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Asbestos Litigation In courts all over the nation asbestos litigation has been a major problem. Research has proven that exposure to asbestos can cause lung damage and cause disease. An attorney should be able recognize asbestos in every case. This can be accomplished through conversations with coworkers collecting records, or analysing samples taken from homes or work sites. Liability If you or someone close to you is diagnosed with an asbestos-related disease you could be entitled to compensation. Compensation can be used to pay for lost wages, medical expenses and other costs associated with mesothelioma. You may choose to bring a lawsuit, or offer an offer of settlement to the defendants. In asbestos cases, there are generally several defendants since there are numerous mining companies that produce asbestos and also manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or in a position of employer could also be held responsible for the injuries of victims. Asbestos suits often fall under product liability laws that are based on state and common laws which allow damages to be recouped from sellers of products when they cause injuries. In particular, in a liability lawsuit, it is claimed that the injuries were caused by a mismanufacture or defective design and that the victim was not properly warned of the dangers associated with using the products. In asbestos cases, defendants usually 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 can lead to a myriad of illnesses. Additionally, companies that concealed asbestos's dangers in order to boost profits have been accused of engaging in a cover-up by attempting to suppress claims and attempting to block workers from seeking compensation 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 blame between them in a process called allocation. The apportionment does not alter the amount of compensation the plaintiff is entitled to from the defendants. Damages A lawsuit brought against a business that produced or sold asbestos-related products could help victims receive compensation for their losses. This includes the costs of medical treatment for their illness as well as the loss of wages due to inability to work. Victims could also be awarded compensatory and punitive damages. The lawsuit asserts that the defendant acted with negligence and did not use reasonable care to ensure that the product was safe for its intended use. The lawsuit also alleges that the defendant knew asbestos could be hazardous and failed to inform consumers and workers about the dangers. The estates or victims of people who have died from asbestos-related diseases such as mesothelioma could file an asbestos lawsuit. A person may file a personal injury lawsuit to claim compensation for economic and non-economic damages, including emotional suffering and loss of enjoyment of life, and pain and suffering. Family members who have survived those who have died due to an asbestos-related illness may also bring a wrongful death lawsuit. After an asbestos case is filed, the parties exchange information in the process of discovery. This can last several months and may include extensive interviews with colleagues or relatives, abatement employees and others to determine potential defendants and asbestos-related products. Due to the complexity of asbestos litigation, it is essential that plaintiffs get an experienced lawyer handle their case. The law firm the victim, or their family, chooses must understand the unique complexities of asbestos litigation. They should be acknowledged by insurance companies and defendants for their experience. 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 success to get the most compensation possible for our clients. If you have any questions regarding filing an asbestos lawsuit, please contact us for a free consultation. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us via phone or email now to get started. Settlements If asbestos victims prevail in their lawsuits, they are awarded compensation for the companies that exposed them to dangerous substances. The money is intended to compensate the victim and their family members for the financial losses resulting from asbestos exposure. Compensation may cover pain and suffering. Asbestos lawsuits are often settled rather than going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements can also help avoid the negative publicity that comes with a verdict in a trial. meridian asbestos attorneys is important to hire an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients. Mesothelioma lawsuits are complex and require lawyers to conduct extensive research into their client's past work history as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be the cause of the disease. Lawyers can then gather evidence and use it in a strong mesothelioma case. During pre-trial discovery, depositions and pre-trial depositions mesothelioma lawyers are able to uncover evidence of asbestos companies' negligence. Evidence usually comes from internal memos, corporate documents and statements of former employees who have worked with asbestos-containing products. In many instances, these documents show that asbestos manufacturers knew about the dangers of mesothelioma as well as other asbestos-related diseases but did not divulge this information to their workers or the general public. A number of states have time limits, called statutes of limitations, on how long an asbestos victim has to file a lawsuit. These time periods vary between states, but are typically between one and two years. If the statute of limitations expires before a case for mesothelioma has been filed, victims will lose their right to compensation. The amount of compensation victims will receive is based on the severity of their illness as well as their diagnosis and other factors. Attorneys look at treatment costs as well as other expenses in negotiations to ensure that patients have enough money to cover their medical bills. Asbestos victims may also be able to claim through trust funds established for those diagnosed with mesothelioma, asbestos-related diseases. Some of these trusts have dwindled, however others continue to pay out large awards. In 2018 an appeals court in the U.S. granted $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma from gaskets manufactured by John Crane Inc. Trials Trials are a better option for asbestos victims than settlement offers. Trials can resolve issues that are not possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages and the possibility that a patient's condition was caused by a specific exposure. In a court trial plaintiffs must demonstrate that they are entitled to damages, including future and past medical expenses as well as loss of earnings, property damage, pain and suffering, and loss of consortium. In addition, the defendant must show that it is accountable for the asbestos-related injury. The trial can take a long time. In the last 10 years mesothelioma cases, jury verdicts cases have risen significantly and far exceeded the amount of money awarded to settlement cases by judges. A mesothelioma attorney can help victims understand how to proceed in the trial process and can explain their rights under the law in a courtroom with an open door. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases can be more complicated than litigation involving car accidents, where it is usually simple to identify the responsible parties. This is especially true if a person was exposed to more than one type of asbestos in multiple locations. An experienced mesothelioma attorney is able to interview witnesses like coworkers or relatives, abatement workers and suppliers to compile an exhaustive database of the companies as well as the locations of their products and. There is a growing concern the expense of settling claims from asbestos victims in the past is consuming funds which could be used to fund future cases. Some claimants also believe that settlements should be just based on injuries that actually occurred and they deserve more compensation. In asbestos cases, defendants can seek to dismiss claims through summary judgment or a conclusion of no exposure. However, these motions require a thorough review of the evidence and an expert's view that the doses measured of asbestos the plaintiff received did not cause mesothelioma. A mesothelioma lawyer can help speed up the process and keep the case from becoming part of the backlog in the courts.