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Asbestos Litigation A large portion of asbestos litigation has been handled by courts across the country. Asbestos exposure has been shown to cause lung damage and lung disease by research. An attorney should be able to recognize asbestos in each case. This can be accomplished by talking with co-workers or obtaining records, as well as studying samples from home or workplaces. Liability You may be entitled to compensation if you or someone you love has been diagnosed with a health condition that is linked to asbestos. Compensation can cover lost wages medical costs, and other costs associated with mesothelioma, or any other asbestos-related disease. You can choose to file a lawsuit or offer a settlement to the defendants. In asbestos cases, there are usually multiple defendants as there are numerous mining companies that manufacture asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, manteca asbestos law firm who provided services to mines or manufacturers that made use of asbestos or who acted as employers could be held responsible for injuries suffered by victims. Asbestos lawsuits usually fall under the legal category of law governing product liability, which is based on state and common laws that allow damages to be recovered against producers of products if those products cause injury to. In a suit for product liability it is claimed that the injuries were caused by faulty design or mismanufacture and that the person injured was not adequately warned of the dangers associated with the products. Defendants in asbestos cases often claim that they didn't act negligently and that their products were safe, even though doctors have long recognized that the use of asbestos-containing products can cause various illnesses. Additionally, companies that concealed asbestos's dangers in order to boost profits have been accused of covering up the issue by trying to thwart claims and also to prevent workers from seeking financial compensation for their injuries. If more than one defendant is found to be liable for asbestos-related injuries suffered by a victim the judge or jury can decide how to divide the blame between them through a process known as apportionment. The apportionment process does not alter the amount that the plaintiff can receive in compensation from the defendants in the case. Damages A lawsuit against a company which manufactured or sold asbestos could assist victims to recover compensation. This includes the cost of medical treatment for their condition and the loss of wages because of being unable to work. Victims can also receive compensation and punitive damages. The lawsuit asserts that the defendant acted negligently. This means that it failed to take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew asbestos could be dangerous, but failed to warn workers and consumers about this risk. A person who is a victim or the estates of those who have passed away from asbestos-related diseases like mesothelioma could start an asbestos lawsuit. A person may start a lawsuit claiming personal injury in order to obtain compensation for damages arising from economic or other causes like emotional distress or pain and suffering and loss of enjoyment the life of. In addition, the survivors of a family members of a person who died from an asbestos-related illness can pursue a wrongful-death lawsuit. Once an asbestos case has been filed, the two sides share information through an process known as discovery. This process can last some time and may require interviews with family members, coworkers, members, abatement workers, and others in order to identify potential defendants. Due to the complexity of asbestos litigation, it is imperative that plaintiffs choose a seasoned lawyer handle their case. The law firm that a plaintiff or their family chooses to work with should be aware of the complexities unique to asbestos litigation and be recognized by insurance companies and defendants for its experience in these cases. The attorneys at LK's are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are recognized for our ability to get the maximum amount of compensation to 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 on behalf of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients all over the nation. Contact us via email or phone now to get started. Settlements When asbestos victims win their lawsuits, they are awarded compensation from companies that knowingly exposed them to dangerous substances. The money is intended to assist the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation may also cover the pain and suffering. Asbestos cases are usually settled rather than going to trial. This is because it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements can also help avoid the negative publicity that is associated with a verdict in a trial. It is important to hire an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients. Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive research into their client's past work history, medical records and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their condition. Lawyers can then gather evidence and use it in a strong mesothelioma case. During depositions and discovery prior to trial, mesothelioma lawyers can find evidence of asbestos-related companies negligence. Evidence usually is found in internal memos, corporate documents, and the testimony of former employees who have worked with asbestos-containing products. These documents usually show that asbestos producers knew about the dangers of mesothelioma and other asbestos-related illnesses, but didn't tell their workers or the general public. Many states set time limits also known as statutes or limitations that define how long asbestos victims have to make a claim. These deadlines vary from state to state but generally range between one and two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma can be filed, victims will lose the right to receive compensation. The amount victims will receive is contingent upon the diagnosis of their asbestos-related disease and how severe their condition is, and other factors. Attorneys take into account treatment costs and other costs when negotiating to ensure that patients have enough funds for their medical bills. Asbestos victims can also file claims using trust funds which were created to pay compensation to those who have been diagnosed with mesothelioma, or other asbestos-related diseases. Some of these trusts have been wiped out, but others continue to award substantial prizes. For example, in 2018 a federal jury awarded $70 million to the family of the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets made by John Crane Inc. Trials Asbestos sufferers who go to trial have a greater chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that are not possible to resolve through settlement negotiations. For example, there could be differences in the calculation of damages and whether the condition of a victim is caused by a particular exposure. In a court trial plaintiffs must demonstrate that they have the right to compensation, such as future and past medical expenses and loss of wages, property damage as well as pain and suffering and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injury. The process of trial can be lengthy. In the past decade mesothelioma jury awards have increased significantly and have far exceeded the amount awarded by judges in settlement cases. An attorney for mesothelioma can help victims understand the process of trial, and can explain their legal rights in a courtroom that is open to the public. An experienced attorney can assist in identifying potential defendants. Asbestos litigation can be more complex than litigation involving car accidents, where it is usually easy to identify responsible parties. This is especially true if someone was exposed more than one type of asbestos and in various locations. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, and abatement workers, to create an inventory of the companies, products, and the locations. There is a growing concern that the cost of settling claims of asbestos victims from the past can drain funds that could be used to fund future cases. Some claimants also believe that settlements do not accurately reflect their actual injuries and therefore they are entitled to a higher amount of compensation. In asbestos cases, defendants can contest claims to dismiss them through summary judgment or a conclusion of no exposure. However these motions require an extensive review of evidence and an expert's opinion that the doses measured of asbestos that plaintiffs received were not enough to cause mesothelioma. A mesothelioma attorney can help speed up the process and stop the case from becoming a burden in the courts.