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Asbestos Litigation In courts all over the country, asbestos litigation has been a major issue. Asbestos exposure has been shown to cause lung damage and lung disease by research. It is vital that attorneys know how to recognize asbestos-related products in each case. This can be accomplished by speaking to colleagues, obtaining records, or analyzing samples taken from home or workplaces. Liability If you or someone close to you is diagnosed with an asbestos-related condition You may be qualified for compensation. Compensation can cover lost wages medical costs, and other costs related to mesothelioma and other asbestos-related disease. You can choose to file a lawsuit or offer an agreement to the defendants. In asbestos cases, there are typically multiple defendants because there are a variety of mining companies that produce asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that offered services to mines or manufacturers who used asbestos, or acted as employers could be held responsible for injuries suffered by victims. Asbestos suits often fall under product liability laws which are based on the laws of the state and common law that allow for damages to be recovered from sellers of products when the products cause injury. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by a mismanufacture or a flawed design, and that the person injured was not properly warned of the dangers associated with using the products. In asbestos cases, defendants usually argue that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products can lead to a range of illnesses. In addition, companies who concealed the risks of asbestos to boost profits have been accused of attempting to cover up by attempting to suppress claims and trying to block workers from seeking financial compensation for injuries they sustained. A jury or judge can decide on how to split the responsibility among defendants when more than one defendant has been found responsible for an asbestos-related injury. This process is referred to as allocation. The apportionment will not affect the amount of compensation the plaintiff can receive from the defendants. Damages A lawsuit filed against a business that produced or sold asbestos products can help victims receive compensation for the losses they suffered. This includes the costs of medical treatment for their disease, as well as lost wages because of being unable to work. westland asbestos lawyer may also be eligible for punitive and compensatory damages. The lawsuit claims that the defendant was negligent, meaning that it did not take reasonable steps to ensure the product was safe for its intended use. It is also claimed that the defendant knew asbestos was a risk and failed to warn workers and consumers of this risk. An asbestos lawsuit can be filed by a person who has suffered the loss or the estate of a deceased person due to an asbestos-related illness, such as mesothelioma. A person can start a lawsuit claiming personal injury to claim compensation for financial and other damages, such as emotional distress and pain and suffering and loss of enjoyment of the life of. The surviving family members of those who have died due to an asbestos-related illness may also pursue a wrongful-death lawsuit. Once an asbestos case has been filed and a settlement is reached, both sides exchange information in a process known as discovery. This may take a few months and may involve lengthy interviews with coworkers and relatives, abatement workers, and others to identify possible defendants and their asbestos-related products. Due to the complicated nature of asbestos litigation it is important that plaintiffs hire an experienced lawyer handle their case. The law firm a victim or their loved ones chooses must have an understanding of the particular complexities involved in asbestos litigation, and be acknowledged by defendants and insurance companies for its expertise in these cases. The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our skill in obtaining maximum compensation for our clients. Contact us today for a no-obligation consultation if you have any questions regarding filing 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 If asbestos victims prevail in their lawsuits, they get compensation from companies who knew they exposed them to dangerous substances. The money is meant to compensate the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation can also cover the pain and suffering. Asbestos cases are often settled rather than go to trial because it is less expensive and easier for the defendant company to settle the case in this way. Settlements also help avoid negative publicity that comes when a verdict is handed down. It is important to hire a mesothelioma lawyer who has experience in obtaining maximum damages for their clients. Mesothelioma lawsuits are complex and require lawyers to conduct thorough research on their client's employment history as well as medical records and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause for their condition. Lawyers can gather evidence and use it to build a mesothelioma case that is strong and successful. Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically comes in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. In many cases these documents, it is clear that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't disclose this information to their workers or to the general public. A number of states have set a time limit, known as a statute of limitations, on the length of time asbestos victims can sue. These time periods vary by state, but they typically range between one and two years. If the statute of limitations expires before a mesothelioma case is filed, the victims lose their right to compensation. The amount victims will receive is contingent upon the asbestos-related diagnosis they receive and how severe their condition is and other aspects. Attorneys consider the cost of treatment and other costs when trying to make sure that patients have enough funds for their medical bills. Asbestos-related victims can also file claims with trust funds, which were created to pay compensation to those who have been diagnosed with mesothelioma or other asbestos-related diseases. Certain trusts have been wiped out, but others continue to pay substantial prizes. For instance, in the year 2018 the 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 a better option for asbestos victims than settlement offers. Trials can also help settle issues that aren't resolved through settlement negotiations, for instance the different methods of calculating damages and whether the patient's condition resulted from specific exposures. In a court of law, plaintiffs be required to prove that they are entitled to damages including past and future medical costs and lost wages, damages to property or property, pain and discomfort and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial can be long. Over the past 10 years, jury awards in mesothelioma cases have risen significantly, and are far more than the amount of money awarded to settlement cases by judges. A mesothelioma attorney can help victims understand what to do in the trial process and also explain their rights under the law in a courtroom that is open to the public. A qualified lawyer can also assist in identifying potential defendants. In contrast to car accident litigation where it's usually easy to determine the responsible parties involved, asbestos cases can be more complex. This is especially true if someone has been exposed to asbestos in more than one place and at different dates. A mesothelioma lawyer with experience can interview witnesses such as co-workers, relatives, abatement workers and suppliers to create a detailed database of the companies as well as their products and locations. The expense of settling asbestos claims drains funds that could have been used to pay future cases. Many claimants also believe that settlements don't reflect the actual damage and that they are entitled to a higher amount of compensation. Plaintiffs can challenge dismissal of asbestos claims with the process of summary judgment, or by finding that there was no exposure. These motions, however, require an exhaustive examination of the evidence and an expert opinion that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can help speed up the process and prevent the case from becoming a burden in the courts.