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Asbestos Litigation A significant amount of asbestos litigation has been handled by courts across the country Research has shown that asbestos exposure can cause lung damage and cause disease It is crucial for attorneys to know how to identify asbestosrelated materials in each case This can be done by talking to colleagues collecting reports or looking at samples from homes or workplaces Liability If you or a loved one is diagnosed with an asbestosrelated illness You may be entitled to compensation Compensation can pay for lost wages medical costs and other costs associated with mesothelioma You can choose to start a lawsuit or offer a settlement to the defendants In asbestos cases there are usually multiple defendants as there are numerous mining companies that produce asbestos and manufacture products that contain asbestos These businesses may also own or have control of asbestoscontaminated properties Companies that offered services to asbestosusing mines manufacturers or acted in a position of employer could be held accountable for injuries suffered by victims Asbestos suits are typically governed by laws governing product liability that are based on common and state laws that permit damages to be recouped from the seller of a product when those products cause injury In a product liability suit it is claimed that the injuries occurred due to defective design or manufacturing and that the person injured wasnt adequately warned about the dangers associated with the products In asbestos cases defendants typically claim that they did not do anything in a negligent way and that their products were safe despite the fact that doctors have long recognized that asbestoscontaining products is linked to various illnesses Companies that hid asbestos dangers to increase profits were accused of coverup and they attempted to deny claims and block workers from claiming financial compensation for their injuries If more than one defendant is found to be responsible for the asbestosrelated injuries sustained by a victim a jury or judge can decide how to divide the responsibility between them in a process called apportionment The apportionment of liability does not alter the amount that the plaintiff may receive as compensation from the defendants in the case Damages A lawsuit against a company that made or sold asbestos could aid victims in recovering compensation This includes the expense of medical treatment for their condition as well as the loss of wages because of being unable to work Victims may also be eligible for compensatory and punitive damages The lawsuit alleges that the defendant acted negligently in that it failed to take reasonable care to ensure that the product was safe for the intended use The lawsuit also asserts that the defendant knew asbestos was a risk and failed to warn workers and consumers about the dangers A person who has been a victim or the estates of people who have died from asbestosrelated diseases such as mesothelioma can file an asbestos lawsuit A person can start a lawsuit claiming personal injury to claim compensation for financial and other damages that include emotional distress as well as pain and suffering and loss of enjoyment of the life Family members of those who have died due to an asbestosrelated illness may also bring a wrongful death lawsuit When an asbestosrelated case is filed and the parties exchange information in a process called discovery This process can last several months and could require interviews with family members coworkers members abatement workers and others in order to identify potential defendants It is essential that plaintiffs have an experienced lawyer handling their case because of the complexity of asbestos litigation The law firm that a victim or their family chooses should understand the unique complexities of asbestos litigation They should be acknowledged by insurance companies and defendants for their expertise The lawyers at LK are asbestos litigation experts with years of experience representing asbestos victims and their families We are known for our ability in obtaining the highest compensation for our clients Contact us for a free consultation should you have any questions about filing a lawsuit involving asbestos We are committed to fighting for justice on behalf of our clients Our offices are located in Salt Lake City Utah and Houston Texas clearwater asbestos lawsuit represent clients nationwide Contact us now to get started Settlements If asbestos victims prevail in their lawsuits they receive compensation from companies that knowingly exposed them to dangerous substances The money is intended to compensate the victim and their family members for the financial losses resulting from asbestos exposure Compensation can help cover the suffering and pain Asbestos cases are often settled instead of going to trial because it is easier and cheaper for defendant companies to resolve the matter in this manner Settlements also can help prevent the negative publicity that is associated with a verdict in a trial It is important to hire mesothelioma lawyers who have years of experience in obtaining maximum damages for their clients Mesothelioma lawsuits are complicated and require lawyers to conduct extensive research into their clients past work history medical records and asbestos exposure They can assist clients in identifying asbestosproducing firms that could be responsible for the condition Lawyers can then collect evidence and use it to build a strong mesothelioma lawsuit During pretrial discovery and depositions mesothelioma lawyers will uncover evidence of asbestos companies negligence Evidence typically comes in the form internal memos corporate documents and testimony of former employees who been exposed to asbestoscontaining materials In many instances the documents prove that asbestosproducing companies knew about the dangers of mesothelioma as well as other asbestosrelated ailments but did not disclose this information to their employees or the general public Many states have set a limit referred to a statute of limitations on how long asbestosrelated victims can make a claim These deadlines vary from state to state but typically range between one and two years If the statute of limitations expires prior to the time a lawsuit for mesothelioma has been filed victims will lose the right to compensation The amount of compensation a victim are entitled to is determined by the severity of their condition their diagnosis and other factors Attorneys consider treatment costs and other expenses when trying to make sure that patients have enough money to pay their medical bills Asbestos victims can also file claims using trust funds that were set up in order to compensate those whove been diagnosed with mesothelioma and other asbestosrelated diseases Some of these trusts have dwindled however others continue paying out substantial payouts In 2018 an appeals court in the US granted 70 million to the family of a US Navy machinist diagnosed with mesothelioma from working with gaskets made by John Crane Inc Trials Asbestos victims who attend trial have a greater chance of receiving compensation than those who accept the settlement offer Trials can resolve issues that are not resolved through settlement negotiations For instance there are differences in the calculation of damages and the possibility that a patients condition was caused by a particular exposure In a court of law plaintiffs have to prove that they are entitled damages including past and future medical expenses and lost wages damages to property as well as discomfort and pain and loss of consortium The defendant must also prove its responsibility for the asbestosrelated injury The trial can take a long time In the last 10 years mesotheliomarelated jury awards cases have risen significantly and have far outstripped the amount of money awarded to settlement cases by judges A mesothelioma lawyer can help victims understand how to proceed during the trial process and also explain their legal rights in an open courtroom A qualified attorney can also help to identify potential defendants Unlike car accident litigation which is usually easy to identify the individuals involved asbestos litigation are more complicated This is particularly true if someone has been exposed to asbestos in more than one location and at different times An experienced mesothelioma attorney can interview witnesses such as coworkers family members abatement workers relatives and suppliers to create an exhaustive database of employers as well as their products and locations The expense of settling asbestos claims eats up funds that could have been used to pay future cases Many claimants also believe that settlements dont reflect the actual damage and that they are entitled to a higher amount of compensation Defendants in asbestos cases can contest claims to dismiss them through summary judgment or a determination of no exposure However these motions require an exhaustive review of the evidence and an experts view that the measured doses of asbestos that plaintiffs received were insufficient to cause mesothelioma A mesothelioma attorney can help speed up the process and keep the case from becoming a part of the backlog in the courts