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Asbestos Litigation In the courts across the nation, asbestos litigation is a huge issue. Research has proven that exposure to asbestos can cause lung damage and disease. An attorney must 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 You may be entitled to compensation If you or someone you love is diagnosed with a disease that is related to asbestos. Compensation may cover lost wages, medical expenses and other costs associated with mesothelioma. You can either bring a lawsuit, or offer an offer of settlement to the defendants. There are usually several defendants in asbestos cases due to the numerous mining companies that made asbestos and manufacturers of the products that contain asbestos. bethlehem asbestos lawyer may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or who acted as employers could be held accountable for injuries sustained by victims. Asbestos lawsuits usually fall under the legal category of product liability law, which is founded on state and common laws that allow damages to be awarded against sellers of products if those products cause injuries. In particular, in a liability lawsuit, it is alleged that the injuries were caused by mismanufacture or a defective design, and the injured party was not adequately warned of the risks that came with using the products. In asbestos cases, defendants often claim that they didn't act in a negligent manner and that their products are safe, despite the fact that doctors have long recognized that the use of asbestos-containing items is linked to different diseases. Companies who concealed asbestos-related dangers to increase profits were accused of cover-up, as they tried to deny claims and block workers from claiming an amount of compensation for their injuries. If more than one defendant is found to be liable for the asbestos-related injuries sustained by a victim the judge or jury could decide how to split the responsibility between the defendants in a process referred to as the apportionment. The apportionment of liability will not alter the amount that the plaintiff can receive in compensation from the defendants in the case. Damages A lawsuit against a company that produced or sold asbestos could aid victims in recovering compensation. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims may also receive punitive and compensatory damages. The lawsuit alleges that the defendant acted with negligence, meaning it did not exercise reasonable care to ensure that the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was a risk and failed to warn consumers and workers of this risk. An asbestos-related lawsuit can be filed by a victim or the estate of a deceased person due to an asbestos-related illness, like mesothelioma. A person can start a lawsuit claiming personal injury in order to obtain compensation for other and economic damages, such as emotional distress or pain and suffering and loss of enjoyment of the life. Additionally, the surviving family members of a deceased person due to an asbestos-related illness may make a claim for wrongful death. After an asbestos case has been filed, the two parties exchange information via a process called discovery. This process can take several months and could require interviews with family members, coworkers, members, abatement workers and others to determine potential defendants. It is crucial for plaintiffs to choose an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm that a victim or their family selects should have an understanding of the complexities unique to asbestos litigation, and be acknowledged by defendants and insurance companies for its expertise in these cases. LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are known for our ability to secure the highest amount of compensation for our clients. If you have any questions about filing an asbestos suit, contact us for a free consultation. We are committed 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 nationwide. Call or email us today to begin. Settlements When asbestos victims win their lawsuits, they are awarded compensation for the companies who exposed them to hazardous substances. This money is meant to assist the family of the victim financially for the financial loss resulting from the asbestos exposure. Compensation can be used to cover the pain and suffering. Asbestos cases are often settled rather than going to trial because it is less expensive and easier for the defendant company to settle the case this way. Settlements also reduce the negative publicity that can come with a verdict at trial. It is crucial to select mesothelioma attorneys who have prior experience in obtaining the maximum amount of damages for their clients. Mesothelioma cases are complex and lawyers must conduct extensive research on their client's medical records and work history as well as asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their illness. The lawyers can then collect evidence and use it to build a mesothelioma-related case that is a solid one. Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during discovery and depositions. The evidence typically comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many cases the documents prove that asbestos manufacturers were aware of the dangers of mesothelioma and other asbestos-related diseases but didn't disclose this information to their workers or the general public. Many states set time limits, called statutes of limitations, on how long an asbestos victim can start a lawsuit. These time periods vary from state-to-state, but generally range between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their rights to be compensated. The amount of compensation that victims will receive is based on the severity of their illness, their diagnosis and other factors. Attorneys consider the cost of treatment and other expenses when negotiations to ensure that patients have enough money to pay for medical expenses. Asbestos 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 are depleted, but others continue to award large amounts of money. For instance, in 2018 an appeals court in the United States awarded $70 million to the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets produced by John Crane Inc. Trials Trials are a better option for asbestos victims than settlement offers. Trials can also help resolve problems that cannot be resolved through settlement negotiations, like differences in how to calculate damages and whether the patient's condition resulted from specific exposures. In a court of law, plaintiffs will need to prove they are entitled damages, including past and future medical expenses loss of wages, damages to property or property, pain and discomfort and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injuries. The process of trial is usually lengthy. In the last decade mesothelioma jury awards have increased significantly and have substantially exceeded the amount granted by judges in settlement cases. A mesothelioma lawyer can assist victims understand how to proceed during the trial process and also explain their rights under the law in a courtroom that is open to the public. A qualified attorney can also help to identify potential defendants. In contrast to car accident litigation, where it is often easy to determine the responsible parties, asbestos cases are more complicated. This is especially the case when an individual was exposed to more than one type of asbestos in multiple places. An experienced mesothelioma attorney can interview witnesses such as co-workers and relatives, abatement workers and suppliers to compile a detailed database of employers products, locations and other information. There is a growing concern the cost of settling claims of asbestos victims from the past is consuming funds which could be used to pay for future cases. Some claimants also believe that settlements should be just based on injuries that actually occurred and therefore deserve more compensation. Defendants in asbestos cases can argue for dismissal of claims through the process of summary judgment or by a finding of no exposure. However they must be able to provide an in-depth review of the evidence and an expert opinion that the measured doses of asbestos the plaintiff took were not enough to cause mesothelioma. While the process could take time, a skilled mesothelioma lawyer can assist to speed up the process and make sure that it doesn't become part of the lengthy backlog of cases in the courts.