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Asbestos Litigation A substantial amount of asbestos-related litigation has been dealt with in courts across the nation. Research has proven that asbestos exposure can cause lung damage and illness. An attorney should be able recognize asbestos in every case. This can be done by talking with co-workers in the office, collecting records, and studying samples from home or work sites. Liability You could be eligible for compensation if you or someone you love is diagnosed with a health condition that is linked to asbestos. Compensation can assist with the loss of wages medical expenses, as well as other costs that are associated with mesothelioma or an asbestos-related disease. You can choose to file a lawsuit or offer an agreement to the defendants. There are usually several defendants in an asbestos-related case because there are many mining companies that made asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, clearwater asbestos attorneys who offered services to mines or manufacturers who used asbestos or who were employers could be held accountable for the victims' injuries. Asbestos-related lawsuits are often categorized under the legal category of product liability law which is based on common and state laws that allow damages to be recovered against manufacturers of products if the products cause injuries. In a product liability suit it is claimed that injuries were caused by faulty design or mismanufacture and that the injured person was not adequately warned of the dangers associated with products. In asbestos cases, defendants usually claim that they were not negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products can lead to a wide range of ailments. Furthermore, companies that concealed the risks of asbestos to boost profits have been accused of attempting to cover up by attempting to suppress claims and trying to stop workers from seeking compensation for their injuries. A jury or judge may decide how to distribute the responsibility among defendants when more than one defendant has been blamed for an asbestos-related injury. This process is called apportionment. The apportionment will not affect the amount of compensation that the plaintiff may receive from the defendants. Damages A lawsuit against a company which manufactured or sold asbestos can assist victims to recover compensation. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims may also receive compensation and punitive damages. The lawsuit alleges that the defendant acted with negligence in that it failed to take reasonable precautions to ensure that the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos could be dangerous and failed warn workers and consumers about this risk. An asbestos-related lawsuit can be filed by a victim or the estate of a person who died from an asbestos-related disease such as mesothelioma. A person may make a personal injury claim to claim compensation for economic and non-economic damages, such as emotional suffering and loss of enjoyment of life, and suffering and pain. In addition, the surviving family members of a person who died from an asbestos-related disease may file a wrongful death lawsuit. After an asbestos case is filed, both sides exchange information in the process of discovery. This process can last several months and may involve interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants. It is important for plaintiffs to have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm that a victim, or their family, chooses must comprehend the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for its expertise. The attorneys at LK's are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are well-known for our expertise in obtaining the highest compensation for clients. Contact us for a no-obligation consultation If you have any concerns about filing a lawsuit against asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients throughout the country. Call or email us today to begin. Settlements If asbestos victims prevail in their lawsuits, they are awarded compensation from the companies who knowingly exposed them to dangerous substances. The money is intended to provide the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also cover the cost of suffering and pain. Asbestos cases often settle instead of going to trial, as it is easier and cheaper for defendants to settle the matter this way. Settlements also reduce the negative publicity that may come with a verdict at trial. It is crucial to select a mesothelioma lawyer who has experience in obtaining maximum damages on behalf of their clients. Mesothelioma lawsuits can be complex and require attorneys to conduct extensive investigations into their client's employment history as well as medical records, and asbestos exposure. They can assist clients in identifying asbestos-producing companies that could be responsible for the condition. Lawyers can then gather evidence to use in a strong mesothelioma case. In the course of pre-trial discovery and depositions mesothelioma lawyers will discover evidence of asbestos companies negligence. Evidence typically comes from internal memos, corporate documents and testimony from former employees who have worked with asbestos-containing products. These documents often show that asbestos producers knew about mesothelioma's risks, and other asbestos-related diseases but did not inform their employees or the general public. Many states have set a limit, referred to a statute of limitations for the length of time asbestos victims can sue. These time periods vary by state, but typically vary from one to two years. If the statute of limitations expires before a lawsuit for mesothelioma is filed victims will lose the right to receive compensation. The amount of money that victims can receive depends on their asbestos-disease diagnosis and how severe their condition is, as well as other aspects. Attorneys consider the cost of treatment and other costs when negotiations to ensure that patients have enough money to cover medical expenses. Asbestos victims may also file claims using trust funds, which were created in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related ailments. Some of these trusts have been exhausted, but others continue to pay out significant awards. In 2018 an appeals court in the U.S. granted $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets produced by John Crane Inc. Trials Trials are the better option for asbestos victims than settlement offers. Trials can solve issues that aren't resolvable through settlement negotiations. For example, there could be differences in the calculation of damages and whether the condition of a victim is due to a specific exposure. In a trial the plaintiffs must prove that they are entitled to compensation, such as future and past medical expenses such as lost wages, property damage as well as pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process can be lengthy. In the last 10 years mesothelioma cases, jury awards have increased significantly and have much exceeded the amount that is awarded by judges in settlement cases. An attorney for mesothelioma can help victims understand the trial process and explain their legal right in an open courtroom. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases can be more complex than car accident litigation, where it is usually simple to identify the responsible parties. This is especially true if a person was exposed to more than one kind of asbestos and in various locations. A mesothelioma lawyer with experience can interview witnesses such as co-workers family members, abatement workers, relatives and suppliers to create an extensive list of companies as well as their products and locations. There is a growing concern the cost of settling claims of asbestos victims from the past is consuming funds which could be used to fund future cases. Many claimants also believe that settlements do not reflect actual injuries, and they are entitled to more compensation. The defendants can seek to dismiss asbestos claims using summary judgment or a finding that there was not an exposure. These motions, however, require an extensive examination of evidence and an expert's opinion on whether the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma lawyer can help speed up the process and avoid the case from becoming a part of the backlog in the courts.