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Asbestos Litigation A large amount of asbestos litigation has been handled by courts across the country. Research has proven that exposure to asbestos can cause lung damage and illness. An attorney should be able identify asbestos in each case. This can be done through discussing with colleagues, obtaining documents, or analyzing samples from homes or workplaces. Liability If you or a loved one is diagnosed with an asbestos-related condition You may be eligible for compensation. Compensation may cover lost wages, medical expenses and other costs related to mesothelioma. You can bring a lawsuit in order to obtain compensation or a settlement offer from the defendants in the case. In asbestos cases, there are usually multiple defendants due to the fact that 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. In addition, companies that supplied services to mines or manufacturers who used asbestos, or acted as employers could be held liable for injuries suffered by victims. Asbestos-related lawsuits are often categorized under the legal category of product liability law, which is based on state and common laws that permit damages to be recouped from manufacturers of products if the products cause injury to. In particular, in a liability lawsuit, it is claimed that the injuries were caused due to a flawed or a design defect and that the person injured was not adequately warned about the dangers that could result from using the products. The defendants in asbestos cases typically claim that they did not do anything negligently and that their products were safe, despite the fact that doctors have long recognized that asbestos-containing products can cause various illnesses. Companies that concealed asbestos-related risks to make profits were accused of cover-up, as they tried to suppress claims and prevent workers from claiming financial compensation for injuries they sustained. If more than one defendant is found to be responsible for a victim's asbestos-related injuries, a jury or judge could decide how to split the responsibility between them through a process known as allocation. The apportionment of liability will not alter the amount that a plaintiff may receive as compensation from the defendants in the case. Damages A lawsuit filed against a firm that manufactured or sold asbestos-related products can aid victims in recovering compensation for the losses they suffered. This includes the cost for medical treatment and lost wages because of being unable their job. Victims may also receive punitive and compensatory damages. The lawsuit alleges that the defendant acted negligently which means that it did not take reasonable precautions to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew that asbestos could be hazardous and failed to warn workers and consumers about the risk. A person who has been a victim or the estates of people who have died from asbestos-related illnesses like mesothelioma could bring an asbestos lawsuit. A person can bring a lawsuit for personal injury to seek compensation for other and economic damages like emotional distress or pain and suffering and loss of enjoyment the life. In addition, the surviving family members of a deceased person from an asbestos-related disease may pursue a wrongful-death lawsuit. Once an asbestos-related case has been initiated, the parties exchange information in a process called discovery. This process can 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 choose a seasoned lawyer handling their case. The law firm that a victim or their family chooses have an understanding of the particular complexities involved in asbestos litigation and should be recognized by insurance companies and defendants for its expertise in these cases. LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to obtain the maximum amount of compensation to our clients. If you have any questions about filing an asbestos lawsuit, contact us for a no-cost consultation. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. ofallon asbestos attorney represent clients across the nation. Contact us today to begin. Settlements If asbestos victims prevail in their cases, they receive compensation from the companies that exposed them to dangerous substances. The money is intended to help the family members of the victim with the financial burdens resulting from the asbestos exposure. Compensation can be used to cover pain and suffering. Asbestos cases are usually 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 in this manner. Settlements also can help prevent the negative publicity that comes with a verdict at trial. It is crucial to find mesothelioma lawyers who have years of experience in obtaining maximum damages on behalf of their clients. Mesothelioma lawsuits are complex and require attorneys to conduct extensive research into their client's employment history as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be the cause of the disease. The lawyers can then collect evidence and use it in a mesothelioma lawsuit that is strong. Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically comes in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many instances these documents, it is clear that asbestos producers knew about mesothelioma's risks and other asbestos-related ailments, but did not disclose the information to their employees or the public. A number of states have set a limitation, also known as a statute of limitations, to determine the length of time asbestos victims can make a claim. The durations vary by state, but typically range from one to two years. If the statute of limitations expires before a mesothelioma case is filed, victims lose their right to compensation. The amount of money victims can receive is based on the severity of their condition the diagnosis, as well as other factors. Attorneys consider treatment costs and other expenses when trying to make sure that patients receive enough funds to pay their medical bills. Asbestos victims may also be able to file claims through trust funds created to help those diagnosed with mesothelioma and other asbestos-related diseases. Certain trusts are exhausted, but others still pay significant 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 manufactured by John Crane Inc. Trials Trials are the better option for asbestos victims than settlement offers. Trials can resolve issues that are not possible to resolve through settlement negotiations. For example, differences in the calculation of damages and whether the condition of a victim is caused by an exposure. In a trial, plaintiffs must show that they are entitled to damages, including future and past medical expenses such as lost wages, property damages as well as pain and suffering and loss of consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injury. The trial process is often long. In the last decade, jury awards for mesothelioma have risen dramatically and have significantly exceeded the amount given by judges in settlement cases. A mesothelioma lawyer will help patients understand how to proceed during the trial process and also explain their rights under the law in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. In contrast to car accident litigation where it's usually easy to identify the parties, asbestos cases are more complicated. This is especially true when an individual was exposed to more than one kind of asbestos in multiple locations. An experienced mesothelioma lawyer is able to interview witnesses, including coworkers, relatives and abatement workers to compile a database of the companies, products and locations. There is growing concern that the cost of resolving claims from asbestos victims in the past is draining funds which could be used to fund future cases. Some claimants also believe that settlements do not reflect actual injuries, and they are entitled to more compensation. Plaintiffs can challenge dismissal of asbestos claims with the process of summary judgment, or by finding that there was not an exposure. However the motions must be based on an exhaustive review of the evidence and an expert opinion that the measured doses of asbestos the plaintiff took were not enough to cause mesothelioma. Although the process can take time, a skilled mesothelioma lawyer can assist to speed up the process and ensure that it doesn't become part of the long queue of cases that are awaiting the courts.