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Asbestos Litigation A significant amount of asbestos-related litigation has been handled by courts across the country. Asbestos exposure has been proven to cause lung disease and damage by research. It is vital that attorneys know how to identify asbestos products in every case. This can be done by speaking to colleagues, obtaining records, or analyzing samples taken from home or workplaces. Liability If you or a loved one is diagnosed with an asbestos-related disease you may be entitled to compensation. Compensation can assist with the loss of wages medical expenses, as well as other costs associated with mesothelioma or another asbestos-related disease. You may choose to start a lawsuit or offer a settlement to the defendants. In worcester asbestos law firm , there are typically multiple defendants because there are numerous mining companies that produce asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that supplied services to mines or manufacturers that used asbestos or who acted as employers could be held responsible for injuries suffered by victims. Asbestos suits are typically governed by product liability laws that are based upon the common law and state laws which permit damages to be recovered from the seller of a product when those products cause injuries. In a product liability lawsuit it is claimed that the injuries occurred due to defective design or manufacturing and that the person injured wasn't adequately warned about the dangers associated with products. In asbestos cases, defendants usually assert that they were not negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing products are linked to a myriad of illnesses. Companies that hid asbestos risks to make profits were accused of cover-up as they sought to block claims and keep workers from claiming an amount of compensation for their injuries. A judge or jury can decide how to divide the responsibility among defendants when more than one defendant has been found responsible for an asbestos-related injury. This process is referred to as allocation. The apportionment doesn't affect the amount of compensation that the plaintiff is entitled to from the defendants. Damages A lawsuit against a business that made or sold asbestos can aid victims in recovering compensation. This includes the cost of medical treatments for their illness and the loss of wages because of being unable to work. Victims can also receive compensation and punitive damages. The lawsuit alleges that the defendant acted with negligence in that it failed to take reasonable care to ensure the product was safe for the intended use. The lawsuit also asserts that the defendant knew asbestos could be dangerous, but failed to inform consumers and workers about the dangers. An asbestos-related lawsuit can be filed by a victim or the estate of a person who has died due to an asbestos-related illness, such as mesothelioma. A person may start a personal injury suit to seek compensation for non-economic and economic damages, such as emotional stress and suffering, loss of enjoyment life as well as pain and suffering. Additionally, the surviving family members of a deceased person from an asbestos-related illness can file a wrongful death lawsuit. After an asbestos case is filed, both sides communicate information through a process known as discovery. This process can last for a long time, and may require extensive interviews with colleagues, relatives, abatement workers and others to discover potential defendants and their asbestos-related products. Due to the complicated nature of asbestos litigation it is crucial that plaintiffs get an experienced lawyer to handle their case. The law firm that a victim or their family chooses must understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their expertise. LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are known as a firm that can secure maximum compensation for our clients. If you have any questions about filing an asbestos suit, 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 across the country. Contact us by phone or email today to start your journey. Settlements When victims win their asbestos lawsuits, they are awarded compensation from the companies who knowingly exposed them to hazardous substances. This money is meant to assist the family members of the victim with financial losses resulting from the asbestos exposure. Compensation can also cover pain and suffering. Asbestos cases are often settled rather than going to trial. This is because it's easier and cheaper for the defendant companies to settle the case this way. Settlements also avoid negative publicity that may come with a verdict at trial. It is crucial to select an experienced mesothelioma law firm with experience in obtaining maximum damages for their clients. Mesothelioma cases are complicated, and attorneys must conduct extensive research about the medical records of their clients, work history, and asbestos exposure. They can help clients identify asbestos-producing firms that could be the cause of the disease. Lawyers can then gather evidence and use it to create a strong mesothelioma lawsuit. During pre-trial discovery and depositions mesothelioma lawyers are able to discover evidence of asbestos companies negligence. The evidence typically is in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. In many cases documents, they show that asbestos manufacturers were aware of mesothelioma's risks and other asbestos-related ailments, but didn't disclose the information to their employees or the public. Many states set time limitations which are known as statutes of limitation that define how long an asbestos victim must make a claim. These time periods vary by state, but typically vary from one to two years. If the statute of limitations expires before a mesothelioma lawsuit is filed, the victims lose their rights to compensation. The amount of compensation victims receive is contingent upon the severity of their condition, their diagnosis and other factors. Attorneys take into account treatment costs and other expenses when trying to make sure that patients have enough funds for their medical bills. Asbestos sufferers may also be able to file claims through trust funds established for those who have been diagnosed with mesothelioma and other asbestos-related diseases. Some of these trusts have been depleted, but others continue to pay out significant awards. For instance, in the year 2018 the federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets produced by John Crane Inc. Trials Trials are a better option for asbestos victims than settlement offers. Trials can resolve issues that aren't resolved through settlement negotiations. For example, there could be differences in the calculation of damages and the extent to which a person's condition is due to a specific exposure. In a trial the plaintiffs have to prove that they are entitled to compensation, such as past and future medical expenses such as lost wages, property damage and pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injury. The trial can be long. In the last decade mesothelioma cases, jury awards have risen significantly and have substantially exceeded the amount granted by judges in settlement cases. A mesothelioma lawyer can assist patients understand how to proceed in the court process and can explain their rights under the law in an open courtroom. A lawyer with experience can also assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident litigation where it is often easy to identify the parties responsible. This is especially true if an individual was exposed to more than one kind of asbestos in multiple locations. An experienced mesothelioma attorney can speak with witnesses like co-workers, relatives, abatement workers and suppliers to compile an exhaustive list of companies products, locations and other information. There is a growing concern that the cost of resolving claims from asbestos victims in the past has a negative impact on funds that could be used to fund future cases. Some claimants also believe that settlements don't reflect actual injuries and they deserve more compensation. Defendants in asbestos cases can contest claims to dismiss them by summary judgment or a determination of no exposure. However, these motions require a thorough review of the evidence and an expert's view that the doses measured of asbestos that the plaintiff was exposed to were not enough to cause mesothelioma. While the process may take time, a qualified mesothelioma lawyer could help to accelerate the process and ensure that it does not become part of the aforementioned long queue of cases that are awaiting the courts.