conclusion of no exposure. However they must be able to provide a thorough review of the evidence and an expert's view that the measured doses of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. While the process could be lengthy, a knowledgeable mesothelioma lawyer could help to speed up the process and ensure that it does not be added to the long backlog of cases in the courts.