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Asbestos Litigation In the courts across the nation asbestos litigation has been a significant issue. Asbestos exposure has been shown to cause lung disease and damage through research. An attorney must be able to identify asbestos in every case. This can be done by discussing with colleagues, obtaining documents, or by analyzing samples taken from homes or workplaces. Liability If you or a loved one is diagnosed with an asbestos-related illness, you may be eligible for compensation. Compensation may help pay for lost wages and medical expenses as well as other expenses related to mesothelioma and other asbestos-related disease. You can make a claim for compensation or make a settlement offer from the defendants in the case. In asbestos cases, there are typically multiple defendants because there are many mining companies that manufacture asbestos as well as manufacturers of products that contain 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 an employer capacity could also be liable for the injuries sustained by victims. Asbestos lawsuits usually fall under the legal category of product liability law, which is based on common and state laws that permit damages to be sought against sellers of products if those products cause injury to. In a product liability lawsuit it is claimed that the injuries were caused by defective design or manufacturing and that the victim wasn't adequately warned about the risks associated with the products. In asbestos cases, defendants typically argue that they were not negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products are linked to a variety of diseases. Companies that concealed asbestos risks to boost profits were accused of cover-up, and they attempted to deny claims and block workers from claiming an amount of compensation for their injuries. If more than one defendant is found responsible for the victim's asbestos-related injuries, a jury or judge could decide on how to divide the responsibility among them in a process called the apportionment. The apportionment of liability will not affect the total amount of money a plaintiff can receive in compensation from the defendants in the case. Damages A lawsuit filed against a firm that manufactured or sold asbestos-related products can help victims recover compensation for the losses they suffered. This includes the cost of medical treatment for their condition and lost wages due to being unable to work. Victims can also be awarded compensatory and punitive damages. The lawsuit alleges that the defendant acted with negligence in that it failed to take reasonable care to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew that asbestos was a risk and failed to provide warnings to consumers and workers about the dangers. A person who is a victim or the estates of people who have died from asbestos-related diseases such as mesothelioma are able to bring an asbestos lawsuit. A person can file a lawsuit for personal injury to seek compensation for financial and other damages like emotional distress and pain and suffering and loss of enjoyment the life of. Family members who have survived someone who has died from an asbestos-related illness can also file a wrongful deaths lawsuit. After an asbestos lawsuit is filed, both sides exchange information during a process called discovery. This may take a few months and may include lengthy interviews with coworkers or relatives, abatement employees and others in order to identify potential defendants and their asbestos-related products. Due to the complex nature of asbestos litigation, it is essential that plaintiffs have an experienced lawyer to handle their case. The law firm that a victim or their loved ones chooses must be aware of the complexities unique to asbestos litigation and be recognized by defendants and insurance companies for its experience in these cases. LK's attorneys are asbestos litigation experts with years of experience representing asbestos victims and their families. We are renowned for our success in obtaining maximum compensation for clients. Contact us for a free consultation should you have any questions about filing a lawsuit against asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us by phone or email now to get started. Settlements If asbestos victims win their cases, they receive compensation for the companies that exposed them substances. The money is intended to help the victim's family and friends financially for the financial loss resulting from the asbestos exposure. Compensation can help cover the pain and suffering. maine asbestos attorney 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 in this manner. Settlements can also prevent the negative publicity that can come when a jury verdict is handed down. It is crucial to select an attorney for mesothelioma who has expertise in obtaining the highest amount of damages for their clients. Mesothelioma lawsuits are complicated and require attorneys to conduct extensive investigations into their client's past work history, medical records and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be the cause of the disease. Lawyers can then collect evidence and use it to build a strong mesothelioma lawsuit. During depositions and discovery prior to trial mesothelioma lawyers may uncover evidence of asbestos companies negligence. Evidence usually comes in the form internal memos, corporate documents and the testimony of former employees who worked with asbestos-containing products. In many cases, these documents show that asbestos manufacturers were aware of mesothelioma's risks and other asbestos-related ailments, but did not divulge this information to their employees or the public. Many states have set a limitation, also known as a statute of limitations, on how long asbestos-related victims can file a lawsuit. The durations vary by state, but they typically vary between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, the victims lose their rights to a fair settlement. The amount of money that victims receive will depend on the asbestos-related illness they have been diagnosed with and how severe their condition is, and other aspects. Attorneys consider treatment costs and other expenses when negotiating to ensure that patients have enough money to pay for their medical expenses. Asbestos sufferers may 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 are empty, while others continue to pay out substantial awards. For instance, in 2018, a federal jury awarded $70 million to the family of an 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 to resolve issues that cannot be resolved through settlement negotiations, like the different methods of calculating damages and whether the condition was caused by exposures specific to the victim. In a court of law, plaintiffs will be required to prove that they are entitled to damages including future and past medical expenses loss of wages, damages to property as well as 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 can be long. In the past decade mesothelioma-related jury awards cases have risen dramatically and far exceeded the amount of money awarded to settlement cases by judges. An attorney for mesothelioma can help victims understand the trial process and explain their legal right before a judge in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Unlike car accident litigation, where it is often easy to identify the responsible individuals involved, asbestos litigation are more complicated. This is particularly true when someone has been exposed to asbestos in multiple locations and at different times. A knowledgeable mesothelioma lawyer will interview witnesses, such as family members, coworkers and abatement workers, to create a database of companies, products, and the locations. There is a growing concern the cost of settling claims from past asbestos victims is consuming funds which could be used to pay for future cases. Furthermore, some claimants believe that settlements are not based on actual injuries and should be compensated more. Defense attorneys can argue to dismiss asbestos claims through the process of summary judgment, or by finding that there was no exposure. However, these motions require a thorough review of the evidence and an expert's view that the measured doses of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and keep the case from becoming part of the backlog in the courts.