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Asbestos Litigation A significant amount of asbestos-related litigation has been handled in courts across the nation. Asbestos exposure has been proved to cause lung disease and damage through research. It is essential for an attorney to understand how to identify asbestos-related materials in each case. This can be accomplished by speaking with colleagues or obtaining records, as well as analysing samples taken from homes or workplaces. Liability If you or someone close to you is diagnosed with an asbestos-related disease you may be eligible for compensation. Compensation can pay for the loss of wages, medical expenses and other expenses related to mesothelioma. You can make a claim for compensation or make a settlement offer from the defendants in the case. In asbestos cases, there are usually multiple defendants as there are a variety of mining companies that produce asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or in a position of employer could also be liable for the injuries of victims. Asbestos lawsuits often fall under the legal category of product liability law, which is based on state and common laws that allow damages to be recouped from producers of products if those products cause injuries. In particular, in a liability lawsuit, it is alleged that the injuries were caused by a mismanufacture or defective design and that the injured party wasn't adequately warned of the risks that came with using the products. In asbestos cases, defendants often claim that they did not behave in a negligent way and that their products are safe, even though doctors have long recognized that the use of asbestos-containing products can cause different diseases. In addition, companies who concealed the risks of asbestos to increase profits have been accused of attempting to cover up by attempting to suppress claims and also to block workers from seeking financial compensation for their injuries. If more than one defendant is found liable for asbestos-related injuries suffered by a victim, a judge or jury could decide on how to divide the burden of responsibility among the defendants in a process referred to as the 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 against a company that manufactured or sold asbestos could aid victims in recovering compensation. This includes the cost of medical treatment and lost wages because of being unable to do their job. Victims could also be awarded punitive and compensatory damages. The lawsuit asserts that the defendant acted negligently. This means that it didn't take reasonable steps to ensure the product was safe for the intended use. The lawsuit further alleges that the defendant knew asbestos could be dangerous, but failed to in educating consumers and workers about the risk. An asbestos-related lawsuit can be filed by a victim, or the estate of a deceased person due to an asbestos-related illness, like mesothelioma. A person can make a claim for personal injury in order to obtain compensation for damages arising from economic or other causes including emotional distress or pain and suffering and loss of enjoyment of the life. The surviving family members of someone who has died from an asbestos-related disease can file a wrongful deaths lawsuit. When an asbestos lawsuit is filed, the parties exchange information in the process known as discovery. ohio asbestos lawsuit may take several months and could require interviews with family members, coworkers, members, abatement workers and others to determine potential defendants. It is essential for plaintiffs to choose an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm that a victim, or their family, chooses should comprehend the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for its expertise. LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to get the maximum amount of compensation for our clients. If you have any questions regarding filing an asbestos lawsuit, call us for a free consultation. 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 phone or email now to get started. Settlements If asbestos victims prevail in their lawsuits, they are awarded compensation from the companies that exposed them substances. This money is meant to assist the family of the victim financially for the financial loss resulting from the asbestos exposure. Compensation can help cover the suffering and pain. Asbestos cases usually settle instead of going to trial, as it is more cost-effective and easier for the defendant company to settle the matter this way. Settlements also help avoid negative publicity that may come with a verdict at trial. It is important to hire an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients. Mesothelioma lawsuits are complex and require attorneys to conduct extensive investigations into the history of their clients' employment as well as medical records and asbestos exposure. They can assist clients in identifying asbestos-producing businesses that could be the cause of the disease. Lawyers can then gather evidence and use it to build an effective mesothelioma case. During pre-trial discovery and depositions, mesothelioma lawyers can discover evidence of asbestos companies' negligence. The evidence typically comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. In many cases documents, they show that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related illnesses but didn't disclose this information to their workers or the public. A number of states have set a time limit, referred to a statute of limitations, to determine the length of time asbestos victims can file a lawsuit. The time frames vary between states, but are typically between one and two years. If the statute of limitations runs out before a mesothelioma case is filed, the victims lose their right to compensation. The amount of compensation victims receive is contingent upon the severity of their condition as well as their diagnosis and other factors. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients receive enough funds for their medical bills. Asbestos sufferers may also be able to file claims through trust funds set up for those diagnosed with mesothelioma or other asbestos-related diseases. Some trusts are depleted, but some continue to pay significant awards. For instance, in 2018 an appeals court in the United States awarded $70 million to the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured 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 resolve issues that are not easily resolved through settlement negotiations. For example, there could be differences in the calculation of damages, and the extent to which a person's condition is caused by a specific exposure. In a trial, plaintiffs must show that they are entitled to damages, including past and future medical expenses as well as loss of wages, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The process of trial can be lengthy. In the last 10 years mesothelioma jury awards have increased significantly and have significantly exceeded the amount given by judges in settlement cases. A mesothelioma lawyer can assist victims understand how to proceed in the trial process and also explain their rights under the law in a courtroom with an open door. A qualified lawyer can also assist in identifying potential defendants. Contrary to litigation involving car accidents where it's usually easy to identify the parties, asbestos cases are more complicated. This is especially true if an individual was exposed to more than one kind of asbestos and in multiple locations. An experienced mesothelioma attorney is able to interview witnesses such as co-workers or relatives, abatement workers and suppliers to create an exhaustive list of companies as well as their products and locations. The expense of settling asbestos claims drains funds that could have been used to fund future cases. Some claimants are also of the opinion that settlements do not reflect actual injuries and they are entitled to more compensation. Plaintiffs can challenge dismissal of asbestos claims by obtaining summary judgment, or a finding that there was no exposure. However these motions require an extensive review of evidence and an expert's view that the doses measured of asbestos that plaintiffs received did not cause mesothelioma. Although the process can take time, a qualified mesothelioma lawyer can help accelerate the process and ensure that it does not become part of the long queue of cases that are awaiting the courts.