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Asbestos Litigation A substantial amount of asbestos cases have been handled in courts across the nation Studies have proven that exposure to asbestos can cause lung damage and illness An attorney should be able identify asbestos in every case This can be accomplished by speaking with colleagues in the office collecting records and analyzing samples from homes or work sites Liability You may be entitled to compensation if you or someone you love is diagnosed with a disease that is related to asbestos Compensation can assist with the loss of wages medical expenses as well as other costs that are associated with mesothelioma or an asbestosrelated illness You can start a lawsuit to claim compensation or make an offer to settle the case with the defendants in the case There are usually multiple defendants in asbestos cases because there are many mining companies that made asbestos as well as manufacturers of products that contain asbestos These businesses may also own or have control of asbestoscontaminated properties Companies that provided services to asbestosusing mines or manufacturers or as employers may also be accountable for the injuries of victims Asbestos lawsuits often fall under the legal category of product liability law which is based on state and common laws that permit damages to be recovered against the sellers of products when those products cause injury to In a particular case in a product liability lawsuit it is alleged that the injuries were caused by a mismanufacture or a design defect and that the person who suffered injury was not properly warned of the risks that came with using the products In asbestos cases defendants frequently claim that they were not negligent and that their products are safe This is despite the fact that doctors have known for years that asbestoscontaining products are linked to a range of illnesses Companies that concealed asbestos risks to increase profits were accused of coverup and they attempted to block claims and keep workers from claiming financial compensation for injuries they sustained If duluth asbestos law firm than one defendant is found to be responsible for asbestosrelated injuries suffered by a victim a jury or judge could decide on how to divide the blame between them in a process known as the apportionment The apportionment does not affect the total amount that a plaintiff can receive in compensation from the defendants in the case Damages A lawsuit against a business that made or sold asbestos could help victims receive compensation This includes the cost of medical treatments for their disease and lost wages due to inability to work Victims could also be awarded compensatory and punitive damages The lawsuit claims that the defendant acted negligently in that it failed to exercise reasonable care to ensure the product was safe for the intended use It also is alleged that the defendant knew asbestos was dangerous but failed to warn 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 such as mesothelioma are able to bring an asbestos lawsuit A person may bring a personal injury lawsuit to claim compensation for noneconomic and economic damages including emotional stress and suffering loss of enjoyment life and suffering and pain Family members of someone who died due to an asbestosrelated condition can bring a wrongful death lawsuit After an asbestos case has been initiated the parties exchange information in the process of discovery This process may take several months and may require interviews with family members coworkers members abatement workers and others to identify potential defendants Due to the complexity of asbestos litigation it is imperative that plaintiffs get an experienced lawyer handling their case The law firm a victim or their family selects should have an understanding of the unique complexities of asbestos litigation and be acknowledged by insurance companies and defendants for its expertise in asbestos cases Our lawyers have years of experience in representing victims and their families in asbestos lawsuits We are renowned for our success in obtaining maximum compensation for our clients If you have questions about filing an asbestos lawsuit call us for a nocost consultation We are dedicated to fighting for justice that is in the best interest of our clients Our offices are in Salt Lake City Utah and Houston Texas We represent clients across the country Call or email us today to get started Settlements If asbestos victims prevail in their lawsuits they get compensation from companies that knowingly exposed them to dangerous substances The money is intended to assist the family of the victim with financial losses resulting from the asbestos exposure Compensation can be used to cover the suffering and pain Asbestos lawsuits are often settled rather than going to trial This is due to the fact that its more affordable and easier for the defendant companies to settle the case this way Settlements can also prevent the negative publicity that comes with a verdict at trial It is essential to choose mesothelioma attorneys who have experience in obtaining maximum damages for their clients Mesothelioma lawsuits are complex and require lawyers to conduct extensive investigations into their clients work history medical records and asbestos exposure They can assist clients in identifying asbestosproducing firms that could be the cause of the disease The lawyers can then collect evidence to use in a mesothelioma lawsuit that is strong Mesothelioma lawyers can uncover evidence that asbestos companies were negligent in depositions and discovery Evidence typically comes in the form internal memos corporate documents and the testimony of former employees who worked with asbestoscontaining materials These documents usually show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestosrelated diseases however they didnt tell their workers or the general public Many states have imposed a time limit referred to a statute of limitations for how long asbestos victims are allowed to bring a lawsuit These time periods vary from statetostate however they are usually between one and two years If the statute of limitations expires before a mesothelioma case is filed the victims lose their right to a fair settlement The amount of money that patients can receive is contingent on the diagnosis of their asbestosrelated disease and how severe their condition is as well as other factors Attorneys consider treatment costs and other costs when trying to make sure that patients receive enough funds to pay their medical bills Asbestos victims might also be able to file claims through trust funds established to help those diagnosed with mesothelioma and other asbestosrelated diseases Certain trusts have dwindled however others continue to pay out large awards In 2018 an appeals court in the US granted 70 million to the family of a US Navy machinist diagnosed mesothelioma as a result of working with gaskets produced by John Crane Inc Trials Asbestos victims who go to trial have a better chance of receiving compensation than those who accept a settlement offer Trials can also help resolve issues that arent resolved through settlement negotiations such as the different methods of calculating damages and whether the patients condition resulted from specific exposures In a trial the plaintiffs must prove that they have the right to damages which include future and past medical expenses loss of earnings property damage or loss of enjoyment and loss of consortium The defendant must also prove its liability for the asbestosrelated injury The trial process can be lengthy In the past decade jury awards in mesothelioma cases have risen dramatically and far exceeded the amount that is awarded to settlement cases by judges A mesothelioma lawyer can assist victims understand the steps to take in the trial procedure and will explain their legal rights in a courtroom with an open door A qualified lawyer can also assist in identifying potential defendants In contrast to car accident litigation where its usually easy to identify the responsible individuals involved asbestos litigation are more complicated This is particularly true if a person has been exposed to asbestos in more than one location and at different times A mesothelioma lawyer with experience can interview witnesses such as coworkers and 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 cost of settling claims of asbestos victims from the past is draining funds which could be used to fund future cases Some claimants also believe that settlements do not reflect actual injuries and they should be compensated more Defendants in asbestos cases can argue for dismissal of claims through summary judgment or a finding of no exposure However these motions require an indepth review of the evidence and an expert opinion that the doses measured of asbestos the plaintiff received were insufficient to cause mesothelioma While the process could take a while a seasoned mesothelioma lawyer could help to accelerate the case and make sure that it doesnt become part of the lengthy backlog of cases in courts