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Asbestos Litigation A substantial amount of asbestos-related litigation has been dealt with in courts across the nation. Research has proven that exposure to asbestos can cause lung damage and cause disease. It is crucial for an attorney to understand how to identify asbestos products in each case. This can be accomplished through conversations with coworkers, obtaining records, and analysing samples taken from homes or workplaces. Liability If you or someone close to you is diagnosed with an asbestos-related disease You may be eligible for compensation. Compensation may help pay for lost wages medical costs, and other expenses associated with mesothelioma or another asbestos-related illness. You can make a claim for compensation or a settlement offer from the defendants in the case. There are typically many defendants in an asbestos-related case because there are many mining companies that produced asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that supplied services to mines or manufacturers that used asbestos or who were employers could be held liable for injuries sustained by victims. Asbestos suits often fall under the law of product liability which are based on the common law and state laws that permit damages to be recouped from the seller of a product when they cause injury. In a lawsuit involving product liability where the injuries occurred due to defective design or manufacturing and that the victim wasn't adequately warned about the dangers associated with products. In asbestos cases, defendants typically claim that they did not act recklessly and that their products are safe, even though doctors have long recognized asbestos-containing products is linked to various diseases. Companies that hid asbestos risks to boost profits were accused of cover-up, and they attempted to thwart claims and stop workers from seeking financial compensation for injuries they sustained. A jury or judge can decide how to divide the responsibility among defendants when more than one defendant has been blamed for an asbestos-related injury. This process is known as allocation. The apportionment process does not affect the total amount of money a plaintiff could receive as compensation from the defendants in the case. Damages A lawsuit against a company that manufactured or sold asbestos can help victims receive compensation. This includes the cost for medical treatment and lost wages because of being unable their job. Victims can also receive compensation and punitive damages. The lawsuit asserts that the defendant acted negligently in that it failed to exercise reasonable care to ensure that the product was safe for its intended use. The lawsuit further alleges that the defendant knew asbestos could be hazardous and failed to inform consumers and workers about the dangers. A victim or the estates of people who have died from asbestos-related diseases like mesothelioma may make an asbestos lawsuit. A person can start a lawsuit claiming personal injury in order to obtain compensation for financial and other damages, such as emotional distress, pain and suffering, and loss of enjoyment the life of. Family members of someone who has died from an asbestos-related illness can also pursue a wrongful-death lawsuit. Once an asbestos-related case has been initiated, the parties exchange information through an process known as discovery. This process can last several months and may require interviews with family members, coworkers, members, abatement workers and others to determine potential defendants. It is important for plaintiffs to have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm that a plaintiff or their family chooses be aware of the complexities unique to asbestos litigation, and be acknowledged by insurers and defendants for its expertise in asbestos cases. The lawyers at LK are asbestos litigation experts with years of experience representing asbestos victims and their families. We are well-known for our skill in obtaining the highest compensation for our clients. If you have any questions about filing an asbestos lawsuit, call us for a free consultation. We are committed to fighting for justice in the best interests of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients from all over the nation. Contact us via phone or email now to get started. Settlements If asbestos victims prevail in their lawsuits, they receive compensation from the companies who exposed them to hazardous substances. The money is intended to assist the victim and their family in the event of financial losses due to the asbestos exposure. Compensation may also cover pain and suffering. Asbestos cases tend to settle rather than going to trial because it is cheaper and easier for defendants to settle the matter in this manner. Settlements also avoid negative publicity that can come when a verdict is handed down. It is crucial to select mesothelioma lawyers who have expertise in obtaining the highest amount of damages for their clients. Mesothelioma lawsuits can be complex and require attorneys to conduct thorough research on their client's work history, medical records, and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause of their illness. Lawyers are able to gather evidence and use it to construct a solid mesothelioma lawsuit. Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and discovery. Evidence typically comes from internal memos, corporate documents and testimony of former employees who have worked with asbestos-containing materials. In many instances, these documents show that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related diseases but did not disclose this information to their employees or the public. There are many states that set time limits, called statutes of limitations that define how long an asbestos victim can start a lawsuit. south bend asbestos law firm vary from state to state, but usually vary from one to two years. If the statute of limitation expires before a suit for mesothelioma is filed, victims will lose the right to receive compensation. The amount victims receive will depend on their asbestos-disease diagnosis, how severe their condition is, and other factors. Attorneys will consider the cost of treatment as well as other expenses in negotiations to ensure that patients have enough money to cover their medical expenses. Asbestos sufferers can also file claims with trust funds that were set up to compensate those who have been diagnosed with mesothelioma, or other asbestos-related illnesses. Some of these trusts have been depleted, but some continue to pay significant awards. For example, in 2018 an appeals court in the United States awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets produced by John Crane Inc. Trials Trials are an option that is better for asbestos victims than settlement offers. Trials can also help settle issues that cannot be resolved through settlement negotiations, such as the different methods of calculating damages and whether the condition resulted from specific exposures. In a court of law, plaintiffs need to prove they are entitled damages, including past and future medical costs, lost wages, damage to property, pain and discomfort, and loss of consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injury. The trial process is typically lengthy. In the last decade mesothelioma juries' awards have increased significantly and have far exceeded the amount awarded by judges in settlement cases. A mesothelioma lawyer can assist victims understand the trial process, and can explain their legal rights in a courtroom that is open to the public. A lawyer with experience can also assist in identifying potential defendants. In contrast to car accident litigation where it's usually easy to identify the responsible parties, asbestos cases can be more complicated. This is especially true if the victim was exposed to more than one type of asbestos and in various locations. A seasoned mesothelioma attorney will interview witnesses, such as coworkers, relatives, abatement workers and suppliers to create an exhaustive database of the companies, products and locations. There is a growing concern that the expense of settling claims from past asbestos victims has a negative impact on funds that could be used to fund future cases. Furthermore, some claimants believe that settlements are not basing on actual injuries and deserve more in compensation. Defendants can fight to dismiss asbestos claims by obtaining the process of summary judgment, or by finding that there was not an exposure. However these motions require an in-depth review of the evidence and an expert's view that the measured doses of asbestos the plaintiff took were not sufficient to cause mesothelioma. A mesothelioma lawyer can speed up the process and avoid the case from becoming part of the backlog in the courts.