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Asbestos Litigation A substantial amount of asbestos-related litigation has been handled in courts across the country. Asbestos exposure has been proven to cause lung diseases and damage through research. An attorney should be able to identify 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 If you or a loved one is diagnosed with an asbestos-related disease you may be eligible for compensation. Compensation can cover lost wages, medical costs and other costs related to mesothelioma. You can make a claim for compensation or an offer of settlement to the defendants in the case. There are usually multiple defendants in an asbestos case due to the numerous mining companies who produced asbestos and manufacturers of the products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines or manufacturers that made use of asbestos or acted as employers could be held responsible for injuries sustained by victims. Asbestos suits are typically governed by products liability laws which are based on state and common laws that permit damages to be recouped from the sellers of products if they cause injuries. In particular, in a liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or a flawed design, and that the person injured was not adequately warned of the risks that came with using the products. In pompano beach asbestos attorney , defendants often argue that they did not do anything recklessly and that their products were safe, even though doctors have long recognized the use of asbestos-containing products can cause different diseases. Companies who concealed asbestos-related risks to increase profits were accused of cover-up, as they tried to suppress claims and prevent workers from claiming financial compensation for injuries they sustained. A judge or jury can decide how to divide the blame between defendants in cases where more than one defendant is identified as being responsible for an asbestos-related injury. This process is referred to as apportionment. The apportionment of liability will not affect the total amount that a plaintiff can receive in compensation from the defendants in the case. Damages A lawsuit against a company that manufactured or sold asbestos can assist victims to recover compensation. This includes the expense of medical treatment for their disease and lost wages due to inability to work. Victims may also be eligible for compensatory and punitive damages. The lawsuit alleges the defendant acted negligently. This means that it did not take reasonable steps to ensure that the product was safe for the intended use. The lawsuit also alleges that the defendant knew that asbestos was a risk and failed to in educating consumers and workers about the dangers. An asbestos lawsuit can be filed by a victim or estate of a deceased person from an asbestos-related illness such as mesothelioma. A person may make a claim for personal injury to seek compensation for damages arising from economic or other causes like emotional distress or pain and suffering and loss of enjoyment of the life. Family members who are survivors of someone who died due to an asbestos-related illness may also file a wrongful deaths lawsuit. When an asbestos lawsuit has been initiated, the parties exchange information through the process known as discovery. The process can last for some time and may require interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants. It is essential that plaintiffs have an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm the victim or their family chooses should comprehend the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their experience. The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to get the most compensation possible for our clients. If you have questions about filing an asbestos lawsuit, contact us for a no-cost consultation. 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 across the nation. Contact us via phone or email today to start your journey. Settlements If asbestos victims prevail in their lawsuits, they receive compensation from the companies that exposed them to dangerous substances. The money is meant to compensate the victim as well as their family members for financial losses caused by asbestos exposure. Compensation can help cover the cost of suffering and pain. Asbestos cases often settle rather than going to trial because it is cheaper and easier for defendants to settle the case in this way. Settlements also can help prevent the negative publicity that comes when a jury verdict is handed down. It is essential to choose an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients. Mesothelioma cases are incredibly complex, and attorneys must do extensive research on the medical records of their clients as well as their work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause for their condition. Lawyers can then collect evidence and use it to create an effective mesothelioma suit. Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence usually comes in the form of internal memos, corporate documents and testimony of former employees who have been exposed to asbestos-containing materials. These documents typically show that asbestos manufacturers knew about the dangers of mesothelioma, and other asbestos-related illnesses but did not inform their workers or the general public. Many states set time limits also known as statutes or limitations, on how long an asbestos victim has to file a lawsuit. These time periods vary from state-to-state, but are typically between one and two years. If the statute of limitations expires prior to the time a lawsuit for mesothelioma can be filed, the victims will lose their right to compensation. The amount of money that victims can receive depends on the diagnosis of their asbestos-related disease and how severe their condition is, and other factors. Attorneys consider treatment costs and other costs when they negotiate to ensure that patients receive enough money to pay for their medical bills. Asbestos victims might also be able to file claims through trust funds set up for those who have been diagnosed with mesothelioma, asbestos-related illnesses. Some of these trusts have been wiped out, but others continue to pay substantial awards. In 2018 the United States court awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets produced by John Crane Inc. Trials Trials are the best option for asbestos victims than settlement offers. Trials can also help to resolve issues that cannot be resolved through settlement negotiations, for instance the various ways to calculate damages and if the victim's condition was caused by a specific exposure. In a court of law, plaintiffs need to prove they have a right to damages, including future and past medical costs, lost wages, damage to property, pain and discomfort, and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injuries. The process of trial is usually lengthy. In the last decade mesothelioma jury awards have increased significantly and have significantly exceeded the amount given by judges in settlement cases. A mesothelioma attorney can help patients understand how to proceed in the court process and can explain their legal rights in a courtroom that is open to the public. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases can be more complex than car accident litigation, where it is typically easy to identify the responsible parties. This is especially the case when an individual was exposed to more than one kind of asbestos in multiple places. A knowledgeable mesothelioma lawyer will interview witnesses, including coworkers, relatives and asbestos workers, to build an inventory of products, employers, and the locations. There is a growing concern that the cost of settling claims from asbestos victims in the past can drain funds that could be used to pay for future cases. Furthermore, some claimants believe that settlements are not basing on actual injuries and should be compensated more. The defendants in asbestos cases may contest claims to dismiss them by the process of summary judgment or by a finding of no exposure. These motions are, however, subject to an in-depth examination of the evidence as well as an expert's assessment that the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma lawyer can help accelerate the process and avoid the case from becoming a part of the backlog in the courts.