Asbestos Litigation
In the courts across the country asbestos litigation has been a significant issue. Asbestos exposure has been proved to cause lung disease and damage through research.
An attorney should be able recognize asbestos in every case. This can be accomplished by speaking with colleagues or obtaining records, as well as studying samples from home or workplaces.
Liability
If you or a loved one is diagnosed with an asbestos-related condition you may be qualified for compensation. Compensation may help pay for lost wages medical costs, and other costs related to mesothelioma and other asbestos-related illness. You can choose to bring a lawsuit, or offer an agreement to the defendants.
In asbestos cases, there are typically several defendants since there are a variety of 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. In addition, companies that provided services to mines, or manufacturers that made use of asbestos or acted as employers could be held liable for injuries sustained by victims.
thornton asbestos law firm are typically governed by product liability laws, which are based on the common law and state laws which allow damages to be recouped from the sellers of products if those products cause injury. 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 of 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 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 engaging in a cover-up in attempting to block claims and also to prevent workers from seeking compensation for their injuries.
A jury or judge may decide how to distribute the blame between defendants in cases where more than one defendant has been identified as being responsible for an asbestos-related injury. This is known as apportionment. The apportionment of liability will not alter the amount that the plaintiff can receive in compensation from the defendants in the case.
Damages
A lawsuit brought against a business that produced or sold asbestos-related products could help victims obtain compensation for the losses they suffered. This includes the cost of medical treatments for their condition as well as the loss of wages due to being unable to work. Victims may also be eligible for compensatory and punitive damages.
The lawsuit asserts that the defendant acted with negligence, meaning it did not exercise reasonable care to ensure that the product was safe for the intended use. The lawsuit further alleges that the defendant knew asbestos could be dangerous and failed provide warnings to consumers and workers about this risk.
An asbestos lawsuit may be filed by a victim or the estate of a deceased person from an asbestos-related condition like mesothelioma. A person can file a personal injury lawsuit to claim compensation for economic and non-economic damages, including emotional distress as well as loss of enjoyment life as well as pain and suffering. The surviving family members of someone who died due to an asbestos-related illness may also pursue a wrongful-death lawsuit.
After an asbestos lawsuit is filed, both sides exchange information during a process known as discovery. This can last several months and may include extensive interviews with co-workers or relatives, abatement employees, and others to identify potential defendants as well as their asbestos-related products.
It is essential for plaintiffs to choose an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm a victim, or their family, chooses should be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies and defendants for its expertise.
Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to get the most compensation possible for clients.
If you have any questions about filing an asbestos lawsuit, please contact us for a free consultation. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us by email or phone now to get started.
Settlements
If asbestos victims prevail in their lawsuits, they receive compensation from the companies who knowingly exposed them to dangerous substances. The money is meant to pay the victim and their family members for financial losses caused by asbestos exposure. Compensation can also help with the pain and suffering.
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 this way. Settlements also help avoid negative publicity that comes with a trial verdict. It is crucial to select an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.
Mesothelioma cases are complicated, and attorneys must do extensive research on the medical records of their clients, work history and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the condition. Lawyers can then collect evidence and use it to construct an effective mesothelioma suit.
Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and discovery. Evidence usually comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many instances documents, they show that asbestos producers knew about the risks of mesothelioma and other asbestos-related diseases but did not divulge the information to their employees or to the general public.
Many states have set a time limit, also known as a statute of limitations, for how long asbestos-related victims can sue. These time periods vary between states, but generally range between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma can be filed, the victim will lose their right to receive compensation.
The amount of money that patients can receive is contingent on the diagnosis of their asbestos-related disease and how severe their condition is and other factors. Attorneys take into account the cost of treatment and other expenses when negotiations to ensure that patients receive enough funds to cover medical expenses. Asbestos victims may also be able to file claims through trust funds that have been established for those diagnosed with mesothelioma, asbestos-related diseases.
Some of these trusts are closed, while others continue to award substantial awards. In 2018, for instance, a federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.
Trials
Asbestos-related victims who go to trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can also help resolve problems that cannot be resolved through settlement negotiations, including differences in how to calculate damages and whether the victim's condition was caused by a specific exposure.
In a court of law, plaintiffs will need to prove they are entitled damages, including future and past medical expenses loss of wages, damages to property or property, pain and discomfort and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The process of trial can be lengthy. In the last 10 years mesothelioma jury awards have risen dramatically and have far exceeded the amount awarded by judges in settlement cases.
A mesothelioma attorney can help victims understand the trial process and explain their legal rights in an open courtroom. A lawyer with experience can also assist in identifying potential defendants. As opposed to the litigation in car accidents, where it is often easy to identify the responsible individuals involved, asbestos litigation can be more complex. This is especially true when someone was exposed more than one kind of asbestos in multiple places. A knowledgeable mesothelioma lawyer will interview witnesses, such as family members, coworkers and abatement workers, to create a database of employers, products and the locations.
The expense of settling asbestos claims drains funds that could be used to pay for future cases. Additionally, some claimants believe that settlements should be basing on actual injuries and should be compensated more.
Defendants can fight to dismiss asbestos claims through the process of summary judgment, or by finding that there was not an exposure. These motions, however, require a thorough examination of the evidence and an expert opinion that the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. While the process may take a while, a seasoned mesothelioma attorney can help speed up the process and make sure that it doesn't become part of the lengthy backlog of cases in the courts.