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Asbestos Litigation In courts all over the country, asbestos litigation has been a major problem. Research has proven that asbestos exposure can cause lung damage and disease. An attorney should be able to identify asbestos in every case. This can be accomplished by talking with co-workers collecting records, or 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 disease related to asbestos. Compensation can cover lost wages, medical expenses and other costs related to mesothelioma. You can start a lawsuit to claim compensation or make a settlement offer from the defendants in the case. There are usually many defendants in asbestos cases because there are a variety of mining companies that produce asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines or manufacturers or acted in an employer capacity may also be accountable for the injuries sustained by victims. Asbestos suits are typically governed by products liability laws that are based upon the laws of the state and common law which allow damages to be recouped from sellers of goods when the products cause injuries. In a particular case, in a product liability lawsuit, it is claimed that the injuries were caused by mismanufacture or defective design and that the person injured was not properly warned of the dangers that could result from using the products. In asbestos cases, defendants often argue that they did not act in a negligent manner and that their products were safe, even though 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, as they tried to block claims and keep workers from seeking financial compensation for their injuries. If more than one defendant is found to be liable for a victim's asbestos-related injuries, a judge or jury could decide how to split the responsibility between them in a process called the apportionment. The apportionment doesn't alter 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 can help victims receive compensation for their losses. This includes the cost for medical treatment and lost wages as a result of being unable their job. Victims could also be awarded compensatory and punitive damages. The lawsuit asserts that the defendant acted negligently, meaning that it didn't take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos could be dangerous and failed in educating consumers and workers about this risk. A person who has been a victim or the estates of those who have passed away from asbestos-related illnesses like mesothelioma could file an asbestos lawsuit. A person can make a personal injury claim to seek compensation for non-economic and economic damages, including emotional stress as well as loss of enjoyment life, and pain and suffering. Additionally, the surviving family of someone who died from an asbestos-related disease can file a wrongful death lawsuit. When an asbestos-related case is filed the parties exchange information during the process known as discovery. The process can last for some time and may require interviews with family members, coworkers, members, abatement workers and others to determine potential defendants. Due to the complex nature of asbestos litigation, it is imperative that plaintiffs get an experienced lawyer handling their case. The law firm that a victim, or their family, chooses must be aware of the unique challenges of asbestos litigation. They should also be recognized by insurance companies as well as defendants for its expertise. The lawyers at LK are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are known for our ability to obtain the maximum amount of compensation for our clients. Contact us for a complimentary consultation should you have any questions about bringing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf 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 asbestos victims win their cases, they receive compensation for the companies which exposed them to harmful substances. This money is meant to help the victim and their family financially for the financial loss resulting from the asbestos exposure. Compensation can cover pain and suffering. Asbestos cases usually settle rather than going to trial because it is cheaper and easier for defendant companies to resolve the matter in this manner. Settlements also avoid negative publicity that comes from a trial verdict. It is crucial to select an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients. Mesothelioma cases are complicated and lawyers must conduct extensive research into their client's medical records as well as their work history and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause for their condition. The lawyers can then collect evidence to use in a mesothelioma lawsuit that is strong. In the course of pre-trial discovery and depositions mesothelioma lawyers will discover evidence of asbestos companies negligence. Evidence usually is found in internal memos, corporate documents, and testimony of former employees who have worked with asbestos-containing material. In many cases documents, they show that asbestos producers knew about mesothelioma's risks and other asbestos-related illnesses but did not divulge this information to their workers or the general public. A number of states have time limits also known as statutes or limitations on the time an asbestos victim must make a claim. These deadlines vary from state-to-state, but are typically between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their rights to compensation. The amount of compensation victims receive is contingent upon the severity of their illness and their diagnosis as well as other factors. Attorneys take into account treatment costs as well as other expenses in negotiations to ensure that patients have enough money to pay for their medical bills. Asbestos victims might also be able to file claims through trust funds that have been established for patients diagnosed with mesothelioma and other asbestos-related illnesses. Some of these trusts have dwindled, however others continue to pay substantial prizes. For instance, in the year 2018 an appeals court in the United States awarded $70 million to the family of an U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc. Trials Trials are the better option for asbestos victims than settlement offers. Trials can resolve issues that are not easily resolved through settlement negotiations. For example, there may be differences in the calculation of damages and whether a victim's condition is due to a specific exposure. In a trial the plaintiffs must prove that they are entitled to compensation, such as past and future medical expenses and loss of wages, property damage as well as pain and suffering and loss of consortium. In addition, the defendant must show that it is accountable for the asbestos-related injuries. The process of trial is usually lengthy. In the last 10 years, jury awards for mesothelioma have increased dramatically and much exceeded the amount that is awarded by judges in settlement cases. A mesothelioma lawyer can assist patients understand how to proceed during the trial procedure and will explain their rights under the law in a courtroom with an open door. An experienced attorney can assist in identifying potential defendants. Asbestos cases are more complicated than litigation involving car accidents, where it is usually easy to identify responsible parties. This is particularly true when the person has been exposed to asbestos in more than one place and at different times. A seasoned mesothelioma attorney will interview witnesses like coworkers family members, abatement workers, relatives and suppliers to compile a detailed list of companies, products and locations. There is growing waukegan asbestos lawsuit that the cost of settling claims from past asbestos victims is consuming funds which could be used to fund future cases. Some claimants also believe that settlements are not based on actual injuries and therefore deserve more compensation. Plaintiffs can challenge dismissal of asbestos claims using the process of summary judgment, or by finding that there was no exposure. However they must be able to provide an exhaustive review of the evidence and an expert's view that the doses measured of asbestos that the plaintiff was exposed to were insufficient to cause mesothelioma. While the process can take a while, a seasoned mesothelioma lawyer can help accelerate the case and ensure that it doesn't become part of the lengthy backlog of cases in courts.