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Asbestos Litigation In courts all over the nation asbestos litigation has been a significant issue. Research has shown that exposure to asbestos can cause lung damage as well as disease. An attorney should be able to identify asbestos in each case. This can be accomplished by chatting with colleagues, obtaining records, and analyzing samples from homes or workplaces. Liability If you or a loved one is diagnosed with an asbestos-related disease You may be qualified for compensation. Compensation may cover lost wages, medical costs and other costs associated with mesothelioma. You can choose to file a lawsuit or offer an agreement to the defendants. There are usually multiple defendants in an asbestos case because there are many mining companies that produced asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or acted in the capacity of an employer could also be held responsible for injuries sustained by victims. Asbestos suits often fall under products liability laws which are based on state and common laws which allow damages to be recouped from sellers of goods when those products cause injuries. In a product liability lawsuit it is claimed that injuries resulted from faulty design or mismanufacture and that the victim was not adequately informed about the dangers associated with the products. In asbestos cases, defendants typically argue that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products are linked to a wide range of ailments. Furthermore, companies that concealed asbestos's dangers to boost profits have been accused of covering up the issue by attempting to suppress claims and also to block workers from seeking financial compensation for their injuries. If more than one defendant is found responsible for asbestos-related injuries suffered by a victim, a jury or judge could decide on how to divide the responsibility between them in a process known as the apportionment. The apportionment of liability does not alter the amount that the plaintiff can receive in compensation from the defendants in the case. Damages A lawsuit filed against a business that produced or sold asbestos products can aid victims in recovering compensation for their losses. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims may also be eligible for compensation and punitive damages. The lawsuit claims that the defendant acted negligently which means that it did not use reasonable care to ensure that the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was dangerous, but failed to warn workers and consumers of the danger. An asbestos lawsuit can be filed by a victim or estate of a person who has died from an asbestos-related illness like mesothelioma. A person may make a claim for personal injury to seek compensation for financial and other damages like emotional distress or pain and suffering and loss of enjoyment of the life. In addition, the survivor family members of a person who died from an asbestos-related disease can pursue a wrongful-death lawsuit. When an asbestos-related case is filed and a settlement is reached, both sides exchange information in the process of discovery. This process can last for a long time and could require extensive interviews with co-workers or relatives, abatement employees and others to discover potential defendants as well as their asbestos-related products. It is crucial for plaintiffs to choose an experienced attorney to handle their case due of the complexity of asbestos litigation. 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 expertise. The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability to obtain the maximum amount of compensation for clients. Contact us for a no-obligation consultation If you have any concerns about filing a lawsuit involving asbestos. We are dedicated 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 throughout the United States. Contact us by email or phone now to get started. Settlements When asbestos victims win their lawsuits, they receive compensation from companies who knew they exposed them to dangerous substances. This money is meant to help the victim's family and friends with the financial burdens resulting from the asbestos exposure. Compensation can help cover the cost of suffering and pain. Asbestos cases are typically settled instead of going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case this way. Settlements can also prevent the negative publicity that is associated when a jury verdict is handed down. It is crucial to choose an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients. Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research into their clients' medical records 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 gather evidence and use it to build a mesothelioma case that is strong and successful. In the course of pre-trial discovery and depositions mesothelioma lawyers will uncover evidence of asbestos companies negligence. Evidence typically comes in the form internal memos, corporate documents and statements of former employees who worked with asbestos-containing materials. These documents typically show that asbestos producers knew about mesothelioma's dangers, and other asbestos-related illnesses however, they didn't tell their employees or the general public. denver asbestos attorneys of states have set a limit, also known as a statute of limitations, for how long asbestos victims can bring a lawsuit. The durations vary by state, but they typically vary from one to two years. If the statute of limitation expires before a suit for mesothelioma has been filed, victims will lose the right to receive compensation. The amount of money that victims will receive is contingent upon the asbestos-related diagnosis they receive, how severe their condition is, and other factors. Attorneys look at treatment costs and other expenses during negotiations to ensure patients have enough funds to pay their medical expenses. Asbestos victims can also file claims with trust funds that were established to compensate those who have been diagnosed with mesothelioma, or other asbestos-related ailments. Some of these trusts have been empty, while others still pay huge amounts of money. In 2018 the United States court awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc. Trials Trials are the better option for asbestos victims than settlement offers. Trials can also help settle issues that aren't resolved through settlement negotiations, including differences in how to calculate damages and if the victim's condition was caused by specific exposures. In a trial the plaintiffs must prove that they are entitled to compensation, such as past and future medical expenses such 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 trial can take a long time. In the last decade mesothelioma-related jury awards cases have risen significantly and far exceeded the amount of money awarded to settlement cases by judges. A mesothelioma lawyer can help victims understand the trial process and explain their legal rights in a courtroom that is open to the public. A qualified lawyer can also assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to identify the individuals involved, asbestos litigation can be more complicated. This is especially true if someone was exposed more than one type of asbestos and at multiple locations. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, and abatement workers, to compile an inventory of the companies, products and locations. There is a growing concern the expense of settling claims from asbestos victims in the past can drain funds that could be used to fund future cases. Some claimants are also of the opinion that settlements do not reflect the actual damage and that they deserve more compensation. Plaintiffs in asbestos cases can fight to have claims dismissed through summary judgment or a finding of no exposure. However these motions require a thorough review of the evidence and a professional opinion that the doses measured of asbestos the plaintiff received were not sufficient to cause mesothelioma. While the process could be lengthy, a knowledgeable mesothelioma lawyer can assist to accelerate the case and make sure that it doesn't become part of the lengthy backlog of cases in the courts.