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Asbestos Litigation A large amount of asbestos litigation has been handled in courts across the nation. Studies have proven that exposure to asbestos can cause lung damage and illness. An attorney must be able recognize asbestos in every case. This can be done through speaking to colleagues, obtaining documents, or by analyzing samples from homes or workplaces. Liability You may be entitled to compensation in the event that you or someone you know is diagnosed with a health condition that is linked to asbestos. Compensation can assist with the loss of wages medical expenses, as well as other expenses associated with mesothelioma, or any other asbestos-related disease. You can choose to make a claim or offer a settlement to the defendants. In asbestos cases, there are generally multiple defendants due to the fact that there are many mining companies that produce asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that provided services to mines, or manufacturers that used asbestos or who acted as employers could be held liable for injuries to victims. Asbestos suits are typically governed by the law of product liability, which are based on the common law and state laws which permit damages to be recovered from sellers of products when the products cause injury. In a suit for product liability it is claimed that the injuries occurred due to faulty design or mismanufacture and that the injured person was not 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 in spite of the fact that doctors have known for a long time that asbestos-containing products are linked to a range of illnesses. Companies that hid asbestos risks to make profits were accused of cover-up, as they tried to thwart claims and stop workers from claiming financial compensation for their injuries. A judge or jury can decide on how to split the responsibility among defendants when more than one defendant has been identified as being responsible for an asbestos-related injury. This is known as allocation. The apportionment of liability does not alter the amount of money a plaintiff could receive as compensation from the defendants in the case. Damages A lawsuit against a company that produced or sold asbestos could help victims receive compensation. This includes the costs of medical treatment for their illness and the loss of wages because of being unable to work. Victims also may receive compensatory and punitive damages. The lawsuit claims that the defendant acted negligently in that it failed to use reasonable care to ensure the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to warn consumers and workers of this risk. An asbestos-related 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. An individual can make a personal injury claim to claim compensation for economic and non-economic damages, such as emotional distress as well as loss of enjoyment life, and pain and suffering. Family members of someone who has died from an asbestos-related illness can also bring a wrongful death lawsuit. When an asbestos lawsuit has been filed, the two parties share information through the process known as discovery. The process can last for several months and could require interviews with coworkers, family members, abatement workers, and others to identify potential defendants. Due to the complex nature of asbestos litigation, it is imperative that plaintiffs hire an experienced lawyer handling their case. The law firm that a plaintiff or their loved ones chooses must have an understanding of the unique complexities of asbestos litigation and be recognized by defendants and insurance companies for its experience in these cases. The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are well-known for our skill in obtaining maximum compensation for our clients. If you have questions about filing an asbestos suit, contact us for a free consultation. We are committed to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us now to begin. Settlements If asbestos victims prevail in their lawsuits, they receive compensation from the companies that exposed them substances. The money is meant to compensate the victim as well as their family members for the financial losses resulting from asbestos exposure. Compensation can also cover the cost of suffering and pain. Asbestos cases usually settle rather than going to trial, because it is less expensive and easier for defendants to settle the case in this way. Settlements also prevent negative publicity that can come from a trial verdict. It is essential to choose a mesothelioma lawyer who has experience in obtaining maximum damages for their clients. Mesothelioma cases are extremely complex and lawyers must conduct extensive research about their clients' medical records as well as their work history and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their condition. Lawyers are able to gather evidence and use it to create a strong mesothelioma lawsuit. During depositions and discovery prior to trial mesothelioma lawyers will uncover evidence of asbestos companies negligence. Evidence typically comes in the form internal memos, corporate documents and statements of former employees who have worked with asbestos-containing products. In many instances, these documents show that asbestos producers knew about the dangers of mesothelioma and other asbestos-related diseases, but did not divulge this information to their workers or the public. A number of states have imposed a time limit, known as a statute of limitations, for how long asbestos-related victims can file a lawsuit. The durations vary by state, but they typically range between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, victims lose their rights to be compensated. The amount of compensation that victims will receive is based on the severity of their condition and their diagnosis as well as other factors. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients have enough funds to pay their medical bills. garland asbestos attorney may also be able to claim through trust funds set up to help those diagnosed with mesothelioma and other asbestos-related illnesses. Some of these trusts have been depleted but others continue to pay out large payouts. In 2018 the United States court granted $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma from gaskets manufactured by John Crane Inc. Trials Trials are a better option for asbestos victims than settlement offers. Trials can solve issues that aren't resolved through settlement negotiations. For example, there could be differences in the calculation of damages and the extent to which a person's condition is caused by a specific exposure. In a court of law, plaintiffs will be required to prove that they are entitled to damages including future and past medical expenses, lost wages, damage to property or property, pain and discomfort and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial process is often lengthy. In the past decade mesothelioma juries' awards have risen significantly and have substantially exceeded the amount granted by judges in settlement cases. A mesothelioma attorney can help victims understand the steps to take during the trial process and can explain their legal rights in a courtroom with an open door. A lawyer with experience can also help to identify potential defendants. Contrary to litigation involving car accidents which is usually easy to identify the individuals involved, asbestos litigation can be more complicated. This is particularly true when an individual has been exposed to asbestos in more than one place and at different times. A knowledgeable mesothelioma lawyer will interview witnesses, including relatives, coworkers, or asbestos workers, to build an inventory of the companies, products and 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. Many claimants also believe that settlements do not reflect actual injuries and they deserve more compensation. Plaintiffs in asbestos cases can seek to dismiss claims through summary judgment or a finding of no exposure. These motions require a thorough examination of the evidence and an expert's assessment that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma attorney can help accelerate the process and prevent the case from becoming a backlog in the courts.