Asbestos Litigation
In courts all over the country asbestos litigation is a huge issue. Studies have proven that exposure to asbestos can cause lung damage and illness.
It is essential for attorneys to know how to recognize asbestos-related products in each case. This can be done by speaking with colleagues collecting records, or studying samples from home or work sites.
Liability
You may be entitled to compensation If you or someone you love has been diagnosed with a disease that is related to asbestos. Compensation may help pay for lost wages and medical expenses as well as other costs related to mesothelioma and other asbestos-related disease. You can file a lawsuit to seek compensation or an offer of settlement to the defendants in the case.
In asbestos cases, there are generally several defendants since there are numerous mining companies that produce asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that supplied services to mines or manufacturers who used asbestos, or who were employers could be held liable for injuries sustained by victims.
Asbestos suits are typically governed by products liability laws that are based upon common and state laws that allow for damages to be recouped from the sellers of products if the products cause injury. In a product liability lawsuit it is claimed that injuries were caused due to the design defect or manufacturing error and that the person who was injured was not adequately warned of the dangers associated with the products.
In asbestos cases, defendants usually claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing items are linked to a wide range of ailments. Moreover, companies that hid asbestos's dangers to boost profits have been accused of attempting to cover up in attempting to block claims and attempting to prevent workers from seeking financial compensation for their injuries.
If more than one defendant is found responsible for asbestos-related injuries suffered by a victim, a judge or jury could decide how to split the responsibility between them in a process called allocation. The apportionment does not alter the amount that the plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit brought against a firm that manufactured or sold asbestos-related products can help victims obtain compensation for the losses they suffered. This includes the cost of medical treatment for their illness, as well as lost wages due to inability to work. Victims may also be eligible for compensatory and punitive damages.
The lawsuit alleges that the defendant acted negligently which means that it did not use reasonable care to ensure the product was safe for the intended use. The lawsuit further alleges that the defendant knew that asbestos could be dangerous and failed provide warnings to consumers and workers about this risk.
The estates or victims of people who have died from asbestos-related illnesses like mesothelioma could bring an asbestos lawsuit. A person may file a lawsuit for personal injury in order to obtain compensation for damages arising from economic or other causes including emotional distress and pain and suffering and loss of enjoyment of the life. The surviving family members of someone who has passed away due to an asbestos-related illness may also pursue a wrongful-death lawsuit.
When an asbestos lawsuit has been filed, the parties exchange information in a process called discovery. This process can take several months and may involve interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants.
Due to the complexity of asbestos litigation it is crucial that plaintiffs hire an experienced lawyer handling their case. The law firm that a victim or their family chooses should be aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies and defendants for its expertise.
southfield asbestos lawsuit have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability in obtaining the highest compensation for clients.
Contact us for a free consultation for any questions about filing a lawsuit against 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 across the country. Contact us by email or phone today to begin.
Settlements
When victims win their asbestos lawsuits, they are awarded compensation from companies that knew about and exposed them to hazardous substances. The money is intended to provide the victim and his or her family for financial losses caused by asbestos exposure. Compensation may cover the cost of suffering and pain.
Asbestos cases are usually 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 is associated when a jury verdict is handed down. It is crucial to find mesothelioma lawyers who have expertise in obtaining the highest amount of damages on behalf of their clients.
Mesothelioma lawsuits are complex and require lawyers to conduct extensive investigations into their client's past work history, medical records, and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause of their illness. Lawyers are able to gather evidence and use it to construct a strong mesothelioma lawsuit.
During pre-trial discovery and depositions mesothelioma lawyers are able to uncover evidence of asbestos companies negligence. The evidence typically comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. In many instances, these documents show that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related illnesses however, they did not communicate this information to their workers or to the public.
Many states have set a time limit, known as a statute of limitations, to determine how long asbestos-related victims can bring a lawsuit. These time periods vary between states, but typically range between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, the victims lose their rights to a fair settlement.
The amount of compensation that victims will receive is based on the severity of their condition, their diagnosis and other factors. Attorneys take into account the cost of treatment and other expenses when negotiations to ensure that patients have enough funds for their medical bills. Asbestos sufferers 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 illnesses.
Some of these trusts have dwindled, however others continue to award substantial awards. In 2018, a federal court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets produced by John Crane Inc.
Trials
Asbestos victims who go to trial have a much better chance of receiving compensation than those who accept an offer to settle. Trials can solve issues that aren't possible to resolve through settlement negotiations. For instance, there are differences in the calculation of damages and whether a victim's condition is caused by an exposure.
In a court trial the plaintiffs must prove that they are entitled to damages, which include past and future medical expenses and lost wages, property damages and pain and suffering and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The process of trial is usually lengthy. In the last decade mesothelioma cases, jury verdicts cases have risen significantly and have far outstripped the amount awarded to settlement cases by judges.
A mesothelioma attorney can help patients understand how to proceed in the trial procedure and will explain their legal rights in a courtroom with an open door. An experienced attorney can assist in identifying potential defendants. As opposed to the litigation in car accidents where it is typically easy to determine the responsible parties, asbestos cases are more complicated. This is especially the case when a person was exposed to more than one type of asbestos in various locations. An experienced mesothelioma attorney can speak with witnesses like co-workers and relatives, abatement workers and suppliers to create an extensive database of the companies as well as their products and locations.
There is a growing concern the cost of resolving claims from past asbestos victims can drain funds which could be used to fund future cases. In addition, some claimants believe that settlements are not just based on injuries that actually occurred and therefore deserve more compensation.
Plaintiffs in asbestos cases can contest claims to dismiss them by the process of summary judgment or by a finding of no exposure. However these motions require an exhaustive review of the evidence and an expert opinion that the doses measured of asbestos that plaintiffs received did not cause mesothelioma. While the process may take time, a skilled mesothelioma lawyer can help accelerate the case and ensure that it doesn't become part of the long backlog of cases in courts.