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Asbestos Litigation In the courts across the country, asbestos litigation has been a significant issue. Research has shown that exposure to asbestos can cause lung damage as well as disease. It is important for attorneys to know how to recognize asbestos-related products in each case. This can be done by talking to colleagues, collecting reports, or looking at samples taken from home or workplaces. Liability If you or a loved one is diagnosed with an asbestos-related condition you may be entitled to compensation. Compensation may cover lost wages, medical expenses as well as other expenses associated with mesothelioma. You can start a lawsuit to claim compensation or make an offer to settle the case with the defendants in the case. There are usually many defendants in an asbestos case because there are numerous mining companies that produce asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or acted in an employer capacity could also be held responsible for injuries sustained by victims. Asbestos lawsuits typically fall into the legal category of product liability law which is based on state and common laws that allow damages to be recouped from sellers of products if those products cause injury to. In a product liability suit, it is alleged the injuries were caused due to the design defect or manufacturing error and that the injured person was not adequately informed about the dangers of the products. In asbestos cases, defendants often claim that they did not act in a negligent way and that their products are safe, even though doctors have long recognized the use of asbestos-containing products is linked to different diseases. Furthermore, companies that concealed asbestos's dangers in order to increase profits have been accused of engaging in a cover-up by trying to thwart claims and by trying to prevent workers from seeking financial compensation for injuries they sustained. A jury or judge can decide on how to split the blame between defendants in cases where more than one defendant has been blamed for an asbestos-related injury. This process is known as the apportionment. The apportionment of liability will not affect the total amount of money that the plaintiff could receive as compensation from the defendants in the case. Damages A lawsuit brought against a business that produced or sold asbestos-related products could help victims recover compensation for the losses they suffered. 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 asserts that the defendant acted negligently, which means that it didn't take reasonable steps to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew that asbestos could be hazardous and failed to warn workers and consumers about the risk. A person who is a victim or the estates of people who have died from asbestos-related diseases like mesothelioma may make an asbestos lawsuit. A person can start a personal injury suit to seek compensation for non-economic and economic damages, including emotional distress and suffering, loss of enjoyment life and suffering and pain. In addition, the survivor family members of a person who died from an asbestos-related illness can bring a wrongful death lawsuit. Once an asbestos case is filed, the two parties exchange information in a process called discovery. This may take a few months and may involve extensive interviews with colleagues and relatives, abatement workers, and others to identify potential defendants as well as their asbestos-related products. Due to the complexity 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 selects should have an understanding of the particular complexities involved in asbestos litigation and be recognized by insurers and defendants for its expertise in these cases. LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are recognized as a firm that can secure the highest amount of compensation for our clients. Contact us for a free consultation If you have any concerns about 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 across the country. Contact us via email or phone today to start your journey. Settlements When victims win their asbestos lawsuits, they are awarded compensation from companies that knew about and exposed them to dangerous substances. This money is meant to help the family of the victim with the financial burdens resulting from the asbestos exposure. Compensation may cover the pain and suffering. Asbestos cases are usually settled instead of going to trial. This is because it's more affordable and easier for the defendant companies to settle the case this way. Settlements also prevent negative publicity that could be associated with a trial verdict. It is crucial to select a mesothelioma lawyer who has experience in obtaining maximum damages for their clients. Mesothelioma cases are complicated, and attorneys must do extensive research on the medical records of their clients as well as their work history and asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the condition. Lawyers can then gather evidence to use in an effective mesothelioma case. Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically is found in internal memos, corporate documentation and testimony of former employees who have worked with asbestos-containing material. These documents often reveal that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related illnesses but did not inform their employees or the general public. A number of states have set a time limitation, also known as a statute of limitations, to determine the length of time asbestos victims can sue. These time periods vary by state, but generally vary from one to two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed, victims will lose the right to receive compensation. The amount victims can receive depends on their asbestos-disease diagnosis as well as how serious their condition is and other factors. pompano beach asbestos law firm will consider the cost of treatment as well as other expenses in negotiations to ensure that patients have enough funds to pay their medical bills. Asbestos-related victims can also file claims using trust funds which were created to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related diseases. Certain trusts have been depleted but others continue to pay out large payouts. In 2018, a federal court granted $70 million to the family of a U.S. Navy machinist diagnosed mesothelioma after gaskets manufactured by John Crane Inc. Trials Asbestos-related victims who go to trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can also help to resolve issues that cannot be resolved through settlement negotiations, such as differences in the method of calculating damages and whether the patient's condition was caused by a specific exposure. In a court trial the plaintiffs have to prove that they have the right to damages, which include future and past medical expenses such as lost wages, property damage, pain and suffering, and loss of consortium. In addition, the defendant must show that it is accountable for the asbestos-related injury. The process of trial can be lengthy. In the last decade, jury awards for mesothelioma have risen significantly and have far exceeded the amount awarded by judges in settlement cases. A mesothelioma lawyer can help victims understand the steps to take in the court process and also explain their legal rights in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. In contrast to car accident litigation where it's usually easy to identify the individuals involved, asbestos litigation are more complicated. This is especially true if someone was exposed more than one type of asbestos and in multiple locations. A mesothelioma lawyer with experience can interview witnesses like coworkers, relatives, abatement workers and suppliers to create an exhaustive database of the companies products, locations and other information. The expense of settling asbestos claims drains funds that could have been used to pay future cases. Many claimants also believe that settlements don't accurately reflect their actual injuries and therefore they are entitled to more compensation. Defendants can fight to dismiss asbestos claims through summary judgment or a finding that there was not an exposure. These motions require an exhaustive examination of the evidence as well as an expert's opinion that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. While the process can take a while, a seasoned mesothelioma lawyer can assist to speed up the process and ensure that it does not be added to the long queue of cases that are awaiting the courts.