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Asbestos Litigation A significant amount of asbestos litigation has been dealt with in courts across the nation. Asbestos exposure is proven to cause lung damage and lung disease by research. It is vital for an attorney to know how to spot asbestos products in each case. This can be accomplished by talking with co-workers collecting records, or taking samples from homes or workplaces. Liability You could be eligible for compensation in the event that you or someone you love is diagnosed with a health condition that is linked to asbestos. Compensation can cover lost wages medical costs, and other costs related to mesothelioma and other asbestos-related disease. You can start a lawsuit or offer an agreement to the defendants. There are typically multiple defendants in an asbestos-related case because there are numerous mining companies that made asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines, or manufacturers that used asbestos or acted as employers could be held accountable for injuries suffered by victims. Asbestos-related lawsuits are often categorized under the legal category of product liability law, which is based on common and state laws that allow damages to be recovered against sellers of products if those products cause injuries. In a lawsuit involving product liability, it is alleged the injuries were caused by an ineffective design or fabrication, and that the victim was not adequately informed about the dangers of the products. The defendants in asbestos cases typically claim that they did not do anything recklessly and that their products were safe, even though doctors have long recognized the use of asbestos-containing items is linked to various diseases. Moreover, companies that hid asbestos's dangers to increase profits have been accused of engaging in a cover-up by trying to thwart claims and trying to prevent workers from seeking financial compensation for injuries they sustained. A jury or judge can decide how to distribute the blame between defendants in cases where more than one defendant has been found to be responsible for an asbestos-related injury. This process is referred to as the apportionment. The apportionment of liability does not alter the amount that the plaintiff could receive as compensation from the defendants in the case. Damages A lawsuit against a business which manufactured or sold asbestos can help victims receive compensation. This includes the cost of medical treatment for their illness and lost earnings due to the inability to work. Victims also may receive compensatory and punitive damages. The lawsuit alleges that the defendant was negligent, meaning that it failed to 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 the danger. An asbestos lawsuit could be filed by a victim or the estate of a person who passed away from an asbestos-related condition like mesothelioma. A person can make a claim for personal injury in order to obtain compensation for other and economic damages like emotional distress, pain and suffering, and loss of enjoyment of the life. 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 is filed, the two sides share information through an process known as discovery. It can take several months, and may require lengthy interviews with coworkers, relatives, abatement workers and others to determine possible defendants and their asbestos-related products. It is crucial for plaintiffs to choose an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that a plaintiff or their loved ones chooses must be aware of the unique complexities of asbestos litigation and should be recognized by insurers and defendants for its expertise in asbestos cases. The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are renowned for our ability to obtain the highest amount of compensation for our clients. Contact us for a free consultation should you have any questions about bringing 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 from all over the country. Call or email us today to begin. Settlements If asbestos victims win their cases, they receive compensation from the companies that exposed them to dangerous substances. The money is intended to pay the victim and their family members for financial losses caused by asbestos exposure. Compensation can also be used to cover the cost of suffering and pain. Asbestos cases usually settle rather than going to trial, because it is cheaper and easier for defendant companies to resolve the case this way. Settlements can also help avoid the negative publicity that can come when a jury verdict is handed down. It is essential to choose mesothelioma lawyers who have expertise in obtaining the highest amount of damages for their clients. Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive investigations into their client's past work history, medical records, and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the condition. Lawyers are able to gather evidence and use it to build a strong mesothelioma lawsuit. During depositions and discovery prior to trial mesothelioma lawyers will find evidence of asbestos-related 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, it is clear that asbestos manufacturers were aware of the dangers of mesothelioma and other asbestos-related ailments, but didn't disclose the information to their employees or the general public. Many states have set a limit, known as a statute of limitations, on how long asbestos victims can make a claim. These time periods vary by state, but generally range between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed victims will lose their right to compensation. The amount of compensation that victims 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 costs when negotiating to ensure that patients have enough money for their medical bills. Asbestos victims might also be able to file claims through trust funds established for patients diagnosed with mesothelioma or other asbestos-related illnesses. Some of these trusts have been exhausted, but others still pay significant awards. In 2018 the United States court granted $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma due to 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 cannot be resolved through settlement negotiations, for instance the different methods of calculating damages and whether the victim's condition resulted from specific exposures. In a trial, plaintiffs must show that they are entitled to damages, including future and past medical expenses and lost wages, property damage, pain and suffering, and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injuries. The trial process can be lengthy. In the last 10 years, jury awards for mesothelioma have increased significantly and have substantially exceeded the amount granted by judges in settlement cases. A mesothelioma lawyer can assist victims understand the process of trial, and can explain their legal rights before a judge in a public courtroom. omaha asbestos lawsuit can also assist in identifying potential defendants. Asbestos cases are more complicated than litigation involving car accidents, where it is generally easy to identify the parties responsible. This is especially true when an individual was exposed to more than one type of asbestos and in multiple locations. An experienced mesothelioma attorney can speak with witnesses like co-workers or relatives, abatement workers and suppliers to create an extensive database of the companies, products and locations. The cost of resolving asbestos claims drains funds that could have been used to fund future cases. Some claimants believe that settlements don't reflect actual injuries and they should be compensated more. In asbestos cases, defendants can fight to have claims dismissed through summary judgment or a conclusion of no exposure. However, these motions require an extensive review of evidence and an expert opinion that the doses measured of asbestos that plaintiffs received were not sufficient to cause mesothelioma. A mesothelioma lawyer can help speed up the process and avoid the case from becoming a backlog in the courts.