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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 recognize asbestos in every case. This can be done by talking to co-workers, getting records, or analyzing samples from homes or workplaces. Liability If you or a loved one is diagnosed with an asbestos-related disease, you may be entitled to compensation. Compensation can help with lost wages medical expenses, as well as other expenses that are associated with mesothelioma or an asbestos-related disease. You can either make a claim or offer a settlement to the defendants. There are usually many defendants in asbestos cases because there are many mining companies that produce asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or who acted in an employer capacity may also be accountable for injuries suffered by victims. Asbestos suits often fall under the law of product liability, which are based on state and common laws that allow for damages to be recovered from the seller of a product when the products cause injuries. In a suit for product liability it is claimed that injuries were caused due to faulty design or mismanufacture and that the person injured was not adequately warned about the dangers of the products. In asbestos cases, defendants often claim that they weren't 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 wide range of ailments. Companies that concealed asbestos-related dangers to increase profits were accused of cover-up. They tried to thwart claims and stop workers from claiming the financial compensation they deserve for their injuries. If more than one defendant is found to be responsible for the victim's asbestos-related injuries, a judge or jury could decide on how to divide the responsibility between them through a process known as the apportionment. The apportionment does not affect the amount of compensation the plaintiff is entitled to from the defendants. Damages A lawsuit brought against a company who manufactured or sold asbestos products can help victims obtain compensation for the losses they suffered. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims can also receive compensation and punitive 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 its intended use. The lawsuit also asserts that the defendant knew that asbestos could be dangerous and failed provide warnings to consumers and workers about this risk. The estates or victims of people who have died from asbestos-related illnesses such as mesothelioma are able to make an asbestos lawsuit. A person can start a lawsuit claiming personal injury in order to obtain compensation for economic and other damages like emotional distress or pain and suffering and loss of enjoyment the life. Additionally, the surviving family of someone who died from an asbestos-related illness can bring a wrongful death lawsuit. When an asbestos lawsuit is initiated, the parties exchange information via a process called discovery. This can last several months, and may require extensive interviews with colleagues, relatives, abatement workers and others to determine potential defendants as well as their asbestos-related products. Due to the complexity of asbestos litigation, it is crucial that plaintiffs hire an experienced lawyer to handle their case. The law firm that a plaintiff or their family chooses to work with should have an understanding of the unique complexities involved in asbestos litigation and be recognized by defendants and insurance companies for its expertise in asbestos cases. The attorneys at LK's are asbestos litigation experts with years of experience representing asbestos victims and their families. We are well-known for our expertise to obtain the maximum amount of compensation for clients. If you have any questions regarding filing an asbestos lawsuit, call us for a no-cost 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 nationwide. Contact us by phone or email today to begin. Settlements If asbestos victims win their lawsuits, they receive compensation for the companies who exposed them to hazardous substances. The money is intended to pay the victim and his or her family for financial losses caused by 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 help avoid negative publicity that can come with a trial verdict. It is crucial to find an attorney for mesothelioma who has expertise in obtaining the highest amount of damages for their clients. Mesothelioma cases are complicated and lawyers must conduct extensive research into the medical records of their clients and work history as well as asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause of their illness. Lawyers can then gather evidence and use it to build a mesothelioma-related case that is a solid one. Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and investigations. The evidence usually is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents usually show that asbestos manufacturers knew about mesothelioma's risks, and other asbestos-related diseases however, they didn't tell their employees or the general public. A number of states have time limits known as statutes of limitations on the time an asbestos victim has to file a lawsuit. The time frames vary from state to state but generally range between one and two years. If the statute of limitation expires before a case for mesothelioma can be filed, the victim will lose their right to compensation. The amount of money victims receive is contingent upon the severity of their condition the diagnosis, as well as other factors. Attorneys will consider the cost of treatment as well as other expenses in negotiations to ensure that patients have enough money to cover their medical expenses. Asbestos-related victims may also be able to claim through trust funds set up for those who have been diagnosed with mesothelioma as well as other asbestos-related illnesses. Some trusts are empty, while others continue to pay out substantial awards. For instance, in 2018 the federal jury awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc. Trials Trials are the best option for asbestos victims than settlement offers. Trials can also help settle issues that aren't resolved through settlement negotiations, including differences in the method of calculating damages and whether the victim's condition was caused by specific exposures. In a court of law, plaintiffs have to prove that they have a right to damages, including future and past medical costs as well as lost wages, damage to property as well as discomfort and pain and loss in consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The trial process is often long. In the last 10 years mesothelioma cases, jury verdicts cases have increased significantly, and are far more than the amount given to settlement cases by judges. baltimore asbestos lawyer can help victims understand how to proceed in the court procedure and will explain their rights under the law in a courtroom with an open door. A qualified lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident cases where it is generally easy to identify the parties responsible. This is particularly true when the person has been exposed to asbestos in multiple locations and at different times. A mesothelioma lawyer with experience can interview witnesses, such as coworkers, relatives and asbestos workers, to build an inventory of companies, products and locations. The expense of settling asbestos claims drains funds that could be used to pay future cases. Many claimants also believe that settlements do not accurately reflect their actual injuries and therefore they should be compensated more. Defendants can fight to dismiss asbestos claims by obtaining summary judgment, or a finding that there was not an exposure. However the motions must be based on an exhaustive review of the evidence and an expert's view that the doses of asbestos that plaintiffs received did not cause mesothelioma. While the process can be lengthy, a knowledgeable mesothelioma lawyer could help to accelerate the case and make sure that it doesn't be added to the long backlog of cases in the courts.