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Asbestos Litigation A significant amount of asbestos-related litigation has been handled by courts across the nation. Research has proved that exposure to asbestos can cause lung damage as well as disease. It is essential for attorneys to know how to spot asbestos products in every case. This can be done by speaking with colleagues, obtaining records, and analyzing samples from homes or work sites. plano asbestos lawsuit If you or a loved one is diagnosed with an asbestos-related illness you may be entitled to compensation. Compensation can pay for lost wages, medical expenses and other costs related to mesothelioma. You can file a lawsuit or offer a settlement to the defendants. There are usually multiple defendants in asbestos cases because there are numerous mining companies that produce asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or in a position of employer could also be liable for the injuries of victims. Asbestos suits typically fall under product liability laws, which are based on the laws of the state and common law which allow damages to be recouped from sellers of products when those products cause injury. In a suit for product liability it is claimed that the injuries resulted from the design defect or manufacturing error and that the victim was not adequately informed about the risks associated with the products. In asbestos cases, defendants often claim that they did not do anything in a negligent manner and that their products are safe, even though doctors have long recognized that asbestos-containing products can lead to various illnesses. Additionally, companies that concealed asbestos's risks to increase profits have been accused of engaging in a cover-up by trying to thwart claims and also to block workers from seeking financial compensation for injuries they sustained. A jury or judge can decide how to divide the burden of responsibility between defendants if more than one defendant has been blamed for an asbestos-related injury. This process is referred to as apportionment. The apportionment process does not alter the amount of compensation plaintiffs can receive from the defendants. Damages A lawsuit brought against a firm that manufactured or sold asbestos-related products could help victims obtain compensation for their losses. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims can also receive compensation and punitive damages. The lawsuit claims that the defendant acted negligently. This means that it failed to take reasonable steps to ensure the product was safe for the intended use. The lawsuit also asserts that the defendant knew that asbestos could be dangerous, but failed to inform consumers and workers about this risk. An asbestos lawsuit can be filed by a person who has suffered the loss or the estate of a deceased person from an asbestos-related illness such as mesothelioma. A person can file a lawsuit for personal injury in order to obtain compensation for financial and other damages including emotional distress or pain and suffering and loss of enjoyment of the life of. In addition, the survivor family members of a deceased person from an asbestos-related illness can bring a wrongful death lawsuit. After an asbestos case is filed and a settlement is reached, both sides exchange information during the process of discovery. This process can last for a long time and could require extensive interviews with co-workers, relatives, abatement workers, and others to identify potential defendants as well as their asbestos-related products. Due to the complex nature of asbestos litigation, it is imperative that plaintiffs have an experienced lawyer to handle their case. The law firm that the victim or their family chooses must be able to comprehend 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 who have years of experience representing asbestos victims and their families. We are renowned for our ability to secure maximum compensation for our clients. If you have any questions about filing an asbestos suit, contact us for a free 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 throughout the nation. Contact us now to get started. Settlements If asbestos victims prevail in their lawsuits, they receive compensation from companies that knew about and exposed them to hazardous substances. The money is intended to help the victim's family and friends in the event of financial losses due to the asbestos exposure. Compensation may also cover the pain and suffering. Asbestos cases often settle rather than going to trial, as it is more cost-effective and easier for defendant companies to resolve the matter in this manner. Settlements also can help prevent the negative publicity that can come with a verdict in a trial. It is important to hire an attorney for mesothelioma who has prior experience in obtaining the maximum amount of damages for their clients. Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct thorough research on their client's employment history as well as medical records and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their illness. Lawyers can then gather evidence and use it to build a mesothelioma lawsuit that is strong. During pre-trial discovery, depositions and pre-trial depositions, mesothelioma lawyers can uncover evidence of asbestos-related companies' negligence. Evidence usually comes in the form of internal memos, corporate documentation and testimony from former employees who worked with asbestos-containing material. These documents often reveal that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related illnesses but did not inform their workers or the general public. Many states have set a limit, also known as a statute of limitations, on how long asbestos victims are allowed to make a claim. The time frames vary from state to state, but they typically vary from one to two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, victims lose their rights to compensation. The amount of compensation a victim will receive is based on the severity of their illness as well as their diagnosis and other factors. Attorneys consider treatment costs and other expenses when negotiations to ensure that patients have enough funds to cover medical expenses. Asbestos-related victims may also be able to file claims through trust funds that have been established for those who have been diagnosed with mesothelioma or other asbestos-related diseases. Some of these trusts have been closed, while others continue to award large amounts of money. For instance, in 2018 the federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets produced by John Crane Inc. Trials Trials are the better option for asbestos victims than settlement offers. Trials can resolve issues that aren't resolvable through settlement negotiations. For example, there may be differences in the calculation of damages and whether the condition of a victim is caused by a specific exposure. In a court of law, plaintiffs have to prove that they are entitled to damages including past and future medical costs loss of wages, damages to property as well as discomfort and pain and loss in consortium. In addition, the defendant has to prove that it is responsible for the asbestos-related injury. The trial process can be lengthy. In the last 10 years mesothelioma cases, jury awards have increased significantly and have much exceeded the amount that is awarded by judges in settlement cases. A mesothelioma attorney can help victims understand the process of trial and explain their legal right before a judge in a public courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Asbestos cases can be more complicated than car accident cases where it is generally easy to identify the responsible parties. This is particularly true when the person has been exposed to asbestos in multiple places and at different times. An experienced mesothelioma lawyer is able to interview witnesses, such as family members, coworkers and abatement workers to compile a database of companies, products, and the locations. There is growing concern that the cost of settling claims from past asbestos victims is draining funds which could be used to pay for future cases. Some claimants believe that settlements do not accurately reflect their actual injuries and therefore they deserve more compensation. The defendants can seek to dismiss asbestos claims using the process of summary judgment, or by finding that there was not an exposure. However, these motions require an extensive review of evidence and an expert's opinion that the doses of asbestos the plaintiff received were insufficient to cause mesothelioma. While the process could take time, a skilled mesothelioma lawyer could help to accelerate the case and ensure that it doesn't be added to the long backlog of cases in the courts.