Asbestos Litigation
In courts all over the country, asbestos litigation has been a major problem. indiana asbestos lawsuit has proven that asbestos exposure can cause lung damage as well as disease.
An attorney should be able recognize asbestos in every case. This can be done by speaking to colleagues, obtaining documents, or by analyzing samples from homes or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related disease, you may be entitled to compensation. Compensation may cover medical expenses, lost wages and other costs related to mesothelioma. You can bring a lawsuit in order to obtain compensation or an offer of settlement from the defendants in the case.
In asbestos cases, there are generally several defendants since there are numerous mining companies that manufacture asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines, or manufacturers who used asbestos, or who were employers could be held liable for injuries to victims.
Asbestos lawsuits usually fall under the legal category of product liability law, which is based on common and state laws that permit damages to be recovered against sellers of products if those products cause injuries. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by a mismanufacture or defective design and that the person injured was not adequately warned about the dangers that could result from using the products.
In asbestos cases, defendants typically 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 variety of diseases. In addition, companies who concealed asbestos's dangers in order to boost profits have been accused of attempting to cover up by trying to thwart claims and by trying to block workers from seeking financial compensation for injuries they sustained.
A jury or judge can decide how to divide the burden of responsibility between defendants if more than one defendant is identified as being responsible for an asbestos-related injury. This process is called apportionment. The apportionment doesn't affect the amount of compensation the plaintiff is entitled to from the defendants.
Damages
A lawsuit against a company that manufactured or sold asbestos can help victims recover compensation. This includes the cost for medical treatment and lost wages because of being unable their job. Victims could also be awarded punitive and compensatory damages.
The lawsuit claims that the defendant acted negligently in that it failed to take reasonable precautions to ensure that the product was safe for its intended use. The lawsuit also claims that the defendant knew that asbestos could be hazardous and failed to in educating consumers and workers about the dangers.
The estates or victims of those who have passed away from asbestos-related illnesses like mesothelioma may bring an asbestos lawsuit. A person may make a personal injury claim to claim compensation for non-economic and economic damages, such as emotional suffering as well as loss of enjoyment life as well as suffering and pain. In addition, the surviving family members of a person who died from an asbestos-related disease may make a claim for wrongful death.
When an asbestos-related case is filed the parties exchange information during a process known as discovery. This process may take several months and could require interviews with coworkers, family members, abatement workers, and others to determine 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 the victim or their family chooses must be able to be aware of the unique challenges of asbestos litigation. They should be recognized by insurance companies as well as defendants for their expertise.
Our lawyers are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are renowned as a firm that can secure the highest amount of compensation for our clients.
Contact us for a complimentary consultation for any questions about bringing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients all over the country. Contact us by phone or email today to get started.
Settlements
If asbestos victims prevail in their cases, they receive compensation for the companies which exposed them to harmful substances. This money is meant to help the family of the victim with the financial burdens resulting from the asbestos exposure. Compensation can be used to cover the pain and suffering.
Asbestos cases are often settled rather than 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 this way. Settlements can also prevent the negative publicity that is associated with a verdict at trial. It is crucial to find mesothelioma lawyers who have experience in obtaining maximum damages on behalf of their clients.
Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct thorough research on their client's work history, medical records and asbestos exposure. They can help clients identify asbestos-producing businesses that could be responsible for the illness. The lawyers can then collect evidence and use it in an effective mesothelioma case.
Mesothelioma lawyers may uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence usually comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. In many cases the documents prove that asbestos producers knew about the dangers of mesothelioma as well as other asbestos-related ailments, but didn't disclose the information to their employees or to the general public.
A number of states have time limits which are known as statutes of limitation on the time an asbestos victim must file a lawsuit. The length of time varies from state-to-state, but typically range between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma has been filed, the victim will lose their right to compensation.
The amount patients can receive is contingent on their asbestos-disease diagnosis, how severe their condition is and other aspects. Attorneys take into account treatment costs and other costs when they negotiate to ensure patients have enough funds to pay their medical bills. Asbestos victims can also file claims with trust funds that were set up to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related illnesses.
Some of these trusts have dwindled, however others continue to award substantial awards. For example, in 2018, a federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets made by John Crane Inc.
Trials
Trials are an option that is better for asbestos victims than settlement offers. Trials can resolve issues that are not resolvable through settlement negotiations. For example, there may be differences in the calculation of damages and the possibility that a patient's condition was caused by a specific exposure.
In a court trial plaintiffs must demonstrate that they are entitled to damages, including past and future medical expenses as well as lost wages, property damage and pain and suffering and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial process can be lengthy. In the past decade mesothelioma-related jury awards cases have increased significantly, and are far more than the amount given to settlement cases by judges.
A mesothelioma attorney can help victims understand how to proceed in the court procedure and will explain their legal rights in an open courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Asbestos cases can be more complicated than car accident litigation, where it is generally simple to identify the responsible parties. This is especially true when a person was exposed to more than one type of asbestos in multiple places. A mesothelioma lawyer with experience can interview witnesses like coworkers, relatives, abatement workers and suppliers to compile a comprehensive database of employers as well as the locations of their products and.
The cost of resolving asbestos claims eats away funds which could have been used to fund future cases. In addition, some claimants believe that settlements are not basing on actual injuries and deserve more in compensation.
Defendants in asbestos cases can contest claims to dismiss them through summary judgment or a determination of no exposure. However, these motions require a thorough review of the evidence and an expert's opinion that the doses of asbestos that plaintiffs received were insufficient to cause mesothelioma. A mesothelioma lawyer can speed up the process and avoid the case from becoming a backlog in the courts.