Don't Forget Asbestos Attorney: 10 Reasons Why You Don't Have It
Asbestos Litigation
In courts all over the nation, asbestos litigation is a huge issue. Asbestos exposure is proven to cause lung diseases and damage through research.
An attorney should be able to recognize asbestos in every case. This can be done through speaking to colleagues, obtaining documents, or by analyzing samples taken from home or workplaces.
Liability
If you or someone close to you is diagnosed with an asbestos-related illness you could be eligible for compensation. Compensation can pay for medical expenses, lost wages as well as other expenses associated with mesothelioma. You can start a lawsuit to claim compensation or an offer to settle the case with the defendants in the case.
In asbestos cases, there will be multiple defendants because there are a variety of mining companies that manufacture asbestos and manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that offered services to mines or manufacturers who used asbestos, or who acted as employers could be held responsible for injuries suffered by victims.
Asbestos suits are typically governed by products liability laws that are based upon the common law and state laws that allow for damages to be recouped from the sellers of products if they cause injury. In particular, in a liability lawsuit, it's claimed that the injuries were caused due to a flawed or a design defect and that the person who suffered injury was not adequately warned about the dangers associated with using the products.
In asbestos cases, defendants often argue that they didn't act negligently and that their products were safe, despite the fact that doctors have long recognized the use of asbestos-containing products is linked to different diseases. Companies who concealed asbestos-related dangers to increase profits were accused of a cover-up, and they attempted to block claims and keep workers from seeking financial compensation for their injuries.
A jury or judge can decide on how to split responsibility between defendants if more than one defendant is identified as being responsible for an asbestos-related injury. This process is known as allocation. The apportionment of liability will not affect the total amount of money a plaintiff may receive as compensation from the defendants in the case.
Damages
A lawsuit against a company which manufactured or sold asbestos could assist victims to recover compensation. This includes the cost of medical treatment for their illness as well as the loss of wages due to being unable to work. Victims can also receive compensation and punitive damages.
The lawsuit alleges that the defendant acted negligently and did not take reasonable precautions to ensure the product was safe for the intended use. fort lauderdale asbestos lawsuit is also claimed that the defendant knew asbestos was a risk and failed to warn consumers and workers of the danger.
An asbestos lawsuit could be filed by a victim or estate of a person who died from an asbestos-related disease such as mesothelioma. A person may bring a lawsuit for personal injury to claim compensation for damages arising from economic or other causes that include emotional distress, pain and suffering, and loss of enjoyment of the life of. Family members who have survived someone who died due to an asbestos-related condition can make a claim for wrongful death.
Once an asbestos-related case is filed, the two sides share information through the process known as discovery. This can last several months and could require extensive interviews with colleagues or relatives, abatement employees and others to discover potential defendants and their asbestos-related products.
Due to the complicated nature of asbestos litigation it is essential that plaintiffs hire an experienced lawyer handle their case. The law firm a victim or their family selects should 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 experience.
Our lawyers are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are well-known for our expertise to obtain the maximum amount of compensation for our clients.
Contact us today for a no-obligation 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 nationwide. Call or email us today to begin.
Settlements
If asbestos victims prevail in their cases, they receive compensation for the companies who exposed them to hazardous substances. This money is meant to assist the victim's family and friends with financial losses resulting from the asbestos exposure. Compensation can cover the cost of suffering and pain.
Asbestos cases often settle instead of going to trial, because it is cheaper and easier for defendant companies to settle the matter in this manner. Settlements also help avoid negative publicity that could be associated with a verdict at trial. It is essential to choose an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients.
Mesothelioma cases are extremely complex, and attorneys must do extensive research on their client's medical records and work history as well as asbestos exposure. They can help clients identify asbestos-producing businesses that could be responsible for the illness. Lawyers are able to gather evidence and use it in the preparation of an effective mesothelioma suit.
Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and discovery. Evidence usually is found in internal memos, corporate documentation and statements of former employees who worked with asbestos-containing material. In many cases the documents prove that asbestos manufacturers knew about the dangers of mesothelioma as well as other asbestos-related diseases but didn't disclose this information to their employees or the public.
There are many states that set time limits which are known as statutes of limitation that define how long asbestos victims have to make a claim. The time frames vary from state to state, but typically range from one to two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their rights to be compensated.
The amount of money that victims receive will depend on their asbestos-disease diagnosis the severity of their condition is and other aspects. Attorneys take into account the cost of treatment and other costs when trying to make sure that patients receive enough funds for their medical bills. Asbestos-related victims may also be able to file claims through trust funds set up for those who have been diagnosed with mesothelioma or other asbestos-related diseases.
Some of these trusts have dwindled, however others continue to pay out large prizes. In 2018 an appeals court in the U.S. granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of gaskets manufactured by John Crane Inc.
Trials
Asbestos victims who attend trial have a better chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that are not resolvable through settlement negotiations. For example, there may be differences in the calculation of damages and the extent to which a person's condition is due to a specific exposure.
In a trial, plaintiffs must show that they have the right to damages, such as future and past medical expenses, lost wages, property damage, pain and suffering, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial process is typically lengthy. In the past decade mesothelioma-related jury awards cases have risen significantly and have far outstripped the amount given to settlement cases by judges.
A mesothelioma attorney can help victims understand the process of trial and explain their legal right in an open courtroom. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases are more complex than car accident litigation where it is often easy to identify responsible parties. This is especially true if the person has been exposed to asbestos in multiple locations and at different dates. An experienced mesothelioma attorney can interview witnesses, such as coworkers or relatives, abatement workers and suppliers to compile a comprehensive database of employers as well as their products and locations.
The expense of settling asbestos claims eats up funds that could have been used to pay future cases. Some claimants also believe that settlements are not basing on actual injuries and therefore deserve more compensation.
In asbestos cases, defendants can contest claims to dismiss them by summary judgment or a finding of no exposure. These motions, however, require an extensive examination of evidence as well as an expert's opinion that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. While the process could take a while, a seasoned mesothelioma lawyer can help speed up the process and ensure that it doesn't become part of the long queue of cases that are awaiting the courts.