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Asbestos Litigation In the courts across the nation asbestos litigation has been a significant issue. Asbestos exposure has been shown to cause lung disease and damage by research. It is important for an attorney to understand how to identify asbestos-related materials in every case. This can be accomplished through conversations with coworkers or obtaining records, as well as taking samples from homes or work sites. Liability If you or someone close to you is diagnosed with an asbestos-related disease you may be entitled to compensation. troy asbestos attorney may cover the loss of wages, medical expenses and other costs associated with mesothelioma. You can start a lawsuit to claim compensation or an offer of settlement to the defendants in the case. There are typically several defendants in an asbestos-related case due to the numerous mining companies that produced asbestos and the manufacturers 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 or manufacturers or in an employer capacity could also be held responsible for injuries suffered by victims. Asbestos-related lawsuits are often categorized under the legal category of product liability law which is based on state and common laws that permit damages to be recouped from producers of products if those products cause injury to. In a lawsuit involving product liability, it is alleged the injuries resulted from 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 behave recklessly and that their products were safe, even though doctors have long recognized asbestos-containing products can lead to different diseases. In addition, companies who concealed the risks of asbestos to boost profits have been accused of engaging in a cover-up by attempting to suppress claims and by trying to prevent workers from seeking financial compensation for their injuries. If more than one defendant is found responsible for asbestos-related injuries suffered by a victim the judge or jury could decide how to split the burden of responsibility among them through a process known as the apportionment. The apportionment doesn't alter the amount of compensation the plaintiff is entitled to from the defendants. Damages A lawsuit filed against a company who manufactured or sold asbestos-related products could help victims obtain compensation for the losses they suffered. This includes the cost of medical treatment and lost wages as a result of being unable their job. Victims can also be awarded compensatory and punitive damages. The lawsuit alleges that the defendant acted negligently, meaning that it didn't take reasonable steps to ensure that the product was safe for its intended use. It also is alleged that the defendant knew asbestos was dangerous and failed to warn consumers and workers of the danger. The estates or victims of people who have died from asbestos-related illnesses like mesothelioma could bring an asbestos lawsuit. A person may file a lawsuit for personal injury to seek compensation for economic and other damages that include emotional distress, pain and suffering, and loss of enjoyment of the life of. In addition, the survivor family members of someone who passed away from an asbestos-related disease can make a claim for wrongful death. When an asbestos-related case is filed, both sides exchange information during the process of discovery. This process can last for a long time and could require lengthy interviews with coworkers, relatives, abatement workers and others in order to identify potential defendants and their asbestos-related products. It is important for plaintiffs to have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm a victim, or their family, selects should be able to be aware of the unique challenges of asbestos litigation. They should also be acknowledged by insurance companies and defendants for their expertise. The lawyers at LK have many years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our skill to obtain the maximum amount of compensation for our clients. If you have questions about filing an asbestos lawsuit, please 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 all over the nation. Call or email us today to begin. Settlements If asbestos victims prevail in their cases, they receive compensation from the companies which exposed them to harmful substances. The money is intended to help the victim's family and friends in the event of financial losses due to the asbestos exposure. Compensation can help cover the suffering and pain. Asbestos cases tend to settle instead of going to trial, because it is easier and cheaper for defendant companies to resolve the matter this way. Settlements also reduce the negative publicity that could be associated with a verdict at trial. It is essential to choose mesothelioma lawyers who have expertise in obtaining the highest amount of damages on behalf of their clients. Mesothelioma lawsuits are complicated and require attorneys to conduct thorough research on their client's employment history, medical records and asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the illness. The lawyers can then collect evidence and use it in a mesothelioma-related case that is a solid one. Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during discovery and depositions. The evidence typically is found in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing products. These documents typically show that asbestos producers knew about mesothelioma's dangers, and other asbestos-related illnesses however they didn't inform their employees or the general public. Many states have imposed a time limit, known as a statute of limitations, for how long asbestos victims are allowed to bring a lawsuit. The durations vary by state, but they typically vary between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their rights to receive compensation. The amount of compensation that victims can receive is based on the severity of their condition, their diagnosis and other factors. Attorneys take into account the cost of treatment and other costs when trying to make sure that patients have enough funds to pay for medical expenses. Asbestos victims may also file claims using trust funds that were set up to pay compensation to those who have been diagnosed with mesothelioma or any other asbestos-related diseases. Some of these trusts have been depleted, but others continue to award huge amounts of money. In 2018 the federal court granted $70 million to the family of a U.S. Navy machinist diagnosed mesothelioma as a result of gaskets manufactured by John Crane Inc. Trials Trials are a better option for asbestos victims than settlement offers. Trials can solve issues that aren't resolved through settlement negotiations. For example, there may be differences in the calculation of damages, and whether a victim's condition is due to a specific exposure. In a court of law, plaintiffs need to prove they have a right to damages, including past and future medical costs, lost wages, damage to property as well as discomfort and pain and loss in consortium. In addition, the defendant must demonstrate that it is responsible for the asbestos-related injuries. The process of trial is usually lengthy. Over the past 10 years mesothelioma-related jury awards cases have increased significantly and far exceeded the amount that is awarded to settlement cases by judges. A mesothelioma attorney can help victims understand what to do through the trial process and can explain their legal rights in an open courtroom. A knowledgeable lawyer can also assist in identifying potential defendants. Asbestos cases are more complex than litigation involving car accidents, where it is typically easy to identify the parties responsible. This is especially true when a person was exposed to more than one kind of asbestos and in multiple locations. An experienced mesothelioma attorney can interview witnesses, such as coworkers and relatives, abatement workers and suppliers to compile an exhaustive database of employers, products and locations. The expense of settling asbestos claims eats up funds that could be used to pay for future cases. Some claimants believe that settlements don't reflect the actual damage and that they are entitled to more compensation. Defendants can fight to dismiss asbestos claims through summary judgment, or a finding that there was not an exposure. However these motions require an extensive review of evidence and a professional opinion that the doses of asbestos the plaintiff took were not sufficient to cause mesothelioma. A mesothelioma lawyer can speed up the process and keep the case from becoming a backlog in the courts.