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Asbestos Litigation A large amount of asbestos-related cases have been handled in courts across the nation. Research has shown that asbestos exposure can cause lung damage and illness. It is essential for an attorney to know how to recognize asbestos-related products in each case. This can be done by talking to co-workers, getting documents, or by analyzing samples taken from homes or workplaces. Liability You could be eligible for compensation if you or someone you love is diagnosed with a disease that is related to asbestos. Compensation can pay for medical expenses, lost wages and other costs associated with mesothelioma. You can file a lawsuit to seek compensation or an offer of settlement from the defendants in the case. In asbestos cases, there are usually multiple defendants because there are many mining companies that produce asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or as employers could also be liable for injuries sustained by victims. Asbestos lawsuits typically fall into the legal category of law governing product liability, which is based on common and state laws that permit damages to be awarded against the sellers of products when those products cause injuries. In a product liability lawsuit it is claimed that the injuries were caused by defective design or manufacturing and that the person who was injured was not adequately warned about the dangers associated with the products. In asbestos cases, defendants typically claim that they did not do anything negligently and that their products are safe, even though doctors have long recognized the use of asbestos-containing products can cause different diseases. Moreover, companies that hid asbestos's risks to boost profits have been accused of concealing the truth in attempting to block claims and also to block workers from seeking the financial compensation they deserve for their injuries. A jury or judge can decide how to distribute responsibility between defendants if more than one defendant has been identified as being responsible for an asbestos-related injury. This process is known as allocation. The apportionment does not affect the amount of compensation the plaintiff can receive from the defendants. Damages A lawsuit filed against a firm that manufactured or sold asbestos products can help victims obtain compensation for their losses. This includes the cost of medical treatment and lost wages because of being unable their job. Victims can also receive compensation and punitive damages. The lawsuit alleges the defendant acted negligently, which means that it did not take reasonable steps to ensure that the product was safe for the intended use. It also is alleged that the defendant knew asbestos was dangerous and failed to warn consumers and workers of this risk. A person who is a victim or the estates of people who have died from asbestos-related illnesses like mesothelioma could start an asbestos lawsuit. A person may start a lawsuit claiming personal injury to seek compensation for damages arising from economic or other causes that include emotional distress or pain and suffering and loss of enjoyment of the life. In addition, the survivor family of someone who died from an asbestos-related disease can file a wrongful death lawsuit. After an asbestos lawsuit is filed, both sides exchange information during the process of discovery. The process can last for several months and may involve interviews with family members, coworkers, members, abatement workers, and others to determine potential defendants. It is essential for plaintiffs to have an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm the 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 and defendants for its expertise. LK's attorneys are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are recognized for our ability to obtain the highest amount of compensation for our clients. Contact us for a complimentary consultation for any questions regarding filing a lawsuit against asbestos. We are committed 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 today to get started. Settlements If asbestos victims prevail in their lawsuits, they receive compensation from companies who knew they exposed them to dangerous substances. The money is intended to help the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation can cover pain and suffering. Asbestos cases often settle rather than go to trial, as it is more cost-effective and easier for the defendant company to settle the matter this way. Settlements can also help avoid the negative publicity that is associated with a verdict in a trial. It is crucial to select an experienced mesothelioma lawyer that has experience obtaining maximum damages for their clients. Mesothelioma cases are complicated and lawyers must do extensive research on their client's medical records, work history, and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their condition. The lawyers can then collect evidence and use it in a mesothelioma lawsuit that is strong. During pre-trial discovery and depositions mesothelioma lawyers are able to find evidence of asbestos-related companies negligence. Evidence typically comes in the form of internal memos, corporate documents, and the testimony of former employees who have been exposed to asbestos-containing materials. In many cases, these documents show that asbestos manufacturers were aware of the dangers of mesothelioma and other asbestos-related illnesses however, they did not communicate the information to their employees or the public. Many states set time limitations known as statutes of limitations, on how long an asbestos victim has to start a lawsuit. These deadlines vary from state to state however, they are usually between one and two years. If the statute of limitation expires before a suit for mesothelioma has been filed, the victim will lose their right to receive compensation. The amount victims will receive is contingent upon the diagnosis of their asbestos-related disease and how severe their condition is and other aspects. Attorneys consider treatment costs and other expenses during negotiations to ensure that patients receive enough money to cover their medical expenses. Asbestos sufferers can also file claims using trust funds that were set up to compensate those who have been diagnosed with mesothelioma, or other asbestos-related diseases. Some of these trusts have been closed, but others continue to award substantial awards. For instance, in the year 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 produced by John Crane Inc. Trials Asbestos sufferers who go to trial have a much better chance of receiving compensation than those who accept a settlement offer. Trials can also help in resolving issues that cannot be resolved through settlement negotiations, for instance differences in how to calculate damages and if the victim's condition resulted from specific exposures. In a court trial, plaintiffs must show that they have the right to damages, including future and past medical expenses such as loss of wages, property damage or loss of enjoyment, and loss of consortium. erie asbestos lawyer must also prove its liability for the asbestos-related injuries. The trial process is often lengthy. In the last decade, jury awards in mesothelioma cases have risen significantly and have far outstripped the amount that is awarded to settlement cases by judges. A mesothelioma lawyer can help victims understand the process of trial, and can explain their legal rights in a courtroom that is open to the public. A licensed lawyer can assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to identify the parties involved, asbestos cases are more complicated. This is especially true when a person has been exposed to asbestos in more than one place and at different times. A mesothelioma lawyer with experience can interview witnesses like coworkers or relatives, abatement workers and suppliers to create an exhaustive database of employers as well as their products and locations. There is a growing concern that the expense of settling claims of asbestos victims from the past has a negative impact on funds that could be used to fund future cases. In addition, some claimants think that settlements aren't basing on actual injuries and should be compensated more. Plaintiffs in asbestos cases can argue for dismissal of claims by summary judgment or a finding of no exposure. However, these motions require an exhaustive review of the evidence and a professional opinion that the measured doses of asbestos that plaintiffs received did not cause mesothelioma. While the process can take time, a skilled mesothelioma lawyer can help accelerate the process and ensure that it does not become part of the long backlog of cases in the courts.