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Asbestos Litigation A large portion of asbestos cases have been handled in courts across the country. Asbestos exposure has been proved to cause lung damage and lung disease through research. It is important that attorneys know how to recognize asbestos-related products in every case. This can be accomplished by speaking with colleagues in the office, collecting records, and analyzing samples from homes or work sites. Liability If you or someone close to you is diagnosed with an asbestos-related disease You may be qualified for compensation. Compensation may help pay for lost wages, medical expenses and other costs related to mesothelioma and other asbestos-related disease. You may choose to make a claim or offer an offer of settlement to the defendants. In asbestos cases, there will be several defendants since there are many mining companies that manufacture asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or in an employer capacity could also be held responsible for injuries sustained by victims. Asbestos suits are typically governed by laws governing product liability that are based on the laws of the state and common law which allow damages to be recouped from sellers of goods when they cause injuries. In a product liability suit where the injuries occurred due to the design defect or manufacturing error and that the person who was injured was not adequately informed about the dangers associated with the products. In asbestos cases, defendants typically claim that they did not behave negligently and that their products are safe, even though doctors have long recognized asbestos-containing products is linked to various diseases. In addition, companies who concealed asbestos's dangers to increase profits have been accused of covering up the issue by attempting to suppress claims and by trying to stop workers from seeking compensation for their injuries. If more than one defendant is found responsible for asbestos-related injuries suffered by a victim the judge or jury could decide how to split the responsibility between the defendants in a process referred to as the apportionment. The apportionment doesn't affect the amount of compensation that the plaintiff may receive from the defendants. henderson asbestos lawyer brought against a firm that manufactured or sold asbestos products can aid victims in recovering compensation for their losses. This includes the costs of medical treatment for their condition as well as the loss of earnings due to the inability to work. Victims can also receive compensation and punitive damages. The lawsuit alleges the defendant acted negligently. This means that it failed to take reasonable steps to ensure the product was safe for its intended use. The lawsuit further alleges that the defendant knew asbestos was a risk and failed to provide warnings to consumers and workers about the risk. An asbestos lawsuit can be filed by a victim or the estate of a person who has died from an asbestos-related disease such as mesothelioma. A person may file a personal injury lawsuit to seek compensation for non-economic and economic damages, including emotional distress and loss of enjoyment of life, and suffering and pain. Family members who have survived someone who died due to an asbestos-related illness may also bring a wrongful death lawsuit. Once an asbestos case has been filed and a settlement is reached, both sides exchange information during the process of discovery. This process may take several months and could require interviews with coworkers, family members, abatement workers, and others to identify potential defendants. It is essential for plaintiffs to choose 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 be able to understand the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for their experience. The attorneys at LK's are asbestos litigation experts with years of experience representing asbestos victims and their families. We are well-known for our skill to obtain the maximum amount of compensation for clients. Contact us for a complimentary consultation should you have any questions about bringing a lawsuit against asbestos. We are committed 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 via phone or email today to begin. Settlements If asbestos victims prevail in their lawsuits, they receive compensation from companies who knew they exposed them to dangerous substances. The money is intended to compensate the victim and his or her family members for financial losses caused by asbestos exposure. Compensation can also help with the cost of suffering and pain. Asbestos cases are often settled instead of going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case in this manner. Settlements can also avoid the negative publicity that is associated with a verdict in a trial. It is important to hire an experienced mesothelioma law firm which has the experience of obtaining maximum damages for their clients. Mesothelioma cases are complicated and lawyers must conduct extensive research about the medical records of their clients, work history and asbestos exposure. They can assist clients in identifying asbestos-producing companies who may be responsible for the illness. Lawyers can then collect evidence and use it to construct an effective mesothelioma suit. During pre-trial discovery and depositions, mesothelioma lawyers can discover evidence of asbestos companies negligence. Evidence usually comes in the form internal memos, corporate documents and the testimony of former employees who have worked with asbestos-containing material. In many cases the documents prove that asbestos-producing companies knew about the dangers of mesothelioma as well as other asbestos-related diseases, however, they did not communicate this information to their workers or the public. A number of states have imposed a time limitation, also known as a statute of limitations, on how long asbestos-related victims can sue. The time frames vary from state to state, but usually range from one to two years. If the statute of limitations expires before a case for mesothelioma is filed, victims will lose the right to compensation. The amount of money that patients can receive is contingent on the diagnosis of their asbestos-related disease, how severe their condition is and other factors. Attorneys take into account the cost of treatment and other expenses when trying to make sure that patients have enough funds to cover medical expenses. Asbestos sufferers can also file claims with trust funds that were established in order to compensate those who've been diagnosed with mesothelioma or other asbestos-related ailments. Certain trusts have been depleted but others continue to award substantial prizes. In 2018 the federal court awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma due to gaskets manufactured by John Crane Inc. Trials Trials are the best option for asbestos victims than settlement offers. Trials can also help in resolving issues that aren't resolved through settlement negotiations, like the different methods of calculating damages and whether the condition was caused by exposures specific to the victim. In a court trial the plaintiffs must prove that they have the right to compensation, such as future and past medical expenses, lost wages, property damage, pain and suffering, and loss of consortium. In addition, the defendant has to prove that it is liable for the asbestos-related injuries. The trial process can be lengthy. In the last decade, jury awards for mesothelioma have risen significantly and have substantially exceeded the amount granted by judges in settlement cases. A mesothelioma lawyer will help victims understand how to proceed during the trial process and explain their rights under the law in an open courtroom. A licensed lawyer can assist in identifying potential defendants. In contrast to car accident litigation where it is typically easy to identify the parties involved, asbestos cases can be more complex. This is especially true if the person has been exposed to asbestos in multiple locations and at different dates. An experienced mesothelioma attorney is able to interview witnesses, such as coworkers and relatives, abatement workers and suppliers to create an exhaustive database of employers, products and locations. The cost of resolving asbestos claims drains funds that could have been used to pay future cases. Furthermore, some claimants believe that settlements aren't based on actual injuries and they deserve more compensation. The defendants can seek to dismiss asbestos claims by obtaining summary judgment or a finding that there was not an exposure. However these motions require an extensive review of evidence and a professional opinion that the doses measured of asbestos that the plaintiff was exposed to were insufficient to cause mesothelioma. Although the process can be lengthy, a knowledgeable mesothelioma attorney can help speed up the process and ensure that it doesn't become part of the long queue of cases that are awaiting the courts.