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Asbestos Litigation In the courts across the nation, asbestos litigation has been a major issue. Asbestos exposure has been proved to cause lung disease and damage through research. An attorney should be able to identify asbestos in every case. This can be done by talking to colleagues, collecting documents, or by analyzing samples taken from homes or workplaces. Liability If you or a loved one is diagnosed with an asbestos-related disease You may be eligible for compensation. Compensation can cover medical expenses, lost wages and other costs related to mesothelioma. You can either file a lawsuit or offer an agreement to the defendants. There are usually many defendants in asbestos cases due to the numerous mining companies who produced asbestos and also the manufacture of products that contain 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 who were employers could be held responsible for injuries sustained by victims. Asbestos lawsuits often fall under the legal category of product liability law, which is based on state and common laws that permit damages to be recouped from the sellers of products when those products cause injuries. In a product liability lawsuit it is claimed that the injuries resulted from an ineffective design or fabrication, and that the person who was injured was not adequately warned about the risks associated with the products. The defendants in asbestos cases typically claim that they didn't act recklessly and that their products were safe, despite the fact that doctors have long acknowledged that the use of asbestos-containing products can cause different diseases. Companies that concealed asbestos-related risks to increase profits were accused of cover-up as they sought to thwart claims and stop workers from claiming financial compensation for injuries they sustained. A judge or jury may decide how to allocate the responsibility among defendants when more than one defendant is found to be responsible for an asbestos-related injury. This process is known as allocation. The apportionment doesn't affect the amount of compensation the plaintiff may receive from the defendants. Damages A lawsuit brought against a company who manufactured or sold asbestos-related products could help victims obtain compensation for their losses. This includes the cost of medical treatment and lost wages as a result of being unable to do their job. Victims could also be awarded compensatory and punitive damages. The lawsuit alleges that the defendant acted negligently in that it failed to take reasonable precautions to ensure that the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was dangerous, but failed to inform consumers and workers of the danger. The estates or victims of those who have passed away from asbestos-related diseases such as mesothelioma can start an asbestos lawsuit. A person may bring a lawsuit for personal injury in order to obtain compensation for financial and other damages, such as emotional distress or pain and suffering and loss of enjoyment of the life of. In addition, the survivors of a family of someone who died from an asbestos-related illness can file a wrongful death lawsuit. When an asbestos lawsuit has been filed, the parties share information through the process of discovery. This process can last several months and could require interviews with coworkers, family members, abatement workers and others to identify potential defendants. Due to the complexity of asbestos litigation it is imperative that plaintiffs hire an experienced lawyer handling 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 recognized by insurers and defendants for its expertise in asbestos 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 to get the most compensation possible for our clients. Contact us for a free consultation If you have any concerns about filing a lawsuit involving asbestos. We are committed to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients all over the country. Contact us today to get started. Settlements If asbestos victims prevail in their lawsuits, they get compensation from companies who knew they exposed them to dangerous substances. This money is meant to assist the family of the victim with the financial burdens resulting from the asbestos exposure. Compensation can be used to cover pain and suffering. Asbestos cases are typically settled instead of going to trial. This is due to the fact that it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements also can help prevent the negative publicity that comes when a jury verdict is handed down. It is essential to choose an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients. Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research into their client's past work history, medical records and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be the cause of the disease. Lawyers can then gather evidence and use it to build a strong mesothelioma lawsuit. During pompano beach asbestos law firm and discovery prior to trial mesothelioma lawyers will find evidence of asbestos-related companies' negligence. Evidence usually comes in the form of internal memos, corporate documentation and testimony from former employees who have worked with asbestos-containing materials. These documents often show that asbestos manufacturers knew about mesothelioma's risks, and other asbestos-related diseases but did not inform their workers or the general public. There are many states that set time limits which are known as statutes of limitation on the time an asbestos victim has to start a lawsuit. These deadlines vary from state to state, however, they are usually between one and two years. If the statute of limitations expires before a lawsuit for mesothelioma is filed victims will lose the right to receive compensation. The amount victims will receive is contingent upon the asbestos-related diagnosis they receive the severity of their condition is, as well as other factors. Attorneys take into account the cost of treatment and other expenses when trying to make sure that patients have enough funds to cover medical expenses. Asbestos-related victims can also file claims with trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma or other asbestos-related ailments. Certain trusts have dwindled, however others continue to award substantial payouts. In 2018 the United States court awarded $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 Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept a settlement offer. Trials can resolve issues that are not resolvable through settlement negotiations. For example, there may be differences in the calculation of damages, and the extent to which a person's condition is caused by an exposure. In a trial the plaintiffs must prove that they have the right to damages, including past and future medical expenses and loss of wages, property damage, pain and suffering, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial can take a long time. In the last 10 years mesothelioma jury awards cases have increased significantly, and are far more than the amount given to settlement cases by judges. A mesothelioma attorney can help patients understand how to proceed in the court procedure and will explain their legal rights in a courtroom that is open to the public. A licensed lawyer can assist in identifying potential defendants. Asbestos cases can be more complex than car accident litigation where it is generally simple to identify the responsible parties. This is especially true if the victim was exposed to more than one kind of asbestos and at multiple locations. An experienced mesothelioma lawyer can interview witnesses, including coworkers, relatives and abatement workers to compile an inventory of products, employers and locations. There is a growing concern the cost of settling claims from past asbestos victims is consuming funds that could be used to pay for future cases. Additionally, some claimants believe that settlements should be based on actual injuries and therefore deserve more compensation. Plaintiffs in asbestos cases can seek to dismiss claims through summary judgment or a conclusion of no exposure. These motions need an exhaustive examination of the evidence as well as an expert's opinion on whether the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. While the process can take a while, a seasoned mesothelioma lawyer can help accelerate the process and ensure that it doesn't be added to the long backlog of cases in courts.