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Asbestos Litigation In the courts across the nation, asbestos litigation is a huge issue. Research has shown that exposure to asbestos can cause lung damage and illness. It is vital for an attorney to understand how to recognize asbestos-related products in each case. This can be accomplished by speaking to colleagues, obtaining reports, or looking at samples taken from home or workplaces. Liability If you or someone close to you is diagnosed with an asbestos-related disease You may be qualified for compensation. Compensation can pay for lost wages, medical costs and other expenses related to mesothelioma. You can file a lawsuit to seek compensation or make an offer of settlement from the defendants in the case. There are usually multiple defendants in an asbestos case because there are a variety of mining companies that made asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or acted in an employer capacity may also be accountable for the injuries sustained by victims. Asbestos lawsuits usually fall under the legal category of product liability law, which is based on common and state laws that permit damages to be awarded against manufacturers of products if the products cause injuries. In a suit for product liability, it is alleged the injuries occurred due to an ineffective design or fabrication, and that the person injured was not adequately informed about the risks associated with the products. In asbestos cases, defendants often argue that they did not act recklessly and that their products were safe, even though doctors have long recognized asbestos-containing products can lead to various illnesses. Companies that concealed asbestos risks to increase profits were accused of a cover-up, as they tried to thwart claims and stop workers from claiming financial compensation for their injuries. A judge or jury can decide how to allocate the responsibility among defendants when more than one defendant has been found responsible for an asbestos-related injury. This process is called the apportionment. The apportionment of liability does not alter the amount of money that the plaintiff may receive as compensation from the defendants in the case. Damages A lawsuit against a business that made or sold asbestos can help victims receive compensation. This includes the expense of medical treatment for their disease and the loss of wages due to inability to work. Victims can also receive compensation and punitive damages. The lawsuit asserts that the defendant acted negligently, meaning that it didn't take reasonable steps to ensure that the product was safe for its intended use. The lawsuit also alleges that the defendant knew that asbestos could be dangerous, but failed to inform consumers and workers about the dangers. An asbestos lawsuit may be filed by a person who has suffered the loss or the estate of a deceased person from an asbestos-related illness such as mesothelioma. An individual can bring a personal injury lawsuit to claim compensation for non-economic and economic damages, such as emotional suffering and loss of enjoyment of life, and suffering and pain. In addition, the survivors of a family members of a deceased person due to an asbestos-related illness may file a wrongful death lawsuit. When an asbestos lawsuit is filed, the parties exchange information via an process known as discovery. This may take a few months and may include extensive interviews with co-workers family members, abatement workers, relatives, and others to identify potential defendants and their asbestos-related products. Due to the complexity of asbestos litigation, it is crucial that plaintiffs get an experienced lawyer handle their case. The law firm a victim or their family chooses must be able to understand 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 with years of experience representing asbestos victims and their families. We are well-known for our skill in obtaining the highest compensation for our clients. Contact us today for a no-obligation consultation if you have any questions about filing a lawsuit involving asbestos. We are dedicated to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Call or email us today to begin. Settlements If asbestos victims prevail in their lawsuits, they are awarded compensation for the companies who exposed them to hazardous substances. The money is meant to compensate the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can help cover the suffering and pain. Asbestos cases are often settled rather than go to trial because it is less expensive and easier for defendants to settle the case in this way. Settlements also avoid negative publicity that may come with a verdict at trial. It is crucial to select an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients. Mesothelioma lawsuits are complex and require attorneys to conduct extensive research into their client's work history, medical records and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be responsible for their illness. Lawyers can then gather evidence and use it in an effective mesothelioma case. During pre-trial discovery and depositions mesothelioma lawyers are able to uncover evidence of asbestos companies negligence. The evidence usually is in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. These documents often reveal that asbestos producers knew about the dangers of mesothelioma and other asbestos-related illnesses however, they didn't tell their workers or the general public. Many states set time limitations, called statutes of limitations on the time asbestos victims have to file a lawsuit. The length of time varies by state, but generally range from one to two years. If the statute of limitations expires before a mesothelioma suit is filed, the victims lose their rights to a fair settlement. birmingham asbestos law firm will receive is contingent upon the diagnosis of their asbestos-related disease as well as how serious their condition is, and other aspects. Attorneys look at treatment costs and other costs when they negotiate to ensure that patients receive enough money to cover their medical bills. Asbestos sufferers may also be able to claim through trust funds created for those diagnosed with mesothelioma and other asbestos-related diseases. Certain trusts have been closed, but others continue to award substantial prizes. For instance, in 2018 an appeals court in the United States awarded $70 million to the family of the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets manufactured by John Crane Inc. Trials Trials are a better option for asbestos victims than settlement offers. Trials can also help in resolving issues that aren't resolved through settlement negotiations, like differences in how to calculate damages and whether the patient's condition was caused by exposures specific to the victim. In a trial plaintiffs must demonstrate that they are entitled to damages, such as past and future medical expenses, loss of wages, property damage and pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial can take a long time. In the last decade, jury awards for mesothelioma have increased significantly and have substantially exceeded the amount granted by judges in settlement cases. A mesothelioma lawyer can help patients understand how to proceed during the trial process and explain their rights under the law in an open courtroom. A qualified lawyer can also help to identify potential defendants. In contrast to car accident litigation where it is typically easy to identify the parties involved, asbestos cases can be more complex. This is particularly true when a person was exposed to more than one type of asbestos in various locations. An experienced mesothelioma attorney is able to interview witnesses, such as coworkers family members, abatement workers, relatives and suppliers to create an exhaustive list of companies as well as the locations of their products and. The expense of settling asbestos claims eats up funds that could have been used to fund future cases. Some claimants also believe that settlements don't reflect actual injuries and they are entitled to a higher amount of compensation. Defendants can fight to dismiss asbestos claims with summary judgment or a finding that there was no exposure. However these motions require a thorough review of the evidence and an expert opinion that the measured doses of asbestos the plaintiff took were insufficient to cause mesothelioma. Although the process can be lengthy, a knowledgeable mesothelioma lawyer could help to speed up the process and ensure that it doesn't become part of the lengthy backlog of cases in courts.