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Asbestos Litigation A substantial amount of asbestos-related cases have been handled in courts across the nation. Research has shown that asbestos exposure can cause lung damage and illness. It is crucial that attorneys know how to identify asbestos-related materials in each case. This can be done through speaking to colleagues, obtaining records, or analyzing samples taken from home or workplaces. Liability You could be eligible for compensation If you or someone you care about is diagnosed with a disease related to asbestos. Compensation can assist with the loss of wages medical expenses, as well as other expenses associated with mesothelioma, or any other asbestos-related disease. You can choose to make a claim or offer an agreement to the defendants. In asbestos cases, there are typically multiple defendants due to the fact that there are numerous mining companies that manufacture asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines, manufacturers or as employers could also be liable for injuries suffered by victims. Asbestos suits often fall under product liability laws that are based on the common law and state laws which permit damages to be recovered from sellers of goods when those products cause injuries. In a lawsuit involving product liability it is claimed that the injuries occurred due to the design defect or manufacturing error and that the injured person was not adequately informed about the risks associated with the products. In asbestos cases, defendants frequently claim that they weren't negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing products have been linked to a variety of diseases. Companies who concealed asbestos-related risks to make profits were accused of a cover-up. They tried to thwart claims and stop workers from claiming financial compensation for their injuries. If plymouth asbestos lawsuit than one defendant is found responsible for a victim's asbestos-related injuries, a judge or jury could decide on how to divide the burden of responsibility among the defendants in a process referred to as apportionment. The apportionment of liability will not affect the total amount of money a plaintiff can receive in compensation from the defendants in the case. Damages A lawsuit against a business that manufactured or sold asbestos can help victims receive compensation. This includes the cost of medical treatment and lost wages as a result of being unable to perform their job. Victims may also be eligible for compensatory and punitive damages. The lawsuit claims that the defendant acted negligently, meaning that it failed to take reasonable steps to ensure that the product was safe for the intended use. It also is alleged that the defendant knew that asbestos was a risk and failed to warn consumers and workers of the danger. The estates or victims of those who have passed away from asbestos-related illnesses like mesothelioma are able to make an asbestos lawsuit. A person may bring a lawsuit for personal injury to seek compensation for financial and other damages that include emotional distress as well as pain and suffering and loss of enjoyment of the life. In addition, the surviving family of someone who died from an asbestos-related disease may make a claim for wrongful death. When an asbestos-related case is filed and the parties exchange information in the process of discovery. This process can last several months and may require interviews with coworkers, family members, abatement workers and others to determine potential defendants. It is essential for plaintiffs to have an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm that the victim, or their family, chooses must understand the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for their 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 obtain maximum compensation for our clients. Contact us today for a no-obligation consultation if you have any questions regarding filing a lawsuit against asbestos. We are dedicated to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients all over the country. Contact us by email or phone today to get started. Settlements If asbestos victims prevail in their cases, they receive compensation from the companies which exposed them to harmful substances. The money is meant to pay the victim and his or her family for financial losses caused by asbestos exposure. Compensation can also cover the pain and suffering. Asbestos cases are typically settled instead of going to trial. This is because it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also avoid negative publicity that can come when a verdict is handed down. It is crucial to choose an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients. Mesothelioma cases are incredibly complex and lawyers must do extensive research on the medical records of their clients and work history as well as asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be responsible for their illness. Lawyers can then gather evidence and use it to construct a mesothelioma case that is strong and successful. During pre-trial discovery and depositions mesothelioma lawyers are able to find evidence of asbestos-related companies negligence. Evidence usually is found in internal memos, corporate documentation and statements of former employees who worked with asbestos-containing products. In many instances these documents, it is clear that asbestos-producing companies knew about the dangers of mesothelioma as well as other asbestos-related illnesses however, they did not communicate this information to their workers or the general public. Many states set time limits which are known as statutes of limitation, on how long an asbestos victim must file a lawsuit. The length of time varies from state-to-state, but are typically between one and two years. If the statute of limitation expires before a case for mesothelioma is filed victims will lose the right to compensation. The amount of money victims can receive is based on the severity of their condition the diagnosis, as well as other factors. Attorneys look at treatment costs as well as other expenses in negotiations to ensure patients have enough money to pay their medical bills. Asbestos sufferers may also be able to claim through trust funds created to help those diagnosed with mesothelioma or other asbestos-related diseases. Certain trusts have been wiped out, but others continue to pay substantial awards. In 2018 the United States court granted $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma after gaskets manufactured by John Crane Inc. Trials Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept a settlement offer. Trials can solve issues that aren't resolved through settlement negotiations. For instance, there are differences in the calculation of damages and the extent to which a person's condition is caused by an exposure. In a court trial, plaintiffs must show that they have the right to damages, including future and past medical expenses and loss of wages, property damage, pain and suffering, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial can take a long time. In the last decade mesothelioma juries' awards have risen significantly and have far exceeded the amount awarded by judges in settlement cases. A mesothelioma attorney can help victims understand what to do in the trial process and can explain their legal rights in an open courtroom. A qualified lawyer can also help to identify potential defendants. As opposed to the litigation in car accidents which is usually easy to determine the responsible parties, asbestos cases can be more complex. This is especially true if a person was exposed to more than one type of asbestos at multiple locations. An experienced mesothelioma lawyer is able to interview witnesses, including coworkers, relatives and abatement workers, to create a database of companies, products, and places. The cost of resolving asbestos claims eats away funds which could be used to pay for future cases. Some claimants believe that settlements don't reflect actual injuries, and they should be compensated more. In asbestos cases, defendants can seek to dismiss claims by summary judgment or a finding of no exposure. These motions need an in-depth examination of the evidence and an expert opinion that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. A mesothelioma lawyer can accelerate the process and keep the case from becoming a backlog in the courts.