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Asbestos Litigation In the courts across the nation asbestos litigation has been a major issue. Asbestos exposure has been proven to cause lung diseases and damage by research. An attorney must be able identify asbestos in each case. This can be accomplished by talking to colleagues, collecting documents, or analyzing samples taken from home or workplaces. Liability If you or someone close to you is diagnosed with an asbestos-related disease You may be eligible for compensation. Compensation can pay for lost wages, medical expenses and other costs associated with mesothelioma. You can choose to start a lawsuit or offer a settlement to the defendants. In asbestos cases, there are generally multiple defendants as there are many mining companies that produce asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines or manufacturers who used asbestos or who were employers could be held liable 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 awarded against sellers of products if those products cause injury to. Specifically, in newport news asbestos attorney , it is alleged that the injuries were caused by a mismanufacture or a design defect and that the victim was not properly warned of the risks that came with using the products. The defendants in asbestos cases typically argue that they did not act negligently and that their products were safe, even though doctors have long recognized the use of asbestos-containing products can cause various illnesses. Companies that concealed asbestos-related risks to make profits were accused of cover-up, as they tried to thwart claims and stop workers from claiming financial compensation for their injuries. If more than one defendant is found responsible for the victim's asbestos-related injuries the judge or jury may determine how to divide the responsibility among them in a process known as apportionment. The apportionment process does not affect the total amount of money that the plaintiff may receive as compensation from the defendants in the case. Damages A lawsuit brought against a business that produced or sold asbestos products can aid victims in recovering compensation for the losses they suffered. This includes the expense of medical treatment for their disease and lost wages due to being unable to work. Victims may also be eligible for compensatory and punitive damages. The lawsuit alleges that the defendant was negligent, meaning that it didn't take reasonable steps to ensure that the product was safe for its intended use. The lawsuit also asserts that the defendant knew asbestos could be dangerous, but failed to provide warnings to consumers and workers about the dangers. An asbestos lawsuit can be filed by a victim or estate of a person who passed away from an asbestos-related illness like mesothelioma. A person can file 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 the life of. Family members of someone who died due to an asbestos-related condition can pursue a wrongful-death lawsuit. Once an asbestos case has been filed and the parties share information in the process of discovery. This can last several months, and may require extensive interviews with colleagues or relatives, abatement employees and others to discover potential defendants as well as their asbestos-related products. Due to the complex nature of asbestos litigation, it is imperative that plaintiffs hire an experienced lawyer handling their case. The law firm that a victim or their family selects should have an understanding of the complexities unique to asbestos litigation and be acknowledged by defendants and insurance companies for its expertise in these cases. LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are renowned for our success to obtain the maximum amount of compensation for our clients. If you have any questions about filing an asbestos lawsuit, please contact us for a no-cost consultation. We are dedicated to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the nation. Contact us today to get started. Settlements When asbestos victims win their lawsuits, they are awarded compensation from the companies who knowingly exposed them to hazardous substances. The money is intended to compensate the victim as well as his or her family for financial losses caused by asbestos exposure. Compensation can help cover pain and suffering. Asbestos cases often settle instead of going to trial because it is less expensive and easier for defendant companies to resolve the case in this way. Settlements also can help prevent the negative publicity that can come with a verdict at trial. It is essential to choose an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients. Mesothelioma cases are complex, and attorneys must conduct extensive research into their clients' medical records and work history as well as asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be responsible for their illness. Lawyers can then gather evidence and use it to create a solid mesothelioma lawsuit. During pre-trial discovery and depositions mesothelioma lawyers will discover evidence of asbestos companies negligence. Evidence typically comes in the form internal memos, corporate documents, and the testimony of former employees who worked with asbestos-containing material. In many instances documents, they show that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related illnesses but didn't disclose this information to their employees or to the general public. Many states set time limitations, called statutes of limitations which determine how long an asbestos victim can bring a lawsuit. These time periods vary by state, but they typically range between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, the victims lose their rights to a fair settlement. The amount of compensation that victims can receive is based on the severity of their illness the diagnosis, as well as other factors. Attorneys consider the cost of treatment and other expenses when negotiations to ensure that patients receive enough funds to pay their medical bills. Asbestos-related victims can also file claims using trust funds that were established to compensate those who have been diagnosed with mesothelioma or any other asbestos-related diseases. Some of these trusts have dwindled, however others continue paying out substantial prizes. In 2018 an appeals court in the U.S. gave $70 million to the relatives of a U.S. Navy machinist diagnosed with mesothelioma from gaskets manufactured by John Crane Inc. Trials Asbestos victims who go to trial have a better chance of receiving compensation than those who accept a settlement offer. Trials can also help in resolving problems that cannot be resolved through settlement negotiations, such as the various ways to calculate damages and whether the condition resulted from specific exposures. In a court of law, plaintiffs need to prove they are entitled to damages including past and future medical costs and lost wages, damages to property or property, pain and discomfort and loss in consortium. The defendant must also prove its liability for the asbestos-related injury. The trial process is typically long. In the last 10 years mesothelioma-related jury awards cases have risen dramatically and far exceeded the amount of money awarded to settlement cases by judges. A mesothelioma lawyer can assist victims understand the trial process and explain their legal rights in a courtroom open to the public. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases are more complex than car accident litigation where it is generally easy to identify the parties responsible. This is particularly true if the person has been exposed to asbestos in more than one place and at different dates. A mesothelioma lawyer with experience can interview witnesses, such as coworkers, relatives and abatement workers, to create a database of the companies, products, and places. The expense of settling asbestos claims eats up funds that could be used to pay future cases. Some claimants believe that settlements do not accurately reflect their actual injuries and therefore they should be compensated more. In asbestos cases, defendants can seek to dismiss claims by summary judgment or a conclusion of no exposure. However the motions must be based on an extensive review of evidence and an expert opinion that the doses of asbestos that plaintiffs received were insufficient to cause mesothelioma. An attorney for mesothelioma can help speed up the process and prevent the case from becoming part of the backlog in the courts.