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Asbestos Litigation In courts all over the country, asbestos litigation has been a major problem. Research has shown that asbestos exposure can cause lung damage and cause disease. An attorney should be able identify asbestos in every case. This can be done through 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 related to asbestos. Compensation may help pay for lost wages, medical expenses and other expenses associated with mesothelioma, or any other asbestos-related disease. You can either start a lawsuit or offer a settlement to the defendants. In asbestos cases, there are generally multiple defendants because there are a variety of mining companies that manufacture asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or who acted as employers could also be liable for injuries sustained by victims. Asbestos lawsuits typically fall into the legal category of product liability law, which is founded on state and common laws that allow damages to be awarded against manufacturers of products if the products cause injury to. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused due to a flawed or defective design and that the person injured was not adequately warned of the dangers that could result from using the products. In asbestos cases, defendants frequently assert that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing items are linked to a range of illnesses. Furthermore, companies that concealed asbestos's dangers to boost profits have been accused of covering up the issue by attempting to suppress claims and also to prevent workers from seeking financial compensation for their injuries. A judge or jury may decide on how to split responsibility between defendants if more than one defendant has been found to be responsible for an asbestos-related injury. This is known as allocation. The apportionment does not affect the amount of compensation that the plaintiff can receive from the defendants. Damages A lawsuit against a business which manufactured 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 could also be awarded compensation and punitive damages. The lawsuit alleges that the defendant acted negligently, which means that it failed to take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos could be dangerous and failed inform consumers and workers about the risk. An asbestos lawsuit may be filed by a victim, or the estate of a deceased person from an asbestos-related condition like mesothelioma. A person can make a claim for personal injury in order to obtain compensation for financial and other damages, such as emotional distress as well as pain and suffering and loss of enjoyment of the life. Family members who have survived someone who died due to an asbestos-related illness can also file a wrongful deaths lawsuit. When an asbestos lawsuit has been initiated, the parties exchange information in the process known as discovery. This process can last for a long time and may involve lengthy interviews with coworkers and relatives, abatement workers and others to determine possible defendants and their asbestos-related products. Due to the complexity of asbestos litigation, it is imperative that plaintiffs have an experienced lawyer handling their case. The law firm that a victim, or their family, chooses must be able to be aware of the unique challenges of asbestos litigation. They should be acknowledged by insurance companies and defendants for their expertise. The attorneys at LK's are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are known for our ability in obtaining maximum compensation for clients. If you have any questions regarding filing an asbestos lawsuit, contact us for a no-cost consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Call or email us today to get started. Settlements When asbestos victims win their lawsuits, they receive compensation from the companies who knowingly exposed them to dangerous substances. This money is meant to help the family of the victim in the event of financial losses due to the asbestos exposure. Compensation can also cover 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. minneapolis asbestos attorneys can help prevent the negative publicity that can come with a verdict at trial. It is important to hire mesothelioma attorneys who have experience in obtaining maximum damages on behalf of their clients. Mesothelioma cases are extremely complex and lawyers must conduct extensive research about the medical records of their clients, work history and asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause of their condition. Lawyers can gather evidence and use it to build an effective mesothelioma suit. Mesothelioma lawyers may uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence typically is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. These documents usually show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related illnesses however, they didn't tell their employees or the general public. Many states have imposed a time limit, also known as a statute of limitations, on how long asbestos victims are allowed to bring a lawsuit. The time frames vary from state to state, but typically vary from one to two years. If the statute of limitations expires before a mesothelioma suit is filed, the victims lose their rights to receive compensation. The amount of compensation a victim are entitled to is determined by the severity of their illness the diagnosis, as well as other factors. Attorneys look at treatment costs and other costs when they negotiate to ensure that patients receive enough funds to pay their medical expenses. Asbestos-related victims can also file claims with trust funds which were created to compensate those who have been diagnosed with mesothelioma or other asbestos-related diseases. Certain trusts have dwindled, however others continue to pay out large awards. In 2018, for instance the federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets produced 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 resolve problems that cannot be resolved through settlement negotiations, like the different methods of calculating damages and whether the patient's condition was caused by exposures specific to the victim. In a court trial the plaintiffs have to prove that they are entitled to damages, such as future and past medical expenses and lost wages, property damages as well as pain and suffering and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial process can be lengthy. In the last 10 years mesothelioma-related jury awards cases have risen significantly and far exceeded the amount that is awarded to settlement cases by judges. A mesothelioma attorney can help victims understand the trial process, and can explain their legal right in a courtroom open to the public. An experienced attorney can assist in identifying potential defendants. Asbestos cases are more complicated than car accident litigation, where it is usually simple to identify the responsible parties. This is particularly true when an individual was exposed to more than one kind of asbestos and at multiple locations. A seasoned mesothelioma attorney will speak with witnesses like co-workers family members, abatement workers, relatives and suppliers to compile a comprehensive list of companies, products and locations. The cost of resolving asbestos claims eats up funds that could be used to pay for future cases. Furthermore, some claimants believe that settlements are not based on actual injuries and should be compensated more. Defense attorneys can argue to dismiss asbestos claims through summary judgment, or a finding that there was not an exposure. However, these motions require a thorough review of the evidence and a professional opinion that the doses of asbestos the plaintiff took were insufficient to cause mesothelioma. A mesothelioma lawyer can accelerate the process and stop the case from becoming a part of the backlog in the courts.