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Asbestos Litigation In courts all over the country asbestos litigation has been a significant issue Research has shown that exposure to asbestos can cause lung damage and cause disease It is vital for an attorney to understand how to spot asbestos products in every case This can be accomplished by talking to colleagues collecting documents or by analyzing samples taken from home or workplaces Liability If you or someone close to you is diagnosed with an asbestosrelated illness you may be eligible for compensation Compensation can pay for the loss of wages medical expenses and other expenses related to mesothelioma You can either bring a lawsuit or offer an agreement to the defendants There are typically multiple defendants in a case involving asbestos because there are a variety of mining companies that produce asbestos and manufacturers of the products that contained asbestos These businesses may also own or have control of asbestoscontaminated properties Companies that offered services to asbestosusing mines manufacturers or in an employer capacity could also be liable for injuries sustained by victims Asbestos lawsuits often fall under the legal category of law governing product liability which is built on state and common laws that allow damages to be recouped from the sellers of products when those products cause injuries In a suit for product liability it is claimed that the injuries resulted from the design defect or manufacturing error and that the injured person was not adequately warned of the dangers of the products Defendants in asbestos cases often claim that they didnt act recklessly and that their products are safe even though doctors have long recognized that the use of asbestoscontaining products can cause different diseases Companies that hid asbestos risks to make profits were accused of a coverup and they attempted to suppress claims and prevent workers from seeking financial compensation for their injuries A jury or judge can decide on how to split the burden of responsibility between defendants if more than one defendant is found responsible for an asbestosrelated injury This process is referred to as the apportionment The apportionment does not affect the total amount of money a plaintiff may receive as compensation from the defendants in the case Damages A lawsuit against a business that produced or sold asbestos can assist victims to recover compensation This includes the cost for medical treatment and lost wages because of being unable to perform their job Victims could also be awarded punitive and compensatory damages The lawsuit alleges that the defendant was negligent meaning that it didnt take reasonable steps to ensure that the product was safe for the intended use It is also claimed that the defendant knew that asbestos was a risk and failed to inform consumers and workers of this risk An asbestosrelated lawsuit can be filed by a victim or the estate of a deceased person from an asbestosrelated illness such as mesothelioma A person may start a lawsuit claiming personal injury to claim compensation for damages arising from economic or other causes like emotional distress as well as pain and suffering and loss of enjoyment of the life Family members who have survived those who have died due to an asbestosrelated disease can bring a wrongful death lawsuit Once an asbestos case is filed the two parties exchange information in an process known as discovery This may take a few months and could require extensive interviews with colleagues or relatives abatement employees and others to determine potential defendants and asbestosrelated products Due to the complex nature of asbestos litigation it is essential that plaintiffs hire an experienced lawyer to handle their case The law firm a victim or their family chooses be aware of the unique complexities of asbestos litigation and should be recognized by insurers and defendants for its expertise in asbestos cases The lawyers at LK are asbestos litigation experts with decades of experience representing asbestos victims and their families We are known for our ability to get the most compensation possible for clients Contact us today for a noobligation consultation if you have any questions about bringing a lawsuit against asbestos We are dedicated 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 from all over the country Contact us via email or phone now to get started Settlements If asbestos victims prevail in their lawsuits they are awarded compensation from the companies which exposed them to harmful substances The money is intended to pay the victim and their family members for financial losses caused by asbestos exposure Compensation can also help with pain and suffering Asbestos cases are typically settled rather than going to trial This is due to the fact that its less expensive and easier for the defendant companies to settle the case in this manner Settlements also reduce the negative publicity that could be associated with a verdict at trial It is crucial to find mesothelioma lawyers who have experience in obtaining maximum damages on behalf of their clients Mesothelioma cases are incredibly complex and attorneys must conduct extensive research about their clients medical records work history and asbestos exposure They can assist clients in identifying possible asbestosproducing companies that could be the cause for their condition Lawyers are able to gather evidence and use it to create an effective mesothelioma suit Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during discovery and depositions Evidence typically comes in the form of internal memos corporate documentation and testimony from former employees who have worked with asbestoscontaining materials joliet asbestos attorney show that asbestos producers were aware of the dangers of mesothelioma and other asbestosrelated diseases but didnt tell their employees or the general public There are many states that set time limits known as statutes of limitations that define how long an asbestos victim has to start a lawsuit These deadlines vary from state to state however they are usually between one and two years If the statute of limitations expires before a case for mesothelioma is filed the victim will lose their right to compensation The amount victims will receive is contingent upon the diagnosis of their asbestosrelated disease the severity of their condition is and other factors Attorneys will consider the cost of treatment and other costs when they negotiate to ensure that patients have enough money to pay for their medical bills Asbestos victims might also be able to claim through trust funds that have been established for those who have been diagnosed with mesothelioma or other asbestosrelated illnesses Some of these trusts are exhausted but others continue to pay out significant awards In 2018 a federal court granted 70 million to the family of an US Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc Trials Asbestos victims who attend trial have a much better chance of receiving compensation than those who accept the settlement offer Trials can resolve issues that arent resolved through settlement negotiations For instance there are differences in the calculation of damages and whether a victims condition is caused by an exposure In a court of law plaintiffs need to prove they are entitled damages including future and past medical costs loss of wages damages to property pain and discomfort and loss in consortium The defendant must also prove its responsibility for the asbestosrelated injuries The process of trial is usually lengthy In the past decade mesothelioma cases jury awards have increased dramatically and much exceeded the amount that is awarded by judges in settlement cases A mesothelioma attorney can help victims understand the trial process and can explain their legal rights in an open courtroom A lawyer with experience can also help to identify potential defendants Contrary to litigation involving car accidents which is usually easy to identify the individuals involved asbestos litigation can be more complex This is especially true when the victim was exposed to more than one kind of asbestos and in multiple locations An experienced mesothelioma attorney can interview witnesses such as coworkers relatives abatement workers and suppliers to compile a comprehensive database of employers as well as the locations of their products and There is a growing concern the expense of settling claims of asbestos victims who have been in the past is consuming funds that could be used to pay for future cases Some claimants are also of the opinion that settlements dont reflect the actual damage and that they are entitled to a higher amount of compensation Plaintiffs can challenge dismissal of asbestos claims by obtaining summary judgment or a finding that there was not an exposure These motions require a thorough examination of the evidence and an experts opinion on whether the doses of asbestos measured by the plaintiff were not enough to cause mesothelioma An attorney for mesothelioma can help speed up the process and prevent the case from becoming part of the backlog in the courts