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Asbestos Litigation A large portion of asbestos-related cases have been handled in courts across the country. Asbestos exposure has been proved to cause lung diseases and damage by research. It is vital for an attorney to know how to recognize asbestos-related products in each case. This can be accomplished by talking to co-workers, getting documents, or analyzing samples taken from home or workplaces. Liability If you or someone close to you is diagnosed with an asbestos-related condition you may be qualified for compensation. Compensation can cover the loss of wages, medical expenses and other expenses related to mesothelioma. You may choose to file a lawsuit or offer an offer of settlement to the defendants. In asbestos cases, there are generally multiple defendants due to the fact that there are a variety of mining companies that manufacture asbestos and manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that offered services to mines or manufacturers that made use of asbestos or who were employers could be held accountable for injuries sustained by victims. Asbestos-related lawsuits are often categorized under the legal category of law governing product liability, which is based on state and common laws that allow damages to be recovered against sellers of products if those products cause injury to. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by mismanufacture or a design defect and that the victim was not properly warned of the dangers associated with using the products. The defendants in asbestos cases typically argue that they did not behave in a negligent manner and that their products are safe, even though doctors have long recognized asbestos-containing items is linked to various illnesses. Furthermore, companies that concealed asbestos's dangers to boost profits have been accused of concealing the truth by attempting to suppress claims and trying to block workers from seeking compensation for their injuries. If more than one defendant is found liable for the asbestos-related injuries sustained by a victim, a judge or jury can decide how to divide the responsibility among the defendants in a process referred to as allocation. The apportionment doesn't alter the amount of compensation the plaintiff may receive from the defendants. Damages A lawsuit against a business which manufactured or sold asbestos could help victims receive compensation. This includes the costs of medical treatment for their illness as well as the loss of wages due to inability to work. Victims also may receive compensatory and punitive damages. The lawsuit alleges that the defendant acted with negligence, meaning it did not take reasonable precautions to ensure the product was safe for its intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to warn consumers and workers of the danger. An asbestos lawsuit may be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related condition like mesothelioma. A person can bring a lawsuit for personal injury to seek compensation for economic and other damages including emotional distress and pain and suffering and loss of enjoyment of the life. In addition, the surviving family members of a person who died due to an asbestos-related illness may make a claim for wrongful death. Once scottsdale asbestos lawsuit has been filed, the two sides share information through the process known as discovery. This process can last for a long time and could require lengthy interviews with coworkers, relatives, abatement workers and others to determine possible defendants and their asbestos-related products. Due to the complexity of asbestos litigation, it is imperative that plaintiffs get an experienced lawyer handling their case. The law firm that a victim or their family chooses have an understanding of the unique complexities of asbestos litigation and be recognized by insurers and defendants for its experience in these cases. The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. We are well-known for our skill in obtaining maximum compensation for our clients. Contact us today for a no-obligation consultation should you have any questions about filing a lawsuit against asbestos. 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 nation. Contact us now to begin. Settlements When victims win their asbestos lawsuits, they receive compensation from the companies who knowingly exposed them to hazardous substances. The money is intended to pay the victim and their family members for financial losses caused by asbestos exposure. Compensation can also be used to cover the cost of suffering and pain. Asbestos cases are usually settled instead of going to trial. This is due to the fact that it's more affordable and easier for the defendant companies to settle the case this way. Settlements can also avoid the negative publicity that comes when a jury verdict is handed down. It is essential to choose an experienced mesothelioma law firm with experience in obtaining maximum damages for their clients. Mesothelioma cases are incredibly complex and lawyers must conduct extensive research on their client's medical records, work history, and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their condition. The lawyers can then collect evidence to use in an effective mesothelioma case. Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence usually comes in the form internal memos, corporate documents, and testimony of former employees who have worked with asbestos-containing materials. In many instances the documents prove that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related illnesses but did not divulge the information to their employees or the general public. A number of states have set a limitation, also known as a statute of limitations, on how long asbestos-related victims can make a claim. These deadlines vary from state to state but typically range between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, victims lose their rights to compensation. The amount victims can receive depends on the asbestos-related illness they have been diagnosed with, how severe their condition is and other factors. Attorneys consider the cost of treatment and other expenses when trying to make sure that patients receive enough funds to pay their medical bills. Asbestos victims might also be able to file claims through trust funds that have been established for those diagnosed with mesothelioma as well as other asbestos-related diseases. Some of these trusts are closed, while others continue to award large amounts of money. In 2018, a federal court awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets manufactured by John Crane Inc. Trials Asbestos victims who attend trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can also help in resolving issues that are not resolved through settlement negotiations, like the various ways to calculate damages and whether the patient's condition was caused by a specific exposure. In a court trial, plaintiffs must show that they have the right to damages, such as past and future medical expenses such as loss of earnings, property damage as well as pain and suffering and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injury. The trial process can be long. In the last decade, jury awards for mesothelioma have risen significantly and have significantly exceeded the amount given by judges in settlement cases. A mesothelioma lawyer can help victims understand the process of trial and explain their legal rights in a courtroom open to the public. A licensed lawyer can assist in identifying potential defendants. Asbestos cases can be more complex than car accident litigation where it is usually easy to identify the responsible parties. This is particularly true if someone has been exposed to asbestos in more than one place and at different dates. A knowledgeable mesothelioma lawyer will interview witnesses, such as family members, coworkers and abatement workers, to create an inventory of the companies, products, and locations. The cost of resolving asbestos claims drains funds which could have been used to pay future cases. Some claimants believe that settlements do not accurately reflect their actual injuries and therefore they deserve more compensation. Defense attorneys can argue to dismiss asbestos claims with summary judgment or a finding that there was not an exposure. These motions need an extensive examination of evidence and an expert opinion that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. While the process can take time, a skilled mesothelioma lawyer can assist to accelerate the process and ensure that it does not be added to the long queue of cases that are awaiting the courts.