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Asbestos Litigation A substantial amount of asbestos-related litigation has been handled in courts across the nation. Research has proved that asbestos exposure can cause lung damage and cause disease. An attorney must be able to identify asbestos in every case. This can be accomplished by talking to colleagues, collecting records, or analyzing samples taken from home or workplaces. Liability If you or someone close to you is diagnosed with an asbestos-related condition You may be eligible for compensation. Compensation can be used to pay for the loss of wages, medical expenses and other expenses related to mesothelioma. You can start a lawsuit or offer an offer of settlement to the defendants. There are typically several defendants in an asbestos case because there are numerous mining companies that produced asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or acted in the capacity of an employer may also be accountable for injuries suffered by victims. Asbestos suits are typically governed by product liability laws which are based on state and common laws which allow damages to be recovered from sellers of goods when those products cause injuries. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused by mismanufacture or a defective design, and the person who suffered injury was not properly warned of the risks associated with using the products. The defendants in asbestos cases typically claim that they didn't act negligently 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 risks to make profits were accused of a cover-up, and they attempted to suppress claims and prevent workers from claiming the financial compensation they deserve for their injuries. A jury or judge can decide how to divide the blame between defendants in cases where more than one defendant is identified as being responsible for an asbestos-related injury. This process is called apportionment. The apportionment doesn't affect the amount of compensation the plaintiff is entitled to from the defendants. Damages A lawsuit against a business which manufactured or sold asbestos can aid victims in recovering compensation. This includes the cost of medical treatments for their disease and lost wages because of being unable to work. Victims could also be awarded compensatory and punitive damages. The lawsuit claims that the defendant acted negligently which means that it did not use reasonable care to ensure that the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos could be hazardous and failed to provide warnings to consumers and workers about the dangers. A victim or the estates of those who have passed away from asbestos-related diseases such as mesothelioma are able to bring an asbestos lawsuit. A person can file a lawsuit for personal injury in order to obtain compensation for damages arising from economic or other causes like emotional distress, pain and suffering, and loss of enjoyment of the life. Family members of someone who has passed away due to an asbestos-related disease can pursue a wrongful-death lawsuit. After an asbestos case is filed, the two parties exchange information via an process known as discovery. This process can take several months and could require interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants. It is crucial for plaintiffs to have an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm that a victim, or their family, chooses must comprehend the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for its expertise. LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our ability to obtain the maximum amount of compensation to our clients. Contact us for a complimentary consultation should you have any questions about filing a lawsuit against asbestos. We are committed to fighting for justice that is in the best interest of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. green bay asbestos attorney represent clients across the country. Contact us via phone or email today to start your journey. Settlements When victims win their asbestos lawsuits, they receive compensation from companies that knew about and 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 also help with suffering and pain. Asbestos cases usually settle rather than go to trial, as it is more cost-effective and easier for defendant companies to resolve the matter in this manner. Settlements also can help prevent the negative publicity that can come with a verdict in a trial. It is crucial to select an experienced mesothelioma law firm with experience in obtaining maximum damages for their clients. Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research into their client's employment history as well as medical records and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be the cause for their condition. The lawyers can then collect evidence to use in a mesothelioma lawsuit that is strong. Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. These documents typically show that asbestos producers were aware of mesothelioma's risks, and other asbestos-related diseases however, they didn't tell their employees or the general public. Many states set time limitations, called statutes of limitations which determine how long an asbestos victim has to make a claim. The length of time varies by state, but typically range between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed the victims will lose their right to compensation. The amount of money that victims will receive is contingent upon the asbestos-related illness they have been diagnosed with as well as how serious their condition is, and other factors. Attorneys take into account the cost of treatment and other expenses when negotiating to ensure that patients receive enough funds to cover medical expenses. Asbestos sufferers can also file claims with trust funds, which were created in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related illnesses. Some of these trusts have been depleted but others continue to pay substantial prizes. In 2018, a federal court awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma due to gaskets manufactured by John Crane Inc. Trials Asbestos-related victims who go to trial have a much better chance of receiving compensation than those who accept the settlement offer. Trials can also help to resolve issues that are not resolved through settlement negotiations, like the different methods of calculating damages and whether the victim's condition was caused by a specific exposure. In a court of law, plaintiffs be required to prove that they have a right to damages, including past and future medical expenses, lost wages, damage to property as well as pain and discomfort and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial process is often long. In the last 10 years mesothelioma-related jury awards cases have risen significantly and have far outstripped the amount given to settlement cases by judges. A mesothelioma attorney can help victims understand what to do in the court process and explain their rights under the law in a public courtroom. A qualified lawyer can also help to identify potential defendants. Asbestos litigation can be more complex than litigation involving car accidents, where it is often easy to identify the responsible parties. This is especially true if an individual has been exposed to asbestos in multiple locations and at different times. A mesothelioma lawyer with experience can interview witnesses, such as relatives, coworkers, or abatement workers, to create an inventory of companies, products, and locations. The cost of resolving asbestos claims drains funds that could have been used to fund future cases. Furthermore, some claimants believe that settlements should be based on actual injuries and therefore deserve more compensation. The defendants can seek to dismiss asbestos claims by obtaining summary judgment or a finding that there was not an exposure. However the motions must be based on a thorough review of the evidence and an expert's opinion that the measured doses of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. A mesothelioma attorney can help accelerate the process and stop the case from becoming a backlog in the courts.