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Asbestos Litigation A substantial amount of asbestos-related cases have been handled in courts across the nation. Research has proved that asbestos exposure can cause lung damage and disease. An attorney must be able identify asbestos in each case. This can be accomplished by speaking with colleagues in the office, collecting records, and analyzing samples from homes or work sites. Liability If you or someone close to you is diagnosed with an asbestos-related disease, you may be entitled to compensation. Compensation can be used to pay for the loss of wages, medical expenses and other expenses related to mesothelioma. You can either start a lawsuit or offer an agreement to the defendants. In asbestos cases, there are usually multiple defendants as there are many mining companies that produce asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines or manufacturers or who acted in a position of employer could be held accountable for the injuries sustained by victims. Asbestos lawsuits often fall under the legal category of product liability law which is founded on state and common laws that permit damages to be sought against manufacturers of products if the products cause injuries. In a product liability lawsuit it is claimed that the injuries occurred due to an ineffective design or fabrication, and that the person injured was not adequately warned of the risks associated with the products. In asbestos cases, defendants frequently claim that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing products can lead to a myriad of illnesses. Moreover, companies that hid the risks of asbestos to boost profits have been accused of attempting to cover up by trying to thwart claims and by trying to stop workers from seeking compensation for their injuries. A judge or jury may decide how to distribute the responsibility among defendants when more than one defendant has been found responsible for an asbestos-related injury. This process is called the apportionment. The apportionment of liability does not affect the total amount of money a plaintiff could receive as compensation from the defendants in the case. Damages A lawsuit brought against a company who manufactured or sold asbestos products can help victims obtain compensation for their losses. This includes the costs of medical treatment for their illness and lost wages due to being unable to work. Victims may also be eligible for compensation and punitive damages. The lawsuit alleges that the defendant acted with negligence which means that it did not take reasonable precautions to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew asbestos could be dangerous and failed warn workers and consumers about the risk. An asbestos-related lawsuit can be filed by a victim or the estate of a person who died from an asbestos-related illness like mesothelioma. A person may make a claim for personal injury in order to obtain compensation for economic and other damages that include emotional distress or pain and suffering and loss of enjoyment the life. Family members who have survived someone who has passed away due to an asbestos-related condition can file a wrongful deaths lawsuit. Once an asbestos case has been filed and a settlement is reached, both sides communicate information through a process called discovery. It can take several months and could require extensive interviews with colleagues or relatives, abatement employees and others in order to identify potential defendants and asbestos-related products. Due to the complexity of asbestos litigation it is crucial that plaintiffs have an experienced lawyer handle their case. The law firm that a plaintiff or their family selects should have an understanding of the complexities unique to asbestos litigation and should be recognized by insurance companies and defendants for its expertise in these cases. LK's attorneys are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are recognized for our ability to get the maximum amount of compensation to our clients. Contact us for a free consultation if you have any questions about filing a lawsuit involving asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the nation. Call or email us today to begin. Settlements If asbestos victims prevail in their cases, they receive compensation for the companies who exposed them to hazardous substances. The money is intended to pay the victim and his or her family members for financial losses caused by asbestos exposure. Compensation may also cover suffering and pain. Asbestos cases are usually settled instead of going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements can also avoid the negative publicity that is associated with a verdict at trial. It is essential to choose an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients. Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research into their clients' medical records as well as their work history and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be the cause of the disease. Lawyers can then gather evidence and use it to build a mesothelioma lawsuit that is strong. During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers may find evidence of asbestos-related companies' negligence. The evidence usually comes in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. These documents typically show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't tell their workers or the general public. A number of states have imposed a time limit, known as a statute of limitations, on how long asbestos-related victims can make a claim. These time periods vary from state to state however, they are usually between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma is filed, the victim will lose their right to compensation. The amount patients can receive is contingent on the asbestos-related illness they have been diagnosed with the severity of their condition is and other aspects. Attorneys consider treatment costs and other expenses when negotiating to ensure that patients receive enough funds for their medical bills. Asbestos victims may also be able to claim through trust funds created for those diagnosed with mesothelioma, asbestos-related illnesses. Some of these trusts have been wiped out, but others continue paying out substantial prizes. In 2018, a federal court awarded $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 the better option for asbestos victims than settlement offers. cleveland asbestos attorney can also help to resolve issues that are not resolved through settlement negotiations, for instance differences in the method of calculating damages and whether the victim's condition was caused by specific exposures. In a trial the plaintiffs must prove that they are entitled to damages, which include future and past medical expenses such as loss of wages, property damage as well as pain and suffering and loss of consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injuries. The trial process can be long. In the past decade mesothelioma jury awards have increased significantly and have much exceeded the amount that is awarded by judges in settlement cases. A mesothelioma attorney can help patients understand how to proceed through the trial process and can explain their rights under the law in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases are more complicated than car accident cases where it is usually easy to identify the parties responsible. This is especially true if someone has been exposed to asbestos in more than one location and at different times. A knowledgeable mesothelioma lawyer will interview witnesses, including relatives, coworkers, and abatement workers, to compile a database of the companies, products, and locations. There is growing concern that the cost of resolving claims of asbestos victims from the past is draining funds that could be used to fund future cases. Furthermore, some claimants believe that settlements are not basing on actual injuries and therefore deserve more compensation. Plaintiffs in asbestos cases can argue for dismissal of claims by the process of summary judgment or by a finding of no exposure. These motions are, however, subject to an extensive examination of evidence and an expert's opinion on whether the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. An attorney for mesothelioma can help accelerate the process and stop the case from becoming part of the backlog in the courts.