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Asbestos Litigation In the courts across the nation, asbestos litigation has been a major problem. Asbestos exposure has been proved to cause lung damage and lung disease through research. It is crucial for an attorney to know how to spot asbestos products in each case. This can be done by speaking with colleagues collecting records, or analysing samples taken from homes or work sites. Liability If you or someone close to you is diagnosed with an asbestos-related condition You may be entitled to compensation. Compensation may cover the loss of wages, medical expenses as well as other expenses associated with mesothelioma. You can file a lawsuit to seek compensation or make an offer of settlement from the defendants in the case. There are typically many defendants in a case involving asbestos because there are many mining companies that produced asbestos and manufacturers of the products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or who acted in a position of employer could also be held responsible for the injuries sustained by victims. Asbestos lawsuits typically fall into the legal category of product liability law, which is built on state and common laws that permit damages to be recovered against the sellers of products when those products cause injury to. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused by a mismanufacture or defective design and that the person injured was not properly warned of the dangers associated with using the products. In asbestos cases, defendants often claim that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing items are linked to a wide range of ailments. Furthermore, companies that concealed the risks of asbestos to increase profits have been accused of concealing the truth in attempting to block claims and attempting to stop workers from seeking the financial compensation they deserve for their injuries. If more than one defendant is found liable for a victim's asbestos-related injuries, a jury or judge may determine how to divide the burden of responsibility among the defendants in a process referred to as 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 made or sold asbestos could help victims recover compensation. This includes the cost of medical treatments for their illness and the loss of wages due to being unable to work. Victims could also be awarded compensatory and punitive damages. The lawsuit alleges that the defendant acted with negligence and did not take reasonable precautions to ensure that the product was safe for its intended use. It is also claimed that the defendant knew asbestos was a danger and did not warn consumers and workers of the danger. An asbestos-related lawsuit can be filed by a victim, or the estate of a person who died from an asbestos-related disease like mesothelioma. A person can bring a lawsuit for personal injury to claim compensation for economic and other damages that include emotional distress or pain and suffering and loss of enjoyment the life of. Family members of someone who has died from an asbestos-related disease can file a wrongful deaths lawsuit. When an asbestos-related case is filed the parties exchange information in a process called discovery. This may take a few months and may involve extensive interviews with colleagues, relatives, abatement workers and others in order to identify possible defendants and their asbestos-related products. It is crucial for plaintiffs to choose an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm a victim or their family chooses have an understanding of the particular complexities involved in asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in asbestos cases. LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are known as a firm that can secure the maximum amount of compensation for our clients. Contact us for a no-obligation consultation for any questions about filing a lawsuit involving asbestos. We are dedicated 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 across the country. Contact us today to begin. Settlements When victims win their asbestos lawsuits, they are awarded compensation from companies that knew about and exposed them to hazardous substances. The money is intended to pay the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can also be used to cover pain and suffering. Asbestos cases are usually settled rather than going to trial. This is because it's more affordable and easier for the defendant companies to settle the case this way. Settlements can also help avoid the negative publicity that comes with a verdict at trial. It is crucial to select an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients. Mesothelioma lawsuits can be complex and require lawyers to conduct thorough research on their client's past work history as well as medical records and asbestos exposure. They can help clients identify asbestos-producing companies who may be responsible for the illness. Lawyers can then gather evidence and use it to create a solid mesothelioma lawsuit. Mesothelioma lawyers can uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence typically is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many instances, these documents show that asbestos manufacturers were aware of the risks of mesothelioma and other asbestos-related diseases, however, they did not communicate this information to their workers or the general public. A number of states have set a time limitation, also known as a statute of limitations for how long asbestos-related victims can sue. The durations vary by state, but generally range from one to two years. If the statute of limitations expires before a lawsuit for mesothelioma is filed victims will lose the right to receive compensation. The amount victims can receive depends on the diagnosis of their asbestos-related disease as well as how serious their condition is, as well as other factors. Attorneys take into account the cost of treatment and other expenses when negotiating to ensure that patients have enough money to pay their medical bills. Asbestos-related victims may also be able to file claims through trust funds set up for patients diagnosed with mesothelioma as well as other asbestos-related diseases. Certain trusts have been depleted but others continue to pay substantial prizes. For example, in 2018 the federal jury awarded $70 million to the family of an U.S. south carolina asbestos lawsuit who developed mesothelioma after working with gaskets manufactured by John Crane Inc. Trials Trials are an option that is better for asbestos victims than settlement offers. Trials can also help to resolve issues that are not resolved through settlement negotiations, such as differences in how to calculate damages and if the victim's condition was caused by a specific exposure. In a court of law, plaintiffs will have to prove that they are entitled to damages including future and past medical costs, lost wages, damage to property, pain and discomfort, and loss in consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injury. The trial process can be lengthy. In the past decade, jury awards for mesothelioma have risen dramatically and have significantly exceeded the amount given by judges in settlement cases. A mesothelioma attorney can help victims understand the process of trial, and can explain their legal rights in a courtroom that is open to the public. A qualified attorney can also assist in identifying potential defendants. Asbestos cases can be more complicated than car accident litigation where it is generally easy to identify the parties responsible. This is especially true if a person was exposed to more than one kind of asbestos and in various locations. An experienced mesothelioma attorney is able to interview witnesses, such as coworkers family members, abatement workers, relatives and suppliers to create an exhaustive database of employers products, locations and other information. There is a growing concern that the expense of settling claims of asbestos victims from the past is draining funds that could be used to pay for future cases. Some claimants also believe that settlements don't reflect the actual damage and that they should be compensated more. Defendants in asbestos cases can fight to have claims dismissed through summary judgment or a finding 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 the plaintiff took were insufficient to cause mesothelioma. An attorney for mesothelioma can help speed up the process and avoid the case from becoming a backlog in the courts.