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Asbestos Litigation In the courts across the country, asbestos litigation is a huge issue. Studies have proven that asbestos exposure can cause lung damage and illness. An attorney must be able identify asbestos in each case. This can be accomplished by talking with co-workers, obtaining records, and analyzing samples from homes or workplaces. Liability You could be eligible for compensation when you or someone you care about is diagnosed with a condition related to asbestos. Compensation can cover lost wages, medical expenses and other costs associated with mesothelioma. You can start a lawsuit to claim compensation or an offer to settle the case with the defendants in the case. There are usually many defendants in a case involving asbestos because there are a variety of mining companies that made asbestos and the manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that supplied services to mines or manufacturers who used asbestos or who acted as employers could be held liable for injuries to victims. 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 recouped from the sellers of products when those products cause injury to. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused due to a flawed or a design defect and that the injured party wasn't adequately warned of the risks associated with using the products. In asbestos cases, defendants frequently argue that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products are linked to a variety of diseases. Companies that concealed asbestos-related risks to increase profits were accused of a cover-up, as they tried to block claims and keep workers from seeking an amount of compensation for their injuries. If more than one defendant is found to be responsible for asbestos-related injuries suffered by a victim, a jury or judge could decide on how to divide the responsibility among the defendants in a process referred to as the apportionment. The apportionment does not alter the amount of compensation the plaintiff may receive from the defendants. Damages A lawsuit against a business which manufactured or sold asbestos could help victims recover compensation. This includes the cost of medical treatment for their illness, as well as lost wages due to inability to work. Victims could also be awarded compensatory and punitive damages. The lawsuit alleges the defendant was negligent, meaning that it didn't take reasonable steps to ensure that the product was safe for the intended use. The lawsuit further alleges that the defendant knew asbestos could be dangerous, but failed to provide warnings to consumers and workers about this risk. An asbestos lawsuit can be filed by a victim, or the estate of a deceased person from an asbestos-related disease like mesothelioma. A person may start a personal injury suit to seek compensation for non-economic and economic damages, such as emotional suffering, loss of enjoyment of life and pain and suffering. Family members who are survivors of someone who has died from an asbestos-related illness may also bring a wrongful death lawsuit. Once an asbestos case is filed, the two sides exchange information through a process called discovery. This may take a few months and could require extensive interviews with colleagues or relatives, abatement employees and others in order to identify possible defendants and their asbestos-related products. It is crucial for plaintiffs to have an experienced attorney handling their case due to of the complex nature of asbestos litigation. 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 defendants and insurance companies for its expertise in asbestos cases. The lawyers at LK are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are well-known for our skill in obtaining the highest compensation for our clients. If you have any questions about filing an asbestos lawsuit, call us for a free consultation. 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 nation. Contact us via phone or email today to begin. Settlements If asbestos victims win their lawsuits, they receive compensation from the companies that exposed them substances. This money is meant to help the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation can also be used to cover suffering and pain. Asbestos cases tend to settle rather than go to trial, because it is easier and cheaper for defendants to settle the case in this way. Settlements also prevent negative publicity that could be associated with a verdict at trial. It is crucial to choose an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients. Mesothelioma cases are extremely complex, and attorneys must conduct extensive research about their client's medical records and work history as well as asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be responsible for the illness. Lawyers can gather evidence and use it to create a strong mesothelioma lawsuit. During depositions and discovery prior to trial, mesothelioma lawyers can discover evidence of asbestos companies negligence. Evidence usually comes in the form of internal memos, corporate documentation and statements of former employees who have been exposed to asbestos-containing materials. These documents often show that asbestos producers knew about mesothelioma's risks, and other asbestos-related diseases however they didn't inform their workers or the general public. Many states set time limits, called statutes of limitations, on how long an asbestos victim can start a lawsuit. The length of time varies by state, but typically range between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma has been filed, victims will lose their right to receive compensation. The amount of compensation victims are entitled to is determined by the severity of their illness as well as their diagnosis and other factors. Attorneys look at treatment costs and other expenses when negotiating to ensure patients have enough money to cover their medical expenses. Asbestos sufferers can also file claims with trust funds that were set up to compensate people who have been diagnosed with mesothelioma or any other asbestos-related ailments. Some of these trusts have dwindled, however others continue to pay out large prizes. In 2018 the United States court granted $70 million to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of working with gaskets produced by John Crane Inc. Trials Trials are the best option for asbestos victims than settlement offers. Trials can also help to resolve issues that aren't resolved through settlement negotiations, like the various ways to calculate damages and if the victim's condition resulted from specific exposures. In a court of law, plaintiffs need to prove they are entitled to damages, including past and future medical costs as well as lost wages, damage to property as well as pain and discomfort and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injury. The trial process is typically long. In the last 10 years mesothelioma cases, jury awards have risen significantly and have much exceeded the amount that is awarded by judges in settlement cases. A mesothelioma lawyer can help victims understand what to do during the trial procedure and will explain their rights under the law in a courtroom that is open to the public. A licensed lawyer can assist in identifying potential defendants. Asbestos cases can be more complicated than car accident cases where it is usually easy to identify responsible parties. This is especially true if the victim was exposed to more than one kind of asbestos at multiple locations. An experienced mesothelioma attorney can interview witnesses such as co-workers and relatives, abatement workers and suppliers to create a comprehensive database of the companies products, locations and other information. There is garden grove asbestos attorneys growing concern that the cost of resolving claims of asbestos victims who have been in the past is draining funds which could be used to pay for future cases. Furthermore, some claimants think that settlements aren't founded on actual injuries and they deserve more compensation. Defense attorneys can argue to dismiss asbestos claims by obtaining the process of summary judgment, or by finding that there was not an exposure. However, these motions require an exhaustive review of the evidence and an expert's view that the measured doses of asbestos the plaintiff took were insufficient to cause mesothelioma. Although the process can take time, a skilled mesothelioma lawyer can assist to accelerate the process and ensure that it does not become part of the lengthy backlog of cases in courts.