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Asbestos Litigation In courts all over the nation asbestos litigation has been a significant issue. Research has shown that exposure to asbestos can cause lung damage as well as disease. An attorney should be able identify asbestos in every case. This can be done by speaking to colleagues, obtaining records, or analyzing samples from homes or workplaces. Liability You may be entitled to compensation in the event that you or someone you love is diagnosed with a disease that is related to asbestos. Compensation can be used to pay for the loss of wages, medical expenses as well as other expenses associated with mesothelioma. You can bring a lawsuit in order to obtain compensation or make a settlement offer from the defendants in the case. There are typically several defendants in an asbestos case because there are many mining companies that produce asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or in a position of employer could also be held responsible for injuries suffered by victims. Asbestos suits often fall under products liability laws that are based upon state and common laws which permit damages to be recouped from the sellers of products if they cause injury. In particular, in a liability lawsuit, it is alleged that the injuries were caused by mismanufacture or defective design and that the person who suffered injury was not adequately warned of the risks that came with using the products. The defendants in asbestos cases typically claim that they didn't act negligently and that their products were safe, even though doctors have long recognized that asbestos-containing products is linked to various illnesses. Companies that hid asbestos risks to make profits were accused of cover-up, as they tried to block claims and keep workers from claiming financial compensation for injuries they sustained. A judge or jury may decide how to allocate responsibility between defendants if more than one defendant has been found to be responsible for an asbestos-related injury. This process is called the apportionment. The apportionment of liability does not affect the total amount that a plaintiff can receive in compensation from the defendants in the case. Damages A lawsuit against a company that produced or sold asbestos could help victims recover compensation. This includes the cost for medical treatment and lost wages because of being unable their job. Victims could also be awarded compensation and punitive damages. The lawsuit asserts that the defendant acted with negligence and did not exercise reasonable care to ensure the product was safe for its intended use. The lawsuit also claims that the defendant knew that asbestos was a risk and failed to provide warnings to consumers and workers about this risk. A victim or the estates of those who have passed away from asbestos-related diseases such as mesothelioma could bring an asbestos lawsuit. An individual can file a personal injury lawsuit to claim compensation for economic and non-economic damages, such as emotional anxiety, loss of enjoyment of life, and pain and suffering. In addition, the surviving family members of a deceased person from an asbestos-related illness can file a wrongful death lawsuit. Once an asbestos case has been filed and the parties share information in a process called discovery. This may take a few months, and may require lengthy interviews with coworkers and relatives, abatement workers and others to determine potential defendants as well as their asbestos-related products. It is essential that plaintiffs have an experienced attorney to handle their case due of the complex nature of asbestos litigation. The law firm a victim or their family chooses to work with should be aware of the complexities unique to asbestos litigation and be recognized by defendants and insurance companies for its expertise in asbestos cases. LK's attorneys are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are well-known for our skill in obtaining the highest compensation for clients. If you have any questions regarding filing an asbestos lawsuit, call us for a no-cost consultation. We are committed 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 from all over the nation. Contact us via phone or email today to get started. Settlements When victims win their asbestos lawsuits, they are awarded compensation from companies that knew about and exposed them to hazardous substances. The money is intended to help the family of the victim in the event of financial losses due to the asbestos exposure. Compensation can be used to cover the suffering and pain. Asbestos cases are often settled rather than going to trial, because it is more cost-effective and easier for defendants to settle the matter this way. Settlements also prevent negative publicity that may come when a verdict is handed down. It is essential to choose mesothelioma attorneys who have years of experience in obtaining maximum damages on behalf of their clients. Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research into their client's work history as well as medical records and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be the cause for their condition. Lawyers can then collect evidence and use it to construct a strong mesothelioma lawsuit. During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers are able to uncover evidence of asbestos-related companies' negligence. The evidence usually comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents typically show that asbestos producers were aware of mesothelioma's dangers, and other asbestos-related illnesses but did not inform their employees or the general public. Many states have set a limit, also known as a statute of limitations for how long asbestos victims are allowed to make a claim. These time periods vary by state, but generally vary from one to two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, the victims lose their rights to be compensated. The amount of compensation that victims can receive is based on the severity of their illness as well as their diagnosis and other factors. Attorneys take into account treatment costs and other costs when trying to make sure that patients have enough money to cover medical expenses. Asbestos sufferers may also be able to claim through trust funds set up for those diagnosed with mesothelioma or other asbestos-related illnesses. Certain trusts have been depleted but others continue paying out substantial payouts. In 2018, for instance the federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc. Trials Trials are a better option for asbestos victims than settlement offers. Trials can also help resolve issues that are not resolved through settlement negotiations, for instance differences in how to calculate damages and whether the patient's condition was caused by specific exposures. In a trial the plaintiffs must prove that they have the right to damages, which include past and future medical expenses and lost wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial process is typically long. In the last 10 years mesothelioma juries' awards have risen significantly and have significantly exceeded the amount given by judges in settlement cases. A mesothelioma lawyer can assist victims understand what to do in the trial procedure and will explain their rights under the law in an open courtroom. An experienced attorney can help to identify potential defendants. Asbestos cases can be more complex than car accident litigation where it is often easy to identify the responsible parties. This is especially true when the victim was exposed to more than one type of asbestos and in various locations. A mesothelioma lawyer with experience can interview witnesses such as co-workers family members, abatement workers, relatives and suppliers to create an exhaustive database of employers, products and locations. west jordan asbestos attorneys of resolving asbestos claims eats away funds that could have been used to fund future cases. Some claimants believe that settlements do not reflect actual injuries and they are entitled to more compensation. Defendants can fight to dismiss asbestos claims through the process of summary judgment, or by finding that there was not an exposure. However these motions require an exhaustive review of the evidence and a professional opinion that the measured doses of asbestos that plaintiffs received were not sufficient to cause mesothelioma. A mesothelioma lawyer can help speed up the process and prevent the case from becoming a part of the backlog in the courts.