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Asbestos Litigation In the courts across the country asbestos litigation is a huge issue Research has shown that asbestos exposure can cause lung damage and illness It is crucial for an attorney to know how to identify asbestosrelated materials in each case This can be accomplished by discussing with colleagues obtaining documents or by analyzing samples from homes or workplaces Liability If you or a loved one is diagnosed with an asbestosrelated condition you may be entitled to compensation Compensation can assist with the loss of wages medical costs and other costs related to mesothelioma and other asbestosrelated illness You can file a lawsuit or offer an offer of settlement to the defendants In asbestos cases there are usually multiple defendants as there are a variety of mining companies that manufacture asbestos and also manufacture products that contain asbestos These businesses may also own or have control of asbestoscontaminated properties In addition companies that provided services to mines or manufacturers who used asbestos or who acted as employers could be held responsible for injuries sustained by victims Asbestos lawsuits typically fall into the legal category of product liability law which is built on state and common laws that allow damages to be recovered against producers of products if those products cause injury to In a product liability suit it is claimed that injuries occurred due to an ineffective design or fabrication and that the person injured was not adequately warned of the dangers of the products The defendants in asbestos cases typically argue that they did not act in a negligent way and that their products were safe even though doctors have long acknowledged that asbestoscontaining products is linked to various illnesses Companies that hid asbestos risks to boost profits were accused of a coverup as they tried to block claims and keep workers from seeking financial compensation for injuries they sustained A jury or judge may decide how to distribute the blame between defendants in cases where more than one defendant has been blamed for an asbestosrelated injury This is known as apportionment The apportionment does not alter the amount that the plaintiff could receive as compensation from the defendants in the case Damages A lawsuit filed against a company who manufactured or sold asbestosrelated products could help victims receive compensation for their losses This includes the cost of medical treatment and lost wages because of being unable their job Victims may also be eligible for compensation and punitive damages The lawsuit asserts that the defendant acted negligently in that it failed to take reasonable precautions to ensure that the product was safe for the intended use It also is alleged that the defendant knew that asbestos was dangerous and failed to inform consumers and workers of the danger A person who has been a victim or the estates of those who have passed away from asbestosrelated diseases like mesothelioma are able to file an asbestos lawsuit A person can start a personal injury suit to claim compensation for noneconomic and economic damages such as emotional stress loss of enjoyment of life as well as suffering and pain Family members of someone who has died from an asbestosrelated illness can also pursue a wrongfuldeath lawsuit Once an asbestos case is initiated the parties exchange information in the process known as discovery This can last several months and may require extensive interviews with coworkers and relatives abatement workers and others in order to identify potential defendants as well as their asbestosrelated products Due to the complicated nature of asbestos litigation it is essential that plaintiffs choose a seasoned lawyer handle their case The law firm a victim or their family chooses to work with should be aware of the unique complexities of asbestos litigation and should be recognized by insurers and defendants for its expertise in asbestos cases LKs attorneys have years of experience representing victims and their families in asbestos lawsuits We are renowned for our success in obtaining the highest compensation for clients If suffolk asbestos law firm have any questions regarding filing an asbestos suit contact us for a free consultation We are committed to fighting for justice on behalf of our clients Our offices are located in Salt Lake City Utah and Houston Texas We represent clients across the nation Contact us now to begin Settlements If asbestos victims prevail in their lawsuits they receive compensation for the companies which exposed them to harmful substances This money is meant to help the victim and their family with financial losses resulting from the asbestos exposure Compensation can also cover the pain and suffering Asbestos cases are typically settled rather than going to trial This is due to the fact that it is more costeffective and easier for the defendant companies to settle the case this way Settlements can also avoid the negative publicity that comes with a verdict at trial It is crucial to select a mesothelioma lawyer who has years of experience in obtaining maximum damages for their clients Mesothelioma cases are extremely complex and lawyers must do extensive research on their clients medical records work history and asbestos exposure They can help clients identify asbestosproducing companies who may be responsible for the illness The lawyers can then collect evidence to use in a mesothelioma lawsuit that is strong Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and investigations The evidence usually is found in the form internal memos corporate documents and testimony from former employees who worked with asbestoscontaining substances In many instances documents they show that asbestosproducing companies knew about the dangers of mesothelioma as well as other asbestosrelated illnesses but didnt disclose this information to their employees or the public There are many states that set time limits known as statutes of limitations which determine how long asbestos victims have to bring a lawsuit These time periods vary between states but generally range between one and two years If the statute of limitations expires before a case for mesothelioma is filed the victims will lose their right to compensation The amount of compensation a victim are entitled to is determined by the severity of their condition the diagnosis as well as other factors Attorneys look at treatment costs and other costs when they negotiate to ensure that patients receive enough funds to pay their medical expenses Asbestosrelated victims can also file claims using trust funds that were set up to pay compensation to those who have been diagnosed with mesothelioma or other asbestosrelated illnesses Some of these trusts have been wiped out but others continue paying out substantial prizes For example in 2018 a federal jury awarded 70 million to the family of the family of a US Navy machinist who developed mesothelioma after working with gaskets manufactured by John Crane Inc Trials Asbestos victims 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 instance there are differences in the calculation of damages and the extent to which a persons condition is caused by a particular exposure In a court of law plaintiffs will need to prove they have a right to damages including past and future medical expenses and lost wages damages to property as well as pain and discomfort and loss in consortium In addition the defendant has to demonstrate that it is responsible for the asbestosrelated injury The trial can take a long time In the past decade mesothelioma juries awards have increased dramatically and much exceeded the amount that is awarded by judges in settlement cases A mesothelioma lawyer can help victims understand the steps to take in the court procedure and will 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 Contrary to litigation involving car accidents which is usually easy to identify the responsible individuals involved asbestos litigation can be more complicated This is especially true if a person was exposed to more than one kind of asbestos in various locations An experienced mesothelioma lawyer is able to interview witnesses such as relatives coworkers or asbestos workers to build a database of the companies products and locations There is a growing concern the cost of resolving claims from past asbestos victims has a negative impact on funds which could be used to fund future cases Furthermore some claimants believe that settlements are not founded on actual injuries and deserve more in compensation In asbestos cases defendants can contest claims to dismiss them by summary judgment or a finding of no exposure These motions are however subject to a thorough examination of the evidence as well as an experts opinion that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma While the process may take time a skilled mesothelioma lawyer can help accelerate the process and ensure that it does not become part of the aforementioned long backlog of cases in the courts