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Asbestos Litigation In the courts across the nation, asbestos litigation is a huge issue. Research has shown that exposure to asbestos can cause lung damage as well as disease. It is crucial for attorneys to know how to identify asbestos-related materials in every case. This can be accomplished by talking to colleagues, collecting documents, or analyzing samples from homes or workplaces. Liability You could be eligible for compensation If you or someone you care about is diagnosed with a disease that is related to asbestos. Compensation can be used to pay for the loss of wages, medical expenses and other expenses related to mesothelioma. You can choose to start a lawsuit or offer a settlement to the defendants. There are usually multiple defendants in asbestos cases due to the numerous mining companies that made asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or who acted as employers could also be held responsible for the injuries of victims. Asbestos suits often fall under products liability laws that are based on common and state laws that allow for damages to be recouped from sellers of goods when they cause injuries. In a suit for product liability where the injuries occurred due to the design defect or manufacturing error and that the person who was injured wasn't adequately warned about the dangers associated with products. In asbestos cases, defendants frequently assert that they were not negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products have been linked to a variety of diseases. Companies that hid asbestos risks to make profits were accused of a cover-up as they sought to thwart claims and stop workers from seeking the financial compensation they deserve for their injuries. A judge or jury can decide on how to split the responsibility among defendants when more than one defendant has been blamed for an asbestos-related injury. garden grove asbestos law firm is known as apportionment. The apportionment process does not alter the amount of money that the plaintiff may receive as compensation from the defendants in the case. Damages A lawsuit brought against a business that produced or sold asbestos products can help victims obtain compensation for their losses. This includes the expense of medical treatment for their condition and the loss of wages due to inability to work. Victims may also receive compensatory and punitive damages. The lawsuit claims that the defendant acted with negligence which means that it did not use reasonable care to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos was a risk and failed to in educating consumers and workers about the risk. An asbestos lawsuit may be filed by a victim or estate of a deceased person due to an asbestos-related illness, such as mesothelioma. An individual can bring a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional suffering, loss of enjoyment of life, and pain and suffering. In addition, the survivors of a family members of someone who passed away from an asbestos-related disease can file a wrongful death lawsuit. After an asbestos case is filed and a settlement is reached, both sides exchange information during the process known as discovery. This process can last for a long time, and may require extensive interviews with co-workers or relatives, abatement employees and others in order to identify potential defendants as well as their asbestos-related products. Due to the complexity of asbestos litigation it is essential that plaintiffs get an experienced lawyer handling their case. The law firm a victim, or their family, chooses must be able to comprehend the unique complexities of asbestos litigation. They should be acknowledged 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 secure the maximum amount of compensation for our clients. Contact us for a free consultation if you have any questions about filing 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 throughout the United States. Call or email us today to get started. Settlements When asbestos victims win their lawsuits, they are awarded compensation from the companies which exposed them to harmful substances. This money is meant to assist the victim's family and friends with the financial burdens resulting from the asbestos exposure. Compensation can also help with the pain and suffering. Asbestos cases are typically settled instead of going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also can help prevent the negative publicity that can come when a jury verdict is handed down. It is important to hire mesothelioma lawyers who have expertise in obtaining the highest amount of damages on behalf of their clients. Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive research into their client's employment history as well as medical records and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be the cause of the disease. Lawyers can then collect evidence and use it in the preparation of a strong mesothelioma lawsuit. Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence usually comes in the form internal memos, corporate documents, and testimony of former employees who worked with asbestos-containing materials. In many cases these documents, it is clear that asbestos manufacturers were aware of the risks of mesothelioma and other asbestos-related ailments, however, they did not communicate this information to their employees or to the general public. Many states set time limitations known as statutes of limitations which determine how long an asbestos victim must file a lawsuit. These deadlines vary between states, but generally range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, victims lose their rights to receive compensation. The amount victims receive will depend on their asbestos-disease diagnosis the severity of their condition is, and other factors. Attorneys take into account treatment costs as well as other expenses in negotiations to ensure that patients receive enough money to pay their medical bills. Asbestos sufferers may also be able to claim through trust funds created to help those diagnosed with mesothelioma as well as other asbestos-related diseases. Some of these trusts have been empty, while others continue to award substantial awards. In 2018 the federal court granted $70 million to the family of an U.S. Navy machinist diagnosed mesothelioma after gaskets manufactured by John Crane Inc. Trials Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can also help in resolving issues that cannot be resolved through settlement negotiations, like differences in how to calculate damages and whether the condition was caused by specific exposures. In a trial, plaintiffs must show that they are entitled to damages, including future and past medical expenses, lost wages, property damages and pain and suffering and loss of consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injuries. The trial process is often long. In the last 10 years mesothelioma jury awards have risen significantly and have significantly exceeded the amount given by judges in settlement cases. A mesothelioma attorney can help victims understand the trial process and explain their legal rights in a courtroom that is open to the public. An experienced attorney can assist in identifying potential defendants. Asbestos cases are more complex than car accident litigation, where it is generally easy to identify the parties responsible. This is particularly true when a person was exposed to more than one type of asbestos in multiple places. A mesothelioma lawyer with experience can interview witnesses, such as relatives, coworkers, and abatement workers, to create a database of companies, products and places. The cost of resolving asbestos claims eats away funds which could be used to pay future cases. Additionally, some claimants think that settlements aren't just based on injuries that actually occurred and deserve more in compensation. Plaintiffs in asbestos cases can seek to dismiss claims by summary judgment or a determination of no exposure. However, these motions require an in-depth review of the evidence and an expert's opinion that the measured doses of asbestos the plaintiff received did not cause mesothelioma. While the process may take a while, a seasoned mesothelioma lawyer can help accelerate the process and make sure that it doesn't become part of the long backlog of cases in courts.