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Asbestos Litigation In courts all over the country asbestos litigation has been a significant issue. Research has proved that exposure to asbestos can cause lung damage as well as disease. It is essential that attorneys know how to identify asbestos products in each case. This can be done through talking to colleagues, collecting records, or analyzing samples from homes or workplaces. Liability If you or a loved one is diagnosed with an asbestos-related condition you could be entitled to compensation. Compensation can be used to pay for lost wages, medical costs and other expenses related to mesothelioma. You can either make a claim or offer a settlement to the defendants. In asbestos cases, there are generally multiple defendants because there are many mining companies that manufacture asbestos and manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, federal way asbestos law firm that supplied services to mines or manufacturers that made use of asbestos or who acted as employers could be held responsible for injuries suffered by victims. Asbestos suits often fall under laws governing product liability which are based on common and state laws which allow damages to be recovered from the seller of a product when they cause injury. In a lawsuit involving product liability, it is alleged the injuries occurred due to faulty design or mismanufacture and that the injured person was not adequately warned about the dangers associated with products. In asbestos cases, defendants usually assert that they were not negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products have been linked to a variety of diseases. Companies who concealed asbestos-related risks to make profits were accused of a cover-up. They tried to thwart claims and stop workers from claiming financial compensation for injuries they sustained. A judge or jury can decide on how to split responsibility between defendants if more than one defendant is found to be responsible for an asbestos-related injury. This is known as apportionment. The apportionment of liability does not affect the total amount that the plaintiff can receive in compensation from the defendants in the case. Damages A lawsuit brought against a business that produced or sold asbestos products can help victims receive compensation for their losses. This includes the cost of medical treatments for their disease as well as the loss of earnings due to the inability to work. Victims may also receive compensation and punitive damages. The lawsuit alleges that the defendant acted negligently, meaning it did not exercise reasonable care to ensure the product was safe for its intended use. The lawsuit further alleges that the defendant knew asbestos could be hazardous and failed to in educating consumers and workers about the risk. A person who is a victim or the estates of people who have died from asbestos-related diseases like mesothelioma may start an asbestos lawsuit. A person may start a personal injury suit to claim compensation for economic and non-economic damages, such as emotional anxiety as well as loss of enjoyment life as well as suffering and pain. Family members of someone who has died from an asbestos-related disease can make a claim for wrongful death. Once an asbestos case is initiated, the parties exchange information via a process called discovery. The process can last for several months and could require interviews with coworkers, family members, abatement workers, and others to determine potential defendants. It is important for plaintiffs to have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm that a victim or their loved ones chooses must be aware of the complexities unique to asbestos litigation and be recognized by insurance companies and defendants for its experience in these cases. The attorneys at LK's are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are renowned for our ability to obtain maximum compensation for our clients. If you have any questions regarding filing an asbestos lawsuit, please contact us for a no-cost consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah, and Houston, Texas. We represent clients from all over 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 hazardous substances. The money is intended to assist the victim's family and friends with the financial burdens resulting from the asbestos exposure. Compensation can also be used to cover the cost of suffering and pain. Asbestos lawsuits are often settled instead of going to trial. This is because it's less expensive and easier for the defendant companies to settle the case this way. Settlements can also prevent the negative publicity that comes with a verdict in a trial. It is important to hire an experienced mesothelioma law firm with experience in obtaining maximum damages for their clients. Mesothelioma lawsuits are complex and require lawyers to conduct extensive research into their client's work history as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing firms that could be responsible for the condition. Lawyers can then gather evidence and use it to build a mesothelioma case that is strong and successful. Mesothelioma lawyers may uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence typically comes from internal memos, corporate documents, and the testimony of former employees who have worked with asbestos-containing products. These documents often reveal that asbestos producers knew about mesothelioma's risks, and other asbestos-related illnesses but did not inform their workers or the general public. Many states set time limitations which are known as statutes of limitation that define how long an asbestos victim has to file a lawsuit. The length of time varies between states, but are typically between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma has been filed, victims will lose their right to receive compensation. The amount of money that victims will receive is contingent upon the diagnosis of their asbestos-related disease as well as how serious their condition is, as well as other aspects. Attorneys will consider the cost of treatment and other costs when they negotiate to ensure that patients receive enough money to pay their medical expenses. Asbestos-related victims may also be able to file claims through trust funds created for patients diagnosed with mesothelioma, asbestos-related diseases. Some of these trusts have been empty, while others still pay substantial awards. In 2018, for instance a federal jury awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets produced by John Crane Inc. Trials Trials are the better option for asbestos victims than settlement offers. Trials can also help resolve problems that cannot be resolved through settlement negotiations, including the various ways to calculate damages and whether the victim's condition was caused by a specific exposure. In a court of law, plaintiffs will have to prove that they are entitled to damages including future and past medical costs as well as lost wages, damage to property, pain and discomfort, and loss in consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injuries. The process of trial is usually lengthy. In the last 10 years mesothelioma cases, jury verdicts cases have risen dramatically and far exceeded the amount given to settlement cases by judges. A mesothelioma lawyer will help victims understand the steps to take through the trial process and explain their rights under the law in an open courtroom. A lawyer with experience can also assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident cases where it is generally easy to identify responsible parties. This is especially true if a person was exposed to more than one kind of asbestos and in multiple locations. A mesothelioma lawyer with experience can interview witnesses, such as family members, coworkers and abatement workers, to compile a database of companies, products and locations. The expense of settling asbestos claims drains funds which could have been used to fund future cases. Many claimants also believe that settlements do not reflect the actual damage and that they should be compensated more. The defendants in asbestos cases may fight to have claims dismissed through the process of summary judgment or by a finding of no exposure. However, these motions require an in-depth review of the evidence and an expert's opinion that the doses measured of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. A mesothelioma lawyer can help speed up the process and keep the case from becoming a backlog in the courts.