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Asbestos Litigation A significant amount of asbestos-related litigation has been handled by courts across the country. Asbestos exposure has been proven to cause lung disease and damage through research. It is crucial that attorneys know how to identify asbestos-related materials in each case. This can be done by talking to co-workers, getting reports, or looking at samples from homes or workplaces. Liability You could be eligible for compensation if you or someone you know is diagnosed with a disease that is related to asbestos. Compensation can assist with the loss of wages medical expenses, as well as other costs associated with mesothelioma, or any other asbestos-related disease. You can either bring a lawsuit, or offer a settlement to the defendants. There are usually multiple defendants in an asbestos case due to the numerous mining companies that made asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that supplied services to mines or manufacturers that made use of asbestos or acted as employers could be held liable for injuries suffered by victims. Asbestos lawsuits usually fall under the legal category of law governing product liability, which is founded on state and common laws that permit damages to be awarded against manufacturers of products if the products cause injury to. In a particular case, in a product liability lawsuit, it's claimed that the injuries were caused due to a flawed or a defective design, and the victim was not properly warned of the risks associated with using the products. The defendants in asbestos cases typically argue that they didn't act negligently and that their products are safe, despite the fact that doctors have long recognized that the use of asbestos-containing items is linked to various illnesses. Companies that concealed asbestos-related dangers to increase profits were accused of cover-up, and they attempted to deny claims and block workers from seeking financial compensation for their injuries. A judge or jury may decide how to allocate the burden of responsibility between defendants if more than one defendant has been found to be responsible for an asbestos-related injury. This process is called apportionment. The apportionment process does not alter the amount of compensation the plaintiff can receive from the defendants. Damages A lawsuit against a business that manufactured or sold asbestos could help victims recover compensation. This includes the cost of medical treatment and lost wages as a result of being unable their job. Victims may also be eligible for compensatory and punitive damages. The lawsuit claims that the defendant acted with negligence and did not use reasonable care to ensure the product was safe for the intended use. It also is alleged that the defendant knew asbestos was dangerous and failed to warn consumers and workers of the danger. An asbestos-related lawsuit can be filed by a victim or estate of a person who has died due to an asbestos-related illness, like mesothelioma. A person may file a lawsuit for personal injury to claim compensation for financial and other damages, such as emotional distress as well as pain and suffering and loss of enjoyment the life of. In addition, the surviving family members of a deceased person from an asbestos-related illness can pursue a wrongful-death lawsuit. After an asbestos case is filed the parties share information in a process known as discovery. It can take several months and could require extensive interviews with colleagues family members, abatement workers, relatives and others in order to identify possible defendants and their asbestos-related products. Due to the complicated nature of asbestos litigation it is important that plaintiffs get an experienced lawyer to handle their case. The law firm that a plaintiff or their family chooses to work with should be aware of the complexities unique to asbestos litigation and be acknowledged by insurers and defendants for its expertise in asbestos cases. The attorneys at LK's are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are well-known for our expertise to obtain the maximum amount of compensation for clients. Contact us for a complimentary consultation If you have any concerns regarding filing a lawsuit against 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 throughout the nation. Contact us now to get started. Settlements When asbestos victims win their cases, they receive compensation for the companies that exposed them to dangerous substances. This money is meant to assist the family members of the victim with the financial burdens resulting from the asbestos exposure. Compensation may also cover suffering and pain. Asbestos cases are often settled rather than going to trial because it is easier and cheaper for the defendant company to settle the case in this way. Settlements can also avoid the negative publicity that can come with a verdict at trial. It is crucial to select an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients. Mesothelioma lawsuits can be complex and require attorneys to conduct extensive research on 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 in a strong mesothelioma case. Mesothelioma lawyers may uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence typically comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. In many instances documents, they show that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related illnesses however, they did not communicate the information to their employees or the public. Many states set time limits, called statutes of limitations on the time an asbestos victim must bring a lawsuit. These time periods vary between states, but generally range between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, the victims lose their right to a fair settlement. The amount of money victims can receive is based on the severity of their illness the diagnosis, as well as other factors. Attorneys take into account treatment costs and other costs when trying to make sure that patients have enough money to pay their medical bills. Asbestos victims may also file claims using trust funds that were established in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related diseases. Certain trusts are exhausted, but others continue to pay out huge amounts of money. In 2018 an appeals court in the U.S. granted $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets made by John Crane Inc. Trials Trials are a better option for asbestos victims than settlement offers. Trials can also help settle issues that aren't resolved through settlement negotiations, like the various ways to calculate damages and whether the victim's condition was caused by exposures specific to the victim. In a trial plaintiffs must demonstrate that they have the right to damages, such as past and future medical expenses as well as loss of earnings, property damage and pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The process of trial can be lengthy. In the past decade mesothelioma jury awards have risen dramatically and have much exceeded the amount that is awarded by judges in settlement cases. A mesothelioma attorney can help victims understand the trial process, and can explain their legal right before a judge in a public courtroom. A lawyer with experience can also help to identify potential defendants. Contrary to litigation involving car accidents, where it is often easy to identify the parties involved, asbestos cases can be more complex. This is especially true when someone has been exposed to asbestos in more than one location and at different dates. A mesothelioma lawyer with experience can interview witnesses, including coworkers, relatives and abatement workers, to create an inventory of products, employers, and the locations. The expense of settling asbestos claims eats away funds which could be used to pay for future cases. baldwin park asbestos lawyer are also of the opinion that settlements don't reflect actual injuries, and they are entitled to more compensation. The defendants can seek to dismiss asbestos claims with summary judgment, or a finding that there was not an exposure. However these motions require 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. A mesothelioma lawyer can help accelerate the process and stop the case from becoming a backlog in the courts.