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Asbestos Litigation In courts all over the country asbestos litigation has been a major problem. Research has proved that asbestos exposure can cause lung damage and cause disease. An attorney should be able recognize asbestos in every case. This can be accomplished by speaking to colleagues, obtaining records, or analyzing samples from homes or workplaces. Liability You may be entitled to compensation If you or someone you know is diagnosed with a condition related to asbestos. Compensation can cover the loss of wages, medical expenses and other costs associated with mesothelioma. You may choose to file a lawsuit or offer an agreement to the defendants. In asbestos cases, there are generally multiple defendants because there are a variety of mining companies that manufacture asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or in the capacity of an employer could also be held responsible for the injuries of victims. Asbestos-related lawsuits are often categorized under the legal category of product liability law, which is founded on state and common laws that permit damages to be recouped from manufacturers of products if the products cause injuries. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused by manufacturing errors or a defective design, and the person injured wasn't adequately warned of the dangers that could result from using the products. In asbestos cases, defendants typically claim that they did not behave negligently and that their products are safe, despite the fact that doctors have long recognized that asbestos-containing products is linked to various illnesses. Companies that concealed asbestos risks to boost profits were accused of cover-up, as they tried to suppress claims and prevent workers from claiming the financial compensation they deserve for their injuries. If more than one defendant is found to be liable for the asbestos-related injuries sustained by a victim the judge or jury can decide how to divide the blame between them in a process known as allocation. The apportionment doesn't affect the amount of compensation that the plaintiff is entitled to from the defendants. Damages A lawsuit filed against a company 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 be awarded punitive and compensatory damages. The lawsuit claims that the defendant acted negligently and did not exercise reasonable care to ensure that the product was safe for the intended use. It also is alleged that the defendant knew asbestos was dangerous, but failed to warn consumers and workers of this risk. The estates or victims of people who have died from asbestos-related diseases like mesothelioma can start an asbestos lawsuit. A person may make a personal injury claim to claim compensation for economic and non-economic damages, such as emotional distress and suffering, loss of enjoyment life, and suffering and pain. The surviving family members of someone who has died from an asbestos-related illness may also file a wrongful deaths lawsuit. Once an asbestos case has been filed, both sides share information in a process known as discovery. This process can take several months and may require interviews with coworkers, family members, abatement workers, and others to determine potential defendants. Due to the complex nature of asbestos litigation, it is important that plaintiffs have an experienced lawyer handle their case. The law firm a victim or their family chooses must be aware of the unique challenges of asbestos litigation. They should also be acknowledged by insurance companies and defendants for its expertise. LK's attorneys are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are known for our ability to obtain the maximum amount of compensation to our clients. Contact us for a no-obligation consultation for any questions about bringing a lawsuit against 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 via email or phone today to start your journey. Settlements When asbestos victims win their lawsuits, they are awarded compensation from the companies who exposed them to hazardous substances. This money is meant to assist the family members of the victim with the financial burdens resulting from the asbestos exposure. Compensation can also be used to cover the cost of suffering and pain. Asbestos cases usually settle rather than going to trial, as it is cheaper and easier for defendant companies to settle the case in this way. Settlements also help avoid negative publicity that comes from a trial verdict. It is crucial to select mesothelioma attorneys who have years of experience in obtaining maximum damages on behalf of their clients. Mesothelioma cases are extremely complex and lawyers must do extensive research on the medical records of their clients and work history as well as asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause of their condition. Lawyers can gather evidence and use it to create a strong mesothelioma lawsuit. During pre-trial discovery, depositions and pre-trial depositions, mesothelioma lawyers can uncover evidence of asbestos-related companies negligence. Evidence usually is found in internal memos, corporate documents and testimony from former employees who have worked with asbestos-containing products. These documents often reveal that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related illnesses, but didn't tell their workers or the general public. Many states have set a time limit, known as a statute of limitations, for how long asbestos-related victims can sue. These time periods vary by state, but usually vary from one to two years. If the statute of limitations expires before a case for mesothelioma can be filed, the victim will lose their right to compensation. The amount of compensation a victim are entitled to is determined by the severity of their condition as well as their diagnosis and other factors. Attorneys consider treatment costs and other expenses when trying to make sure that patients have enough funds for their medical bills. Asbestos victims might also be able to file claims through trust funds set up to help those diagnosed with mesothelioma or other asbestos-related illnesses. Some of these trusts have dwindled, however others continue paying out substantial awards. In 2018 an appeals court in the U.S. awarded $70,000,000 to the family of a U.S. deltona asbestos lawsuit diagnosed mesothelioma after working with gaskets manufactured by John Crane Inc. Trials Trials are the best option for asbestos victims than settlement offers. Trials can solve issues that aren't resolvable through settlement negotiations. For example, there could be differences in the calculation of damages and whether a victim's condition is due to a specific exposure. In a court of law, plaintiffs be required to prove that they are entitled to damages including future and past medical costs loss of wages, damages to property, pain and discomfort, and loss in consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process can be lengthy. In the last 10 years mesothelioma jury awards have increased dramatically and significantly exceeded the amount given by judges in settlement cases. A mesothelioma lawyer can help patients understand how to proceed during the trial procedure and will explain their legal rights in a courtroom that is open to the public. A qualified lawyer can also help to identify potential defendants. As opposed to the litigation in car accidents where it is typically easy to identify the parties involved, asbestos cases are more complicated. This is especially the case when the victim was exposed to more than one type of asbestos and in various locations. A knowledgeable mesothelioma lawyer will interview witnesses, including relatives, coworkers, or abatement workers, to compile an inventory of products, employers, and places. There is a growing concern the expense of settling claims of asbestos victims from the past can drain funds that could be used to fund future cases. In addition, some claimants believe that settlements should be basing on actual injuries and should be compensated more. The defendants in asbestos cases may fight to have claims dismissed through summary judgment or a determination of no exposure. However these motions require an in-depth review of the evidence and a professional opinion that the doses measured of asbestos the plaintiff took were not enough to cause mesothelioma. Although the process can take a while, a seasoned mesothelioma lawyer can assist to accelerate the case and ensure that it doesn't become part of the aforementioned long backlog of cases in courts.