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Asbestos Litigation A large portion of asbestos litigation has been handled in courts across the nation. Asbestos exposure has been shown to cause lung damage and lung disease through research. It is important for an attorney to know how to recognize asbestos-related products in each case. This can be accomplished by chatting with colleagues collecting records, or analyzing samples from homes or work sites. Liability If you or someone close to you is diagnosed with an asbestos-related disease You may be eligible for compensation. Compensation may help pay for lost wages medical costs, and other expenses associated with mesothelioma, or any other asbestos-related illness. You can choose to start a lawsuit or offer a settlement to the defendants. In asbestos cases, there are typically multiple defendants due to the fact that there are numerous mining companies that produce asbestos and also manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or acted in an employer capacity may also be accountable for injuries sustained by victims. Asbestos-related lawsuits are often categorized under the legal category of law governing product liability, which is built on state and common laws that allow damages to be awarded against manufacturers of products if the products cause injuries. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused by a mismanufacture or a design defect and that the injured party was not adequately warned about the risks that came with using the products. The defendants in asbestos cases typically claim that they didn't act in a negligent manner and that their products were safe, despite the fact that doctors have long recognized that the use of asbestos-containing products is linked to different diseases. Moreover, companies that hid asbestos's dangers in order to increase profits have been accused of covering up the issue by attempting to suppress claims and trying to prevent workers from seeking compensation for their injuries. If more than one defendant is found liable for asbestos-related injuries suffered by a victim, a judge or jury could decide on how to divide the responsibility among them in a process called apportionment. The apportionment process does not alter the amount of compensation that plaintiffs can receive from the defendants. Damages A lawsuit against a company that manufactured or sold asbestos could help victims recover compensation. This includes the cost for medical treatment and lost wages as a result of being unable their job. Victims could also be awarded punitive and compensatory damages. The lawsuit alleges that the defendant acted negligently in that it failed to exercise reasonable care to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew asbestos could be dangerous, but failed to inform consumers and workers about this risk. An asbestos lawsuit may be filed by a person who has suffered the loss or the estate of a person who passed away from an asbestos-related condition like mesothelioma. A person may start a lawsuit claiming personal injury in order to obtain compensation for other and economic damages, such as emotional distress or pain and suffering and loss of enjoyment of the life. In addition, the surviving family members of a person who died from an asbestos-related disease can bring a wrongful death lawsuit. Once an asbestos case has been filed, the two parties exchange information through the process of discovery. The process can last for several months and could require interviews with coworkers, family members, abatement workers, and others in order to identify potential defendants. It is essential that plaintiffs have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that the 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 their experience. LK's attorneys are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are renowned for our success to obtain the maximum amount of compensation for clients. Contact us for a no-obligation consultation if you have any questions about bringing a lawsuit against asbestos. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients from all over the country. Contact us via phone or email today to get started. Settlements If asbestos victims prevail in their cases, they receive compensation from the companies which exposed them to harmful substances. The money is intended to assist the family members of the victim in the event of financial losses due to the asbestos exposure. Compensation can be used to cover the cost of suffering and pain. Asbestos cases tend to settle instead of going to trial, as it is less expensive and easier for defendant companies to resolve the matter this way. Settlements also reduce the negative publicity that comes from a trial verdict. It is crucial to select mesothelioma attorneys who have experience in obtaining maximum damages for their clients. Mesothelioma cases are complex, and attorneys must conduct extensive research about their clients' medical records as well as their work history and asbestos exposure. They can assist clients in identifying asbestos-producing companies who may be responsible for the condition. Lawyers can gather evidence and use it to construct an effective mesothelioma suit. Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and discovery. The evidence usually comes in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. These documents often show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related illnesses however, they didn't tell their employees or the general public. Many states have set a limit, known as a statute of limitations for how long asbestos victims are allowed to sue. These time periods vary by state, but generally vary from one to two years. If hoover asbestos attorneys of limitations expires before a case for mesothelioma has been filed, the victims will lose their right to compensation. The amount of money that victims receive will depend on the diagnosis of their asbestos-related disease as well as how serious their condition is, as well as other aspects. Attorneys look at treatment costs and other expenses during negotiations to ensure that patients have enough money to cover their medical expenses. Asbestos victims might also be able to claim through trust funds set up for those who have been diagnosed with mesothelioma or other asbestos-related diseases. Some of these trusts are depleted, but some continue to pay substantial awards. For instance, in 2018 a federal jury awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets made by John Crane Inc. Trials Trials are an option that is better for asbestos victims than settlement offers. Trials can solve issues that aren't easily resolved through settlement negotiations. For example, differences in the calculation of damages and whether the condition of a victim is due to a specific exposure. In a court trial plaintiffs must demonstrate that they are entitled to damages, such as past and future medical expenses and loss of wages, property damage, pain and suffering, and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injury. The trial can be long. In the last decade, jury awards for mesothelioma have increased significantly and have much exceeded the amount that is awarded by judges in settlement cases. A mesothelioma lawyer can help patients understand how to proceed during the trial process and also explain their rights under the law in a public courtroom. A qualified attorney can also help to identify potential defendants. Asbestos cases can be more complex than litigation involving car accidents, where it is usually simple to identify the responsible parties. This is particularly true when an individual was exposed to more than one kind of asbestos and in various locations. A seasoned mesothelioma attorney will interview witnesses such as co-workers or relatives, abatement workers and suppliers to create an exhaustive database of the companies as well as the locations of their products and. The cost of resolving asbestos claims eats away funds that could be used to pay future cases. Some claimants also believe that settlements do not reflect actual injuries and they deserve more compensation. In asbestos cases, defendants can seek to dismiss claims by summary judgment or a conclusion of no exposure. However, these motions require a thorough review of the evidence and an expert's opinion that the measured doses of asbestos the plaintiff took were not enough to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and stop the case from becoming a burden in the courts.