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Asbestos Litigation A large amount of asbestos-related cases have been handled in courts across the nation. Studies have proven that exposure to asbestos can cause lung damage and cause disease. It is vital for attorneys to know how to identify asbestos products in every case. This can be done by talking to co-workers, getting records, or analyzing samples from homes or workplaces. Liability If you or someone close to you is diagnosed with an asbestos-related illness you could be entitled to compensation. Compensation can assist with the loss of wages and medical expenses as well as other expenses associated with mesothelioma or another asbestos-related disease. You can start a lawsuit to claim compensation or make an offer of settlement to the defendants in the case. There are usually several defendants in an asbestos-related case due to the numerous mining companies that produce asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or acted in a position of employer could also be held responsible for injuries sustained by victims. Asbestos suits often fall under product liability laws which are based on state and common laws that permit damages to be recouped from sellers of goods when the products cause injuries. In a suit for product liability it is claimed that injuries resulted from the design defect or manufacturing error and that the person who was injured was not adequately warned of the dangers associated with products. In asbestos cases, defendants typically argue that they did not do anything in a negligent way and that their products are safe, despite the fact that doctors have long recognized the use of asbestos-containing items is linked to various illnesses. Companies who concealed asbestos-related risks to increase profits were accused of a cover-up, as they tried to block claims and keep workers from seeking an amount of compensation for their injuries. A jury or judge may decide how to divide responsibility between defendants if more than one defendant is identified as being responsible for an asbestos-related injury. This is known as allocation. The apportionment does not alter the amount of compensation that plaintiffs can receive from the defendants. Damages A lawsuit filed against a company that manufactured or sold asbestos-related products could help victims receive compensation for their losses. This includes the costs of medical treatment for their condition and the loss of wages because of being unable to work. Victims may also be eligible for compensatory and punitive damages. The lawsuit asserts that the defendant acted negligently. This means that it failed to take reasonable steps to ensure that the product was safe for its intended use. fullerton asbestos lawsuit claims that the defendant knew asbestos could be dangerous, but failed to warn workers and consumers about the risk. A person who has been a victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma may bring an asbestos lawsuit. A person may make a claim for personal injury to claim compensation for other and economic damages like emotional distress as well as pain and suffering and loss of enjoyment of the life. Family members of those who have died due to an asbestos-related illness may also bring a wrongful death lawsuit. After an asbestos case is filed the parties exchange information in the process known as discovery. This can last several months and may include extensive interviews with colleagues family members, abatement workers, relatives and others to discover potential defendants and their asbestos-related products. It is important for plaintiffs to have an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm the victim, or their family, chooses must understand the unique complexities of asbestos litigation. They should be recognized by insurance companies and defendants for its expertise. The attorneys at LK's are asbestos litigation experts with decades of experience representing asbestos victims and their families. We are known for our ability to get maximum compensation for our clients. If you have questions about filing an asbestos lawsuit, call 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 country. Call or email us today to begin. Settlements If asbestos victims win their cases, they receive compensation for the companies that exposed them substances. The money is meant to compensate the victim as well as his or her family for financial losses caused by asbestos exposure. Compensation can also cover pain and suffering. Asbestos cases are usually settled rather than going to trial. This is because it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also help avoid negative publicity that comes from a trial verdict. It is essential to choose an experienced mesothelioma law firm with experience in obtaining maximum damages for their clients. Mesothelioma lawsuits are complicated and require lawyers to conduct extensive research on their client's work history, medical records and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be the cause of their illness. Lawyers are able to gather evidence and use it to build a strong mesothelioma lawsuit. Mesothelioma lawyers can uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence typically comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. In many cases these documents, it is clear that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related diseases but did not disclose the information to their employees or the public. A number of states have time limits known as statutes of limitations, on how long asbestos victims have to bring a lawsuit. The durations vary by state, but usually range between one and two years. If the statute of limitations expires before a suit for mesothelioma can be filed, victims will lose the right to receive compensation. The amount of money victims can receive is based on the severity of their illness the diagnosis, as well as other factors. Attorneys take into account treatment costs and other expenses when negotiations to ensure that patients receive enough funds to pay for medical expenses. Asbestos-related victims can also file claims using trust funds, which were created to compensate people who have been diagnosed with mesothelioma or other asbestos-related diseases. Some of these trusts have been depleted, but others continue to award substantial awards. For instance, in 2018 an appeals court in the United States awarded $70 million to the family of an U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets made by John Crane Inc. Trials Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can also help to resolve problems that cannot be resolved through settlement negotiations, including differences in the method of calculating damages and whether the victim's condition resulted from specific exposures. In a court of law, plaintiffs need to prove they are entitled to damages including past and future medical expenses as well as lost wages, damage to property, pain and discomfort, and loss of consortium. In addition, the defendant must demonstrate that it is responsible for the asbestos-related injuries. The trial process is typically lengthy. In the past decade mesothelioma cases, jury awards have risen dramatically and have far exceeded the amount awarded by judges in settlement cases. A mesothelioma lawyer can assist victims understand how to proceed in the trial process and also explain their rights under the law in an open courtroom. A qualified lawyer can also assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to determine the responsible individuals involved, asbestos litigation are more complicated. This is especially the case when someone was exposed more than one type of asbestos at multiple locations. A mesothelioma lawyer with experience can speak with witnesses like co-workers family members, abatement workers, relatives and suppliers to compile an exhaustive database of the companies products, locations and other information. The expense of settling asbestos claims eats away funds that could be used to pay future cases. In addition, some claimants think that settlements aren't based on actual injuries and should be compensated more. Defendants in asbestos cases can fight to have claims dismissed through summary judgment or a determination of no exposure. However the motions must be based on an in-depth review of the evidence and an expert's opinion that the doses of asbestos that the plaintiff was exposed to did not cause mesothelioma. A mesothelioma lawyer can help speed up the process and avoid the case from becoming a backlog in the courts.