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Asbestos Litigation A significant amount of asbestos litigation has been handled in courts across the nation. Asbestos exposure is proven to cause lung damage and lung disease through research. An attorney should be able to recognize asbestos in each case. This can be done through conversations with coworkers in the office, collecting records, and studying samples from home or work sites. Liability You may be entitled to compensation If you or someone you care about is diagnosed with a disease related to asbestos. Compensation can pay for lost wages, medical costs and other expenses related to mesothelioma. You can file a lawsuit to seek compensation or make an offer to settle the case with the defendants in the case. There are typically multiple defendants in asbestos cases due to the numerous mining companies that made asbestos and manufacturers of the 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 who acted in a position of employer could also be liable for the injuries of victims. Asbestos lawsuits are often categorized under product liability laws which are based on the common law and state laws that permit damages to be recovered from sellers of products when those products cause injuries. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or defective design and that the person who suffered injury wasn't adequately warned of the dangers that could result from using the products. In apple valley asbestos law firm , defendants often claim that they were not negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing products have been linked to a wide range of ailments. Furthermore, companies that concealed asbestos's dangers to increase profits have been accused of concealing the truth by trying to thwart claims and attempting to prevent workers from seeking financial compensation for their injuries. A jury or judge can decide on how to split the blame between defendants in cases where more than one defendant is found responsible for an asbestos-related injury. This process is called the apportionment. The apportionment does not affect the amount of compensation plaintiffs can receive from the defendants. Damages A lawsuit against a business that manufactured or sold asbestos can help victims receive compensation. This includes the expense of medical treatment for their disease as well as the loss of wages due to inability to work. Victims also may receive compensatory and punitive damages. The lawsuit asserts that the defendant acted with negligence and did not take reasonable care to ensure that the product was safe for its intended use. The lawsuit further alleges that the defendant knew asbestos could be hazardous and failed to warn workers and consumers about this risk. The estates or victims of those who have passed away from asbestos-related illnesses such as mesothelioma may file an asbestos lawsuit. A person may start a personal injury suit to claim compensation for economic and non-economic damages, such as emotional stress and suffering, loss of enjoyment life as well as suffering and pain. Family members who have survived someone who has passed away due to an asbestos-related illness may also make a claim for wrongful death. After an asbestos lawsuit is filed and a settlement is reached, both sides exchange information during the process known as discovery. This process can take several months and may involve interviews with coworkers, family members, abatement workers and others to identify potential defendants. Due to the complexity of asbestos litigation, it is essential that plaintiffs hire an experienced lawyer handle their case. The law firm that a plaintiff or their family chooses have an understanding of the particular complexities involved in asbestos litigation, and be acknowledged by insurers and defendants for its expertise in asbestos cases. The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are renowned as a firm that can secure maximum compensation for our clients. Contact us for a complimentary consultation for any questions about bringing a lawsuit against asbestos. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us by email or phone today to start your journey. Settlements If asbestos victims win their cases, they receive compensation for the companies who exposed them to hazardous substances. The money is meant to pay the victim and their family members for financial losses caused by asbestos exposure. Compensation can cover the suffering and pain. Asbestos cases are often settled instead of going to trial because it is more cost-effective and easier for defendants to settle the case in this way. Settlements also can help prevent the negative publicity that can come with a verdict in a trial. It is important to hire mesothelioma lawyers who have experience in obtaining maximum damages for their clients. Mesothelioma lawsuits are complex and require lawyers to conduct extensive investigations into their client's past work history, medical records, and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be the cause of their illness. The lawyers can then collect evidence and use it to build a mesothelioma-related case that is a solid one. During pre-trial discovery and depositions, mesothelioma lawyers can uncover evidence of asbestos companies' negligence. Evidence typically is found in internal memos, corporate documents and the testimony of former employees who have worked with asbestos-containing material. In many instances documents, they show that asbestos-producing companies knew about the dangers of mesothelioma as well as other asbestos-related diseases, however, they did not communicate this information to their employees or the general public. Many states have imposed a time limitation, also known as a statute of limitations, for how long asbestos victims are allowed to make a claim. The time frames vary from state-to-state, but generally range between one and two years. If the statute of limitations runs out before a mesothelioma case is filed, the victims lose their rights to receive compensation. The amount of money that victims will receive is contingent upon the diagnosis of their asbestos-related disease, how severe their condition is and other aspects. Attorneys will consider the cost of treatment as well as other expenses in negotiations to ensure patients have enough money to pay their medical bills. Asbestos-related victims can also file claims with trust funds that were set up in order to compensate those who've been diagnosed with mesothelioma or other asbestos-related ailments. Some trusts are empty, while others continue to pay out significant awards. In 2018 the federal court awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets made by John Crane Inc. Trials Asbestos-related victims who go to trial have a much better chance of receiving compensation than those who accept the settlement offer. Trials can solve issues that aren't resolvable through settlement negotiations. For example, there may be differences in the calculation of damages, and whether a victim's condition is caused by a particular exposure. In a court of law, plaintiffs will need to prove they are entitled to damages including past and future medical expenses and lost wages, damages to property as well as pain and discomfort and loss in consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injuries. The trial process can be lengthy. In the past decade mesothelioma juries' awards have risen dramatically and have significantly exceeded the amount given by judges in settlement cases. A mesothelioma lawyer will help victims understand what to do in the court process and can explain their legal rights in a public courtroom. A lawyer with experience can also assist in identifying potential defendants. In contrast to car accident litigation where it's usually easy to determine the responsible parties, asbestos cases can be more complicated. This is especially true if the victim was exposed to more than one type of asbestos and in various locations. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, or abatement workers, to compile an inventory of companies, products, and locations. There is 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 pay for future cases. Some claimants believe that settlements don't reflect the actual damage and that they are entitled to a higher amount of compensation. Plaintiffs can challenge dismissal of asbestos claims using the process of summary judgment, or by finding that there was no exposure. However, these motions require a thorough review of the evidence and a professional opinion that the measured doses of asbestos the plaintiff received did not cause mesothelioma. An attorney for mesothelioma can help speed up the process and avoid the case from becoming a burden in the courts.