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Asbestos Litigation A substantial amount of asbestos-related litigation has been handled in courts across the country. Research has proved that exposure to asbestos can cause lung damage as well as disease. It is crucial that attorneys know how to identify asbestos products in each case. This can be done by talking with co-workers in the office, collecting records, and analysing samples taken from homes or workplaces. Liability If you or someone close to you is diagnosed with an asbestos-related disease you could be eligible for compensation. Compensation can cover medical expenses, lost wages and other expenses related to mesothelioma. You may choose to file a lawsuit or offer an offer of settlement to the defendants. In asbestos cases, there are generally multiple defendants as there are many mining companies that produce asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or who acted in a position of employer could be held accountable for the injuries sustained by victims. Asbestos suits often fall under laws governing product liability which are based on common and state laws which permit damages to be recovered from the sellers of products if the products cause injuries. In a suit for product liability it is claimed that injuries were caused due to an ineffective design or fabrication, and that the person injured was not adequately informed about the risks associated with the products. In asbestos cases, defendants usually claim that they weren't negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products have been linked to a variety of diseases. Moreover, companies that hid asbestos's dangers in order to boost profits have been accused of attempting to cover up in attempting to block claims and attempting to prevent workers from seeking financial compensation for injuries they sustained. If more than one defendant is found liable for the asbestos-related injuries sustained by a victim, a judge or jury could decide how to split the responsibility between them in a process called allocation. The apportionment process does not alter the amount of compensation that the plaintiff can receive from the defendants. Damages A lawsuit brought against a firm that manufactured or sold asbestos-related products could help victims receive compensation for the losses they suffered. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims may also be eligible for compensation and punitive damages. The lawsuit claims that the defendant acted with negligence and did not exercise reasonable care to ensure the product was safe for the intended use. The lawsuit further alleges that the defendant knew asbestos could be dangerous, but failed to provide warnings to consumers and workers about this risk. An asbestos-related lawsuit can be filed by a victim or the estate of a person who has died from an asbestos-related disease like mesothelioma. A person may make a claim for personal injury to seek compensation for financial and other damages that include emotional distress or pain and suffering and loss of enjoyment the life. Family members who are survivors of those who have died due to an asbestos-related illness can also file a wrongful deaths lawsuit. When an asbestos-related case is filed and a settlement is reached, both sides exchange information in the process of discovery. This can last several months, and may require extensive interviews with colleagues family members, abatement workers, relatives and others to determine potential defendants and asbestos-related products. It is crucial that plaintiffs have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm that a plaintiff or their family chooses have an understanding of the complexities unique to asbestos litigation and should be recognized by defendants and insurance companies for its experience in these cases. The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are well-known for our expertise in obtaining maximum compensation for clients. Contact us for a free consultation If you have any concerns about bringing 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 throughout the United States. Contact us now to begin. Settlements If asbestos victims prevail in their lawsuits, they receive compensation from companies that knew about and exposed them to dangerous substances. The money is intended to assist the family members of the victim financially for the financial loss resulting from the asbestos exposure. Compensation can cover the suffering and pain. Asbestos cases are often settled rather than going to trial. This is because it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements can also prevent the negative publicity that is associated when a jury verdict is handed down. It is essential to choose an attorney for mesothelioma who has years of experience in obtaining maximum damages for their clients. Mesothelioma cases are complicated, and attorneys must conduct extensive research on their client's medical records and work history as well as asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the illness. Lawyers can then gather evidence and use it to build a mesothelioma-related case that is a solid one. Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and discovery. The evidence usually is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In texas asbestos lawyer prove that asbestos manufacturers were aware of mesothelioma's risks and other asbestos-related diseases, but didn't disclose the information to their employees or the general public. Many states set time limitations also known as statutes or limitations that define how long an asbestos victim has to start a lawsuit. The length of time varies from state to state, however, they are usually between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma is filed, the victims will lose their right to compensation. The amount of money victims will receive is based on the severity of their condition and their diagnosis as well as other factors. Attorneys consider the cost of treatment and other costs when negotiating to ensure that patients have enough money for their medical bills. Asbestos-related victims can also file claims with trust funds, which were created to compensate those who have been diagnosed with mesothelioma or any other asbestos-related diseases. Some of these trusts have been depleted but others continue paying out substantial payouts. For instance, in the year 2018, a federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets made by John Crane Inc. Trials Trials are an option that is better for asbestos victims than settlement offers. Trials can also help in resolving issues that cannot be resolved through settlement negotiations, for instance differences in the method of calculating damages and whether the patient's condition was caused by exposures specific to the victim. In a trial plaintiffs must demonstrate that they have the right to damages, including past and future medical expenses and loss of earnings, property damage, pain and suffering, and loss of consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injury. The trial can take a long time. In the last 10 years mesothelioma juries' awards have risen dramatically and have much exceeded the amount that is awarded by judges in settlement cases. A mesothelioma lawyer will help patients understand how to proceed in the court procedure and will explain their rights under the law in a courtroom that is open to the public. A qualified lawyer can also help to identify potential defendants. Contrary to litigation involving car accidents, where it is often easy to identify the individuals involved, asbestos litigation can be more complex. This is particularly true if an individual has been exposed to asbestos in multiple locations and at different times. A knowledgeable mesothelioma lawyer will interview witnesses, including relatives, coworkers, and abatement workers to compile an inventory of companies, products and the locations. The expense of settling asbestos claims drains funds which could be used to pay for future cases. Some claimants also believe that settlements are not just based on injuries that actually occurred and therefore deserve more compensation. Defendants in asbestos cases can argue for dismissal of claims by summary judgment or a determination of no exposure. However the motions must be based on a thorough review of the evidence and an expert's opinion that the measured doses of asbestos that plaintiffs received were insufficient to cause mesothelioma. Although the process can take a while, a seasoned mesothelioma lawyer could help to speed up the process and ensure that it does not become part of the lengthy backlog of cases in courts.