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Asbestos Litigation A significant amount of asbestos-related cases have been handled in courts across the nation. Studies have proven that asbestos exposure can cause lung damage and disease. It is vital for an attorney to understand how to identify asbestos products in each case. This can be done through talking to co-workers, getting records, or analyzing samples taken from homes or workplaces. Liability You may be entitled to compensation if you or someone you love is diagnosed with a condition related to asbestos. Compensation may help pay for lost wages medical expenses, as well as other expenses associated with mesothelioma or another asbestos-related illness. You can choose to make a claim or offer an offer of settlement to the defendants. There are usually multiple defendants in asbestos cases because there are a variety of mining companies that made asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or who acted in an employer capacity could also be liable for injuries sustained by victims. Asbestos suits typically fall under the law of product liability which are based on the common law and state laws which allow damages to be recouped from sellers of products when the products cause injury. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused by mismanufacture or a design defect and that the victim was not adequately warned of the dangers that could result from using the products. In asbestos cases, defendants usually claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have known for a long time that asbestos-containing products can lead to a variety of diseases. Companies that concealed asbestos-related risks to boost profits were accused of cover-up as they sought to deny claims and block workers from seeking financial compensation for injuries they sustained. A jury or judge can decide how to distribute responsibility between defendants if more than one defendant is identified as being responsible for an asbestos-related injury. This is known as allocation. The apportionment process does not alter the amount of money that the plaintiff may receive as compensation from the defendants in the case. Damages A lawsuit against a business which manufactured or sold asbestos can assist victims to recover compensation. This includes the cost of medical treatment and lost wages because of being unable to perform their job. Victims may also be eligible for compensatory and punitive damages. The lawsuit alleges the defendant acted negligently, meaning that it didn't take reasonable steps to ensure that the product was safe for the intended use. It is also claimed that the defendant knew asbestos was a danger and did not inform consumers and workers of this risk. The estates or victims of people who have died from asbestos-related diseases like mesothelioma may start an asbestos lawsuit. A person can bring a lawsuit for personal injury to claim compensation for financial and other damages, such as emotional distress as well as pain and suffering and loss of enjoyment the life of. Family members who are survivors of someone who died due to an asbestos-related illness can also file a wrongful deaths lawsuit. Once an asbestos case is filed, the parties share information through an process known as discovery. This process can last for a long time and may include lengthy interviews with coworkers, relatives, abatement workers and others in order to identify potential defendants and asbestos-related products. It is crucial for plaintiffs to have an experienced attorney handling their case because of the complex nature of asbestos litigation. The law firm that a 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 its expertise. The attorneys at LK's are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are known for our ability to secure maximum compensation for our clients. Contact us today for a no-obligation consultation for any questions about filing a lawsuit involving asbestos. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients from all over the nation. Call or email us today to get started. Settlements If asbestos victims win their lawsuits, they receive compensation for the companies who exposed them to hazardous substances. The money is intended to provide the victim and their family members for financial losses caused by asbestos exposure. Compensation can also be used to cover the pain and suffering. Asbestos lawsuits are often settled rather than going to trial. This is because it's easier and cheaper for the defendant companies to settle the case this way. Settlements also prevent negative publicity that could be associated when a verdict is handed down. It is crucial to select mesothelioma attorneys who have years of experience in obtaining maximum damages for their clients. Mesothelioma cases are complicated, and attorneys must conduct extensive research into their client's medical records, work history, and asbestos exposure. They can help clients identify asbestos-producing companies that could be the cause of the disease. Lawyers can then gather evidence and use it to build a solid mesothelioma lawsuit. During pre-trial discovery, depositions and pre-trial depositions, mesothelioma lawyers can uncover evidence of asbestos companies' negligence. The evidence usually is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents often reveal that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related diseases however, they didn't tell their employees or the general public. Many states set time limits also known as statutes or limitations which determine how long an asbestos victim has to file a lawsuit. The length of time varies by state, but usually range from one to two years. If the statute of limitations expires before a lawsuit for mesothelioma can be 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, and other factors. Attorneys consider the cost of treatment and other costs when negotiating to ensure that patients have enough funds for their medical bills. Asbestos victims might also be able to claim through trust funds set up for those who have been diagnosed with mesothelioma and other asbestos-related illnesses. Some of these trusts have been exhausted, but others continue to award substantial awards. In 2018 an appeals court in the U.S. granted $70 million to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets manufactured by John Crane Inc. Trials Asbestos sufferers who go to trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can resolve issues that aren't easily resolved through settlement negotiations. For pueblo asbestos law firm , there could be differences in the calculation of damages, and the possibility that a patient's condition was due to a specific exposure. In a court trial, plaintiffs must show that they have the right to compensation, such as past and future medical expenses as well as loss of earnings, property damage and pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process is often long. In the past decade mesothelioma jury awards have increased dramatically and far exceeded the amount awarded by judges in settlement cases. A mesothelioma lawyer can help victims understand how to proceed during the trial process and explain their rights under the law in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. Unlike car accident litigation which is usually easy to identify the parties, asbestos cases can be more complicated. This is particularly true when someone has been exposed to asbestos in more than one place and at different times. An experienced mesothelioma lawyer is able to interview witnesses, including relatives, coworkers, or abatement workers, to create an inventory of products, employers and places. There is a growing concern the cost of resolving claims from past asbestos victims is draining funds that could be used to pay for future cases. Some claimants believe that settlements do not reflect actual injuries and they deserve more compensation. Defendants can fight to dismiss asbestos claims with summary judgment, or a finding that there was not an exposure. These motions, however, require a thorough examination of the evidence as well as an expert's assessment that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. Although the process can take time, a skilled mesothelioma lawyer can assist to accelerate the case and ensure that it doesn't become part of the aforementioned long backlog of cases in the courts.