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Asbestos Litigation A large portion of asbestos litigation has been dealt with in courts across the nation. Research has shown that asbestos exposure can cause lung damage and cause disease. It is crucial that attorneys know how to identify asbestos products in each case. This can be done by talking to colleagues, collecting documents, or analyzing samples from homes or workplaces. Liability If you or a loved one is diagnosed with an asbestos-related condition You may be entitled to compensation. Compensation may help pay for lost wages medical expenses, as well as other expenses associated with mesothelioma or another asbestos-related disease. You may choose to bring a lawsuit, or offer an offer of settlement to the defendants. There are usually many defendants in asbestos cases because there are numerous mining companies who produced asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that offered services to mines or manufacturers that made use of asbestos or who were employers could be held responsible for the victims' injuries. Asbestos lawsuits usually fall under the legal category of product liability law, which is based on common and state laws that allow damages to be awarded against the sellers of products when those products cause injury to. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused due to a flawed or a defective design, and the person injured was not properly warned of the dangers that could result from using the products. In asbestos cases, defendants typically claim that they were not negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing products can lead to a myriad of illnesses. Companies who concealed asbestos-related risks to increase profits were accused of a cover-up as they sought to block claims and keep workers from claiming an amount of compensation for their injuries. If more than one defendant is found to be liable for a victim's asbestos-related injuries the judge or jury can decide how to divide the blame between the defendants in a process referred to as allocation. The apportionment process does not affect the total amount that the plaintiff may receive as compensation from the defendants in the case. Damages A lawsuit against a company that made or sold asbestos could help victims receive compensation. This includes the cost for medical treatment and lost wages because of being unable their job. Victims may also be eligible for compensatory and punitive damages. The lawsuit claims that the defendant acted negligently, which means that it failed to take reasonable steps to ensure that the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was a risk and failed to warn consumers and workers of the danger. A victim or the estates of those who have passed away from asbestos-related diseases such as mesothelioma could bring an asbestos lawsuit. A person can make a claim for personal injury in order to obtain compensation for damages arising from economic or other causes like emotional distress as well as pain and suffering and loss of enjoyment of the life of. Family members who are survivors of someone who has passed away due to an asbestos-related disease can bring a wrongful death lawsuit. Once an asbestos-related case has been filed, the two sides exchange information via an process known as discovery. The process can last for some time and may require interviews with coworkers, family members, abatement workers and others to determine potential defendants. Due to the complexity of asbestos litigation, it is important that plaintiffs have an experienced lawyer to handle their case. The law firm that a plaintiff or their family selects should be aware of the particular complexities involved in asbestos litigation and should be recognized by insurance companies and defendants for its experience in these cases. The attorneys at LK's are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are recognized for our ability to obtain the highest amount of compensation for our clients. Contact us for a complimentary 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 in Salt Lake City, Utah, and Houston, Texas. We represent clients all over the country. Contact us now to begin. Settlements If asbestos victims prevail in their lawsuits, they get compensation from companies that knew about and exposed them to hazardous substances. The money is intended to help the family members of the victim in the event of financial losses due to the asbestos exposure. Compensation may cover the pain and suffering. Asbestos cases are usually settled rather than going to trial. This is because it's easier and cheaper for the defendant companies to settle the case this way. Settlements also avoid negative publicity that comes when a verdict is handed down. It is essential to choose an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients. Mesothelioma lawsuits are complicated and require lawyers to conduct thorough research on their client's work history, medical records and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the condition. Lawyers can then gather evidence and use it in a mesothelioma lawsuit that is strong. Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and discovery. Evidence usually comes in the form of internal memos, corporate documentation and the testimony of former employees who have worked with asbestos-containing materials. In norwalk asbestos attorney , they show that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related illnesses but did not divulge this information to their employees or to the general public. A number of states have imposed a time limit, referred to a statute of limitations, on how long asbestos victims can make a claim. The time frames vary from state to state, but typically range between one and two years. If the statute of limitations runs out before a mesothelioma case is filed, the victims lose their rights to compensation. The amount of compensation that victims are entitled to is determined by the severity of their illness as well as their diagnosis and other factors. Attorneys look at treatment costs as well as other expenses in negotiations to ensure patients have enough funds to pay their medical expenses. Asbestos sufferers may also be able to file claims through trust funds that have been established for patients diagnosed with mesothelioma as well as other asbestos-related diseases. Some of these trusts have been closed, while others continue to pay out large amounts of money. In 2018 the federal court gave $70 million to the relatives of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc. Trials Asbestos-related victims who go to trial have a greater chance of receiving compensation than those who accept an offer to settle. Trials can also help settle issues that aren't resolved through settlement negotiations, including differences in how to calculate damages and whether the patient'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 discomfort and pain and loss in consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial process is typically lengthy. In the past decade mesothelioma cases, jury verdicts cases have increased significantly and have far outstripped the amount of money awarded to settlement cases by judges. A mesothelioma attorney can help victims understand the process of trial, and can explain their legal right in an open courtroom. A lawyer with experience can also help to identify potential defendants. In contrast to car accident litigation, where it is often easy to identify the responsible parties, asbestos cases are more complicated. This is especially the case when someone was exposed more than one type of asbestos and in various locations. An experienced mesothelioma lawyer is able to interview witnesses, including relatives, coworkers, or asbestos workers, to build a database of products, employers, and locations. The expense of settling asbestos claims drains funds that could be used to pay future cases. Additionally, some claimants believe that settlements should be basing on actual injuries and therefore deserve more compensation. Plaintiffs in asbestos cases can argue for dismissal of claims through summary judgment or a finding of no exposure. However they must be able to provide an extensive review of evidence and an expert opinion that the doses of asbestos that the plaintiff was exposed to were insufficient to cause mesothelioma. An attorney for mesothelioma can help speed up the process and avoid the case from becoming a burden in the courts.