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Asbestos Litigation In the courts across the nation asbestos litigation has been a significant issue Asbestos exposure has been proven to cause lung diseases and damage by research An attorney must be able identify asbestos in each case This can be done through talking to colleagues collecting documents or by analyzing samples taken from home or workplaces Liability If you or a loved one is diagnosed with an asbestosrelated illness You may be eligible for compensation Compensation can cover lost wages medical costs and other expenses associated with mesothelioma or another asbestosrelated disease You can choose to file a lawsuit or offer an offer of settlement to the defendants There are usually many defendants in an asbestosrelated case because there are a variety of mining companies that produce asbestos and manufacturers of the products that contain asbestos These businesses may also own or have control of asbestoscontaminated properties Companies that provide services to asbestosusing mines or manufacturers or as employers could be held accountable for the injuries of victims Asbestos lawsuits often fall under the legal category of law governing product liability which is based on common and state laws that permit damages to be awarded against manufacturers of products if the products cause injuries Specifically in a product liability lawsuit its claimed that the injuries were caused by mismanufacture or defective design and that the injured party was not properly warned of the dangers associated with using the products In asbestos cases defendants often assert that they were not negligent and that their products are safe This is in spite of the fact that doctors have known for a long time that asbestoscontaining products can lead to a wide range of ailments Moreover companies that hid asbestoss dangers to boost profits have been accused of engaging in a coverup in attempting to block claims and trying to block workers from seeking financial compensation for their injuries A jury or judge can decide how to distribute the burden of responsibility between defendants if more than one defendant is found responsible for an asbestosrelated injury This process is referred to as apportionment The apportionment of liability will not affect the total amount of money that the plaintiff can receive in compensation from the defendants in the case Damages A lawsuit filed against a company who manufactured or sold asbestosrelated products can help victims recover compensation for the losses they suffered This includes the cost for medical treatment and lost wages because of being unable to do their job Victims could also be awarded compensation and punitive damages The lawsuit asserts that the defendant was negligent meaning that it did not take reasonable steps to ensure the product was safe for its intended use It is also claimed that the defendant knew asbestos was a danger and did not inform consumers and workers of this risk An asbestos lawsuit can be filed by a victim or the estate of a person who passed away from an asbestosrelated illness like mesothelioma A person may bring a personal injury lawsuit to seek compensation for economic and noneconomic damages including emotional distress and loss of enjoyment of life as well as pain and suffering Family members of someone who has passed away due to an asbestosrelated illness can also pursue a wrongfuldeath lawsuit After an asbestos case is filed and a settlement is reached both sides communicate information through a process called discovery This process may take several months and may involve interviews with coworkers family members abatement workers and others in order to identify potential defendants It is crucial that plaintiffs have an experienced attorney to handle their case due of the complex nature of asbestos litigation The law firm a victim or their family chooses have an understanding of the unique complexities of asbestos litigation and be recognized by defendants and insurance companies for its experience in these cases Our lawyers have years of experience in representing victims and their families in asbestos lawsuits We are known for our ability to secure maximum compensation for our clients Contact us for a noobligation consultation if you have any questions about bringing a lawsuit against asbestos 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 all over the country Contact us today to begin Settlements When asbestos victims win their lawsuits they get compensation from the companies who knowingly exposed them to hazardous substances The money is intended to provide the victim and his or her family for financial losses caused by asbestos exposure Compensation may also cover the cost of suffering and pain Asbestos cases are usually settled instead of going to trial This is due to the fact that its easier and cheaper for the defendant companies to settle the case this way Settlements can also help avoid the negative publicity that is associated when a jury verdict is handed down It is important to hire mesothelioma attorneys who have expertise in obtaining the highest amount of damages on behalf of their clients Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct extensive investigations into their clients work history as well as medical records and asbestos exposure They can help clients identify potential asbestosproducing companies that could be the cause of their condition Lawyers are able to gather evidence and use it in the preparation of a solid mesothelioma lawsuit Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during discovery and depositions Evidence usually comes in the form internal memos corporate documents and testimony from former employees who have worked with asbestoscontaining products In many instances documents they show that asbestos producers knew about the dangers of mesothelioma and other asbestosrelated illnesses but did not divulge this information to their employees or to the general public Many states set time limitations also known as statutes or limitations which determine how long an asbestos victim can make a claim The durations vary by state but usually vary between one and two years If the statute of limitation expires before a case for mesothelioma is filed victims will lose the right to compensation The amount victims will receive is contingent upon the asbestosrelated diagnosis they receive as well as how serious their condition is as well as other aspects Attorneys will consider the cost of treatment and other expenses when negotiating to ensure that patients receive enough money to pay their medical bills Asbestos victims might also be able to claim through trust funds created for patients diagnosed with mesothelioma asbestosrelated illnesses Some of these trusts have been wiped out but others continue paying out substantial awards For instance in the year 2018 an appeals court in the United States awarded 70 million to the family of an US 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 in resolving issues that cannot be resolved through settlement negotiations like the various ways to calculate damages and if the victims condition resulted from specific exposures In a court of law plaintiffs will need to prove they are entitled damages including future and past medical costs loss of wages damages to property pain and discomfort and loss of consortium The defendant must also prove its liability for the asbestosrelated injuries The trial can take a long time Over the past 10 years jury awards in mesothelioma cases have risen significantly and are far more than the amount awarded to settlement cases by judges A mesothelioma lawyer can assist victims understand the trial process and explain their legal right in a courtroom that is open to the public A knowledgeable lawyer can also assist in identifying potential defendants Asbestos cases can be more complex than car accident litigation where it is typically easy to identify the parties responsible salem asbestos law firm is particularly true if the person has been exposed to asbestos in multiple locations and at different times An experienced mesothelioma lawyer can interview witnesses including relatives coworkers or abatement workers to compile a database of companies products and the locations The cost of resolving asbestos claims eats up funds which could have been used to fund future cases Additionally some claimants think that settlements arent founded on actual injuries and should be compensated more The defendants can seek to dismiss asbestos claims using summary judgment or a finding that there was not an exposure However these motions require an extensive review of evidence and a professional opinion that the doses of asbestos the plaintiff received were not sufficient to cause mesothelioma While the process may take time a qualified mesothelioma lawyer can assist to accelerate the process and make sure that it doesnt be added to the long queue of cases that are awaiting the courts