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Asbestos Litigation A significant amount of asbestos litigation has been handled in courts across the country. Asbestos exposure has been proven to cause lung damage and lung disease through research. An attorney must be able identify asbestos in every case. This can be done by speaking with colleagues collecting records, or analyzing samples from homes or workplaces. Liability You could be eligible for compensation in the event that you or someone you love has been diagnosed with a condition related to asbestos. Compensation may help pay for lost wages and medical expenses as well as other expenses associated with mesothelioma, or any other asbestos-related disease. You can file a lawsuit to seek compensation or an offer of settlement from the defendants in the case. There are usually many defendants in a case involving asbestos because there are numerous mining companies who produced asbestos and also the manufacture of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who offered services to mines or manufacturers who used asbestos or who acted as employers could be held accountable for the victims' injuries. Asbestos lawsuits usually fall under the legal category of product liability law which is founded on state and common laws that allow damages to be sought against sellers of products if those products cause injuries. In particular, in a liability lawsuit, it's claimed that the injuries were caused by mismanufacture or a design defect and that the person injured was not adequately warned of the dangers associated with using the products. Defendants in asbestos cases often argue that they did not behave negligently and that their products are safe, despite the fact that doctors have long acknowledged that asbestos-containing products can cause various diseases. Companies that concealed asbestos risks to make profits were accused of a cover-up, and they attempted to block claims and keep workers from claiming the financial compensation they deserve for their injuries. If more than one defendant is found to be responsible for asbestos-related injuries suffered by a victim the judge or jury could decide on how to divide the responsibility among them in a process called the apportionment. The apportionment of liability will not alter the amount that a plaintiff may receive as compensation from the defendants in the case. Damages A lawsuit against a business that manufactured or sold asbestos can aid victims in recovering compensation. This includes the costs of medical treatment for their condition and lost wages due to being unable to work. Victims also may receive compensatory and punitive damages. The lawsuit alleges that the defendant acted negligently, which means that it did not take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew that asbestos was a risk and failed to warn workers and consumers about the dangers. An asbestos-related lawsuit can be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related disease such as mesothelioma. A person may make a claim for personal injury to claim compensation for financial and other damages like emotional distress or pain and suffering and loss of enjoyment of the life of. In addition, the survivors of a family members of someone who passed away from an asbestos-related illness can pursue a wrongful-death lawsuit. Once an asbestos case has been filed and a settlement is reached, both sides communicate information through the process of discovery. This process can take several months and may require interviews with coworkers, family members, abatement workers and others in order to identify potential defendants. Due to the complexity of asbestos litigation it is essential that plaintiffs choose a seasoned lawyer handling their case. The law firm a victim, or their family, chooses must understand the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for its expertise. The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability to obtain the maximum amount of compensation to our clients. Contact us for a free 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 in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us today to begin. Settlements When victims win their asbestos lawsuits, they are awarded compensation from the companies who knowingly exposed them to dangerous substances. The money is intended to compensate the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can help cover the suffering and pain. Asbestos lawsuits are often settled rather than going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case in this manner. Settlements also can help prevent the negative publicity that comes with a verdict at trial. It is crucial to find mesothelioma lawyers who have prior experience in obtaining the maximum amount of damages on behalf of their clients. Mesothelioma cases are complicated and lawyers must do extensive research on the medical records of their clients and work history as well as asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their illness. Lawyers can gather evidence and use it to build a strong mesothelioma lawsuit. Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically comes from internal memos, corporate documents, and testimony from former employees who have been exposed to asbestos-containing materials. These documents often reveal that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases however they didn't inform their workers or the general public. A number of states have time limits known as statutes of limitations that define how long asbestos victims have to make a claim. The time frames vary from state to state, but generally range between one and two years. If the statute of limitation expires before a case for mesothelioma is filed the victims will lose their right to compensation. The amount victims can receive depends on the diagnosis of their asbestos-related disease, how severe their condition is and other factors. Attorneys take into account treatment costs as well as other expenses in negotiations to ensure patients have enough funds to pay their medical expenses. Asbestos victims may also file claims with trust funds which were created in order to compensate those who've been diagnosed with mesothelioma, or other asbestos-related ailments. Certain trusts are exhausted, but others continue to award huge amounts of money. In 2018, a federal court granted $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc. Trials Trials are the best option for asbestos victims than settlement offers. Trials can resolve issues that aren't possible to resolve through settlement negotiations. For example, differences in the calculation of damages, and whether a victim's condition is caused by an exposure. In kalamazoo asbestos attorneys of law, plaintiffs will need to prove they are entitled to damages including past and future medical costs loss of wages, damages to property, pain and discomfort, and loss in consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injuries. The process of trial can be lengthy. In the last 10 years mesothelioma cases, jury awards have risen dramatically and have substantially exceeded the amount granted by judges in settlement cases. A mesothelioma lawyer can help victims understand the process of trial, and can explain their legal rights before a judge in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases are more complicated than car accident litigation where it is typically easy to identify the responsible parties. This is especially true when an individual was exposed to more than one type of asbestos and in multiple places. An experienced mesothelioma attorney can speak with witnesses like co-workers, relatives, abatement workers and suppliers to compile an extensive list of companies, products and locations. There is a growing concern that the expense of settling claims from asbestos victims in the past has a negative impact on funds that could be used to fund future cases. Additionally, some claimants think that settlements aren't based on actual injuries and deserve more in compensation. In asbestos cases, defendants can argue for dismissal of claims by summary judgment or a conclusion of no exposure. These motions are, however, subject to an in-depth examination of the evidence as well as an expert opinion that the asbestos doses measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma attorney can help accelerate the process and stop the case from becoming part of the backlog in the courts.