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Asbestos Litigation In the courts across the nation asbestos litigation has been a major issue. Asbestos exposure has been shown to cause lung disease and damage by research. An attorney must be able to identify asbestos in every case. This can be done through discussing with colleagues, obtaining documents, or analyzing samples taken from home or workplaces. Liability You could be eligible for compensation if you or someone you know is diagnosed with a disease related to asbestos. Compensation can assist with the loss of wages, medical expenses and other costs associated with mesothelioma or another asbestos-related illness. You may choose to bring a lawsuit, or offer an offer of settlement to the defendants. There are usually several defendants in an asbestos-related case because there are many mining companies that produced asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. In addition, companies that supplied services to mines or manufacturers that made use of asbestos or acted as employers could be held accountable for injuries suffered by victims. Asbestos lawsuits typically fall into the legal category of product liability law which is based on common and state laws that allow damages to be recouped from manufacturers of products if the products cause injuries. Specifically, in a product liability lawsuit, it is alleged that the injuries were caused due to a flawed or a design defect and that the person injured was not properly warned of the dangers associated with using the products. In asbestos cases, defendants frequently claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing items are linked to a range of illnesses. Furthermore, companies that concealed the risks of asbestos to increase profits have been accused of concealing the truth in attempting to block claims and also to block workers from seeking financial compensation for their injuries. A jury or judge may decide how to distribute the responsibility among defendants when more than one defendant is found to be responsible for an asbestos-related injury. This process is referred to as allocation. The apportionment process does not alter the amount of money that the plaintiff can receive in compensation from the defendants in the case. Damages A lawsuit filed against a company that manufactured 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 compensatory and punitive damages. The lawsuit alleges that the defendant acted negligently in that it failed to use reasonable care to ensure the product was safe for its intended use. It also is alleged that the defendant knew asbestos was a danger and did not warn consumers and workers of the danger. The estates or victims of those who have passed away from asbestos-related illnesses such as mesothelioma may file an asbestos lawsuit. A person may bring a lawsuit for personal injury to seek compensation for other and economic damages, such as emotional distress and pain and suffering and loss of enjoyment of the life of. Additionally, the surviving family of someone who died due to an asbestos-related illness may file a wrongful death lawsuit. Once an asbestos case has been filed and the parties share information in the process of discovery. garden grove asbestos lawsuit may take a few months, and may require extensive interviews with colleagues family members, abatement workers, relatives and others to determine potential defendants as well as their asbestos-related products. Due to the complicated nature of asbestos litigation it is important that plaintiffs have an experienced lawyer handle their case. The law firm that a plaintiff or their family chooses have an understanding of the complexities unique to asbestos litigation and should be recognized by insurance companies and defendants for its expertise in these cases. LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our ability to obtain maximum compensation for our clients. Contact us for a free 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 Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us today to get started. Settlements If asbestos victims prevail in their lawsuits, they get compensation from companies who knew they exposed them to hazardous substances. The money is intended to pay the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation can also help with the pain and suffering. Asbestos cases often settle instead of going to trial because it is less expensive and easier for defendant companies to resolve the case in this way. Settlements also prevent negative publicity that could be associated with a trial verdict. It is important to hire an attorney for mesothelioma who has years of experience in obtaining maximum damages for their clients. Mesothelioma cases are complex, and attorneys must conduct extensive research about their clients' medical records, work history, and asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the condition. Lawyers can then gather evidence and use it to build an effective mesothelioma case. Mesothelioma lawyers can uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence typically comes in the form of internal memos, corporate documentation and the testimony of former employees who worked with asbestos-containing material. In many cases, these documents show that asbestos manufacturers were aware of the dangers of mesothelioma as well as other asbestos-related ailments, but didn't disclose this information to their workers or to the general public. Many states have imposed a time limitation, also known as a statute of limitations, to determine how long asbestos victims can make a claim. The durations vary by state, but they typically vary from one to two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma is filed the victims will lose their right to receive compensation. The amount victims will receive is contingent upon their asbestos-disease diagnosis as well as how serious their condition is, as well as other aspects. Attorneys consider treatment costs and other costs when negotiations to ensure that patients receive enough funds to cover medical expenses. Asbestos-related victims may also be able to file claims through trust funds created for those who have been diagnosed with mesothelioma or other asbestos-related diseases. Some of these trusts are empty, while others continue to pay out large amounts of money. In 2018, for instance a federal jury awarded $70 million to the family of an U.S. Navy machinist who developed mesothelioma after working with gaskets manufactured by John Crane Inc. Trials Asbestos sufferers who go to trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that aren't easily resolved through settlement negotiations. For example, there could be differences in the calculation of damages and the possibility that a patient's condition was caused by a particular exposure. In a trial plaintiffs must demonstrate that they are entitled to damages, including past and future medical expenses as well as loss of wages, property damage, pain and suffering, and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The process of trial is usually long. Over the past 10 years, jury awards in mesothelioma cases have increased dramatically and far exceeded the amount that is awarded to settlement cases by judges. A mesothelioma attorney can help victims understand the steps to take during the trial process and explain their rights under the law in a courtroom with an open door. A qualified attorney can also assist in identifying potential defendants. Asbestos cases can be more complex than car accident cases where it is typically easy to identify responsible parties. This is particularly true if a person has been exposed to asbestos in more than one place and at different times. An experienced mesothelioma attorney can interview witnesses like coworkers family members, abatement workers, relatives and suppliers to compile a comprehensive database of the companies as well as the locations of their products and. There is a growing concern that the cost of resolving claims from past asbestos victims has a negative impact on funds which could be used to pay for future cases. Additionally, some claimants believe that settlements should be just based on injuries that actually occurred and should be compensated more. Defense attorneys can argue to dismiss asbestos claims by obtaining summary judgment, or a finding that there was no exposure. These motions are, however, subject to a thorough examination of the evidence as well as an expert opinion that the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma. While the process may take time, a skilled mesothelioma lawyer can help accelerate the case and ensure that it does not become part of the aforementioned long backlog of cases in the courts.