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Asbestos Litigation In the courts across the country asbestos litigation has been a major problem. Research has proved that asbestos exposure can cause lung damage and illness. It is crucial for attorneys to know how to identify asbestos-related materials in each case. This can be done by talking to co-workers, getting documents, or analyzing samples taken from home or workplaces. Liability You could be eligible for compensation in the event that you or someone you love has been diagnosed with a health condition that is linked to asbestos. Compensation can help with lost wages and medical expenses as well as other costs related to mesothelioma and other asbestos-related disease. You can bring a lawsuit in order to obtain compensation or a settlement offer from the defendants in the case. There are typically multiple defendants in an asbestos case because there are numerous mining companies that made asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who offered services to mines or manufacturers that made use of asbestos or acted as employers could be held responsible for injuries sustained by victims. Asbestos suits often fall under product liability laws that are based on common and state laws that permit damages to be recouped from the seller of a product when the products cause injury. In a product liability lawsuit it is claimed that the injuries were caused by an ineffective design or fabrication, and that the victim wasn't adequately warned about the risks associated with 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 years that asbestos-containing products are linked to a range of illnesses. Companies who concealed asbestos-related risks to boost profits were accused of a cover-up, as they tried to thwart claims and stop workers from seeking financial compensation for injuries they sustained. If more than one defendant is found responsible for the asbestos-related injuries sustained by a victim, a judge or jury could decide how to split the blame between the defendants in a process referred to as apportionment. The apportionment process does not alter the amount of money that the plaintiff could receive as compensation from the defendants in the case. Damages A lawsuit filed against a business that produced or sold asbestos-related 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 may also be eligible for compensation and punitive damages. The lawsuit alleges the defendant acted negligently, which means that it did not take reasonable steps to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos could be dangerous and failed in educating consumers and workers about the dangers. A person who has been a victim or the estates of people who have died from asbestos-related diseases such as mesothelioma may make an asbestos lawsuit. A person may bring a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional distress and loss of enjoyment of life as well as pain and suffering. The surviving family members of someone who has passed away due to an asbestos-related condition can make a claim for wrongful death. Once an asbestos-related case is filed, the parties exchange information via the process of discovery. This may take a few months and may include extensive interviews with co-workers family members, abatement workers, relatives and others to determine potential defendants and asbestos-related products. Due to the complicated nature of asbestos litigation it is crucial that plaintiffs get an experienced lawyer handling their case. The law firm a victim or their family chooses should understand the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for their experience. Lawyers from LK have years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our expertise in obtaining the highest compensation for our clients. Contact us for a no-obligation consultation for any questions regarding filing a lawsuit against asbestos. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients from all over the nation. Contact us via phone or email today to get started. Settlements When asbestos victims win their cases, they receive compensation from the companies which exposed them to harmful substances. The money is intended to assist the family members of the victim with financial losses resulting from the asbestos exposure. Compensation can also be used to cover the pain and suffering. Asbestos lawsuits are often settled instead of going to trial. This is because it's easier and cheaper for the defendant companies to settle the case this way. Settlements also avoid negative publicity that may come when a verdict is handed down. It is important to hire an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients. Mesothelioma lawsuits can be complex and require lawyers to conduct extensive research into their client's employment history, medical records and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be the cause of the disease. Lawyers can then collect evidence and use it in the preparation of an effective mesothelioma suit. In the course of pre-trial discovery and depositions mesothelioma lawyers are able to discover evidence of asbestos companies' negligence. Evidence typically is found in internal memos, corporate documentation and the testimony of former employees who worked with asbestos-containing material. These documents usually show that asbestos producers were aware of mesothelioma's dangers, and other asbestos-related illnesses however they didn't inform their workers or the general public. A number of states have set a limit, known as a statute of limitations, on how long asbestos-related victims can sue. The length of time varies by state, but usually vary from one to two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed the victim will lose their right to receive compensation. The amount victims can receive depends on the asbestos-related diagnosis they receive and how severe their condition is and other aspects. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure patients have enough money to pay for their medical bills. Asbestos victims may also file claims using trust funds, which were created to compensate people who have been diagnosed with mesothelioma, or other asbestos-related diseases. Some of these trusts have been closed, while others still pay huge amounts of money. In 2018 the federal court awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets manufactured by John Crane Inc. Trials Trials are the better option for asbestos victims than settlement offers. Trials can also help settle problems that cannot be resolved through settlement negotiations, including differences in how to calculate damages and whether the condition resulted from specific exposures. In a trial the plaintiffs have to prove that they have the right to damages, which include future and past medical expenses, lost wages, property damages, pain and suffering, and loss of consortium. In grand prairie asbestos attorneys , the defendant has to prove that it is liable for the asbestos-related injuries. The trial process is typically lengthy. In the past decade mesothelioma jury awards cases have increased significantly and have far outstripped the amount that is awarded to settlement cases by judges. A mesothelioma attorney can help victims understand the trial process and explain their legal right in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases are more complex than litigation involving car accidents, where it is typically easy to identify responsible parties. This is particularly true when a person was exposed to more than one kind of asbestos and in multiple places. A knowledgeable mesothelioma lawyer will interview witnesses, such as relatives, coworkers, or abatement workers to compile an inventory of products, employers, and places. The expense of settling asbestos claims drains funds that could have been used to pay future cases. In addition, some claimants believe that settlements are not based on actual injuries and deserve more in compensation. The defendants can seek to dismiss asbestos claims using the process of summary judgment, or by finding that there was no exposure. However they must be able to provide an in-depth review of the evidence and an expert opinion that the doses of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. Although the process can be lengthy, a knowledgeable mesothelioma lawyer can help accelerate the process and make sure that it doesn't be added to the long queue of cases that are awaiting the courts.