The Keys To A Successful Mesothelioma Litigation

Asbestos or mesothelioma litigation is a legal battle premised upon the liability of the manufacturers of asbestos and asbestos products due to harm caused by exposure to asbestos fibres. Mesothelioma litigation is court actions in which the victim seeks compensation for his or her expenses, pain and suffering, loss of income and others as a result of exposure to asbestos dusts or fibres. Therefore to prepare a better claim a victim needs an experienced mesothelioma attorney to help him or her press for a compensation claim. A mesothelioma attorney or lawyer is legal practitioner who handles mesothelioma cases and these cases are typically resolved within a year by experienced attorneys

One other factor that has helped in the struggle of mesothelioma victims for compensation claim is that, mesothelioma litigation has a robust based, as thirty year of body of lawsuit and precedent which mesothelioma attorneys have been able to draw on,  to successfully argue their clients’ cases in courts. While no attorney can guarantee you a multi million dollar mesothelioma settlement, you should know that history and the evidence are on your side. Take your time in choosing a lawyer who has knowledge and experience in mesothelioma litigation who can prepare for you a strong case with credible evidence. This will help you receive justice in your compensation claim suit.  Many of the law firms that handle mesothelioma cases do so on a national level and can often select the best state to file a lawsuit for their clients who has been exposed to asbestos at more than one location and the litigation is usually done in association with a local attorney in that area.

One lawsuit that is a good example of cases that have been won by mesothelioma victims is a case in California between Chavers vs. Owen Illinois Inc. in 200. In this legal battle a retired navy seaman received a substantial damages award for his mesothelioma health problem. The jury also found the defendant, a manufacturer of asbestos products, not only guilty of negligence but of fraudulent practices as well. Based on the evidence before it, the court concluded that Owen-Illinois had been involved in a conspiracy with other asbestos manufacturers to conceal facts regarding the danger of the material and had willfully misrepresented the true nature of the hazards the products posed to unsuspecting workers. The jury in its judgment also observed that Owen-Illinois had committed malice and oppression in its conduct towards its workers.

In another case that was decided in another court in Los Angeles damages was also awarded to an 82 year old man who had contracted mesothelioma as a result of asbestos exposure resulting from his work as a machinist in 1940s. In addition to the award of the compensation to victim, the judges in the bench also found that the defendant corporation was guilty of malice, fraud and oppression. The jury admonished that when a corporation willfully and purposefully injures someone, the victim’s only recourse is litigation.

In addition to those damages awarded above, some other juries can add punitive damages which are payments above and beyond the victim’s award for economic and non economic losses. These punitive damages are designed to punish corporate malfeasance in other words such damages are intended to send a message to the corporate world that such actions will not be tolerated.