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Asbestos Litigation A significant amount of asbestos litigation has been dealt with in courts across the nation. Research has shown that asbestos exposure can cause lung damage and disease. An attorney must be able recognize asbestos in every case. This can be done by chatting with colleagues or obtaining records, as well as taking samples from homes or work sites. Liability If you or a loved one is diagnosed with an asbestos-related illness you could be eligible for compensation. Compensation may help pay for lost wages medical costs, and other expenses related to mesothelioma and other asbestos-related disease. You can file a lawsuit to seek compensation or make an offer of settlement from the defendants in the case. In asbestos cases, there are generally multiple defendants as there are many mining companies that produce asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that provided services to mines or manufacturers who used asbestos, or who acted as employers could be held responsible for injuries suffered by victims. Asbestos suits are typically governed by laws governing product liability which are based on the common law and state laws which allow damages to be recouped from the sellers of products if those products cause injuries. In particular, in a liability lawsuit, it is claimed that the injuries were caused by mismanufacture or a design defect and that the person who suffered injury was not adequately warned of the risks associated with using the products. The defendants in asbestos cases typically argue that they didn't act negligently and that their products were safe, even though doctors have long recognized asbestos-containing products is linked to various illnesses. Companies that hid asbestos risks to make profits were accused of a cover-up as they sought to deny claims and block workers from claiming the financial compensation they deserve for their injuries. A judge or jury can decide how to divide responsibility between defendants if more than one defendant has been found responsible for an asbestos-related injury. This process is known as allocation. The apportionment will not affect the amount of compensation the plaintiff can receive from the defendants. Damages A lawsuit against a business that manufactured or sold asbestos could help victims receive compensation. This includes the cost for medical treatment and lost wages as a result of being unable their job. oklahoma asbestos attorneys can also be awarded compensation and punitive damages. The lawsuit claims that the defendant acted negligently which means that it did not take reasonable precautions to ensure that the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos could be dangerous and failed inform consumers and workers about the risk. An asbestos lawsuit could be filed by a victim, or the estate of a person who has died from an asbestos-related condition like mesothelioma. A person can make a claim for personal injury to claim compensation for financial and other damages, such as emotional distress as well as pain and suffering and loss of enjoyment the life. Family members who are survivors of someone who died due to an asbestos-related illness may also bring a wrongful death lawsuit. After an asbestos lawsuit is filed, both sides exchange information in the process known as discovery. This process can last some time and may require interviews with coworkers, family members, abatement workers, and others in order to identify potential defendants. It is important for plaintiffs to have an experienced lawyer handling their case because of the complex nature of asbestos litigation. The law firm a victim or their family chooses to work with should be aware of the unique complexities involved in asbestos litigation and be recognized by insurance companies and defendants for its expertise in asbestos cases. LK's attorneys are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are renowned as a firm that can secure the maximum amount of compensation to our clients. If you have any questions regarding 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 Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us now to get started. Settlements If asbestos victims prevail in their lawsuits, they are awarded compensation from companies who knew they exposed them to dangerous substances. The money is intended to assist the victim and their family with financial losses resulting from the 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 because 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 when a jury verdict is handed down. It is essential to choose an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients. Mesothelioma cases are complicated and lawyers must conduct extensive research about their client's medical records, work history and asbestos exposure. They can help clients identify asbestos-producing companies who may be responsible for the condition. Lawyers can gather evidence and use it in the preparation of a solid mesothelioma lawsuit. During depositions and discovery prior to trial mesothelioma lawyers will discover evidence of asbestos companies' negligence. Evidence typically is found in internal memos, corporate documentation and the testimony of former employees who have worked with asbestos-containing materials. These documents typically show that asbestos producers knew about the dangers of mesothelioma, and other asbestos-related diseases but did not inform their employees or the general public. There are many states that set time limits known as statutes of limitations, on how long an asbestos victim has to file a lawsuit. The time frames vary from state to state however, they are usually between one and two years. If the statute of limitation expires before a case for mesothelioma has been filed, victims will lose their right to receive compensation. The amount of compensation a victim will receive is based on the severity of their illness and their 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 for medical expenses. Asbestos sufferers may also be able to claim through trust funds created for patients diagnosed with mesothelioma or other asbestos-related illnesses. Certain trusts have been wiped out, but others continue to pay substantial prizes. In 2018, for instance the federal jury awarded $70 million to the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets produced by John Crane Inc. Trials Asbestos sufferers who go to trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can resolve issues that aren't possible to resolve through settlement negotiations. For example, differences in the calculation of damages and whether a victim's condition is caused by a specific exposure. In a trial plaintiffs must demonstrate that they are entitled to damages, such as future and past medical expenses such as lost wages, property damage as well as pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The process of trial is usually long. In the past decade mesothelioma cases, jury awards have increased significantly and have substantially exceeded the amount granted by judges in settlement cases. A mesothelioma attorney can help victims understand how to proceed through the trial process and can explain their legal rights in a courtroom that is open to the public. A qualified lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident litigation where it is generally easy to identify the responsible parties. This is especially true when an individual was exposed to more than one kind of asbestos and at multiple locations. An experienced mesothelioma attorney is able to interview witnesses such as co-workers or relatives, abatement workers and suppliers to compile an exhaustive database of the companies as well as their products and locations. The cost of resolving asbestos claims eats away funds that could be used to pay for future cases. In addition, some claimants think that settlements aren't basing on actual injuries and deserve more in compensation. In asbestos cases, defendants can contest claims to dismiss them through the process of summary judgment or by a finding of no exposure. These motions require an extensive examination of evidence as well as an expert's opinion on whether the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. Although the process can take time, a skilled mesothelioma attorney can help accelerate the process and ensure that it does not become part of the lengthy backlog of cases in the courts.