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Asbestos LitigationA significant amount of asbestos-related litigation has been handled in courts across the country. Research has proved that asbestos exposure can cause lung damage and illness.An attorney should be able to identify asbestos in each case. This can be accomplished by talking to co-workers, getting reports, or looking at samples taken from home or workplaces.LiabilityIf you or someone close to you is diagnosed with an asbestos-related disease you may be qualified for compensation. Compensation may cover the loss of wages, medical expenses and other costs associated with mesothelioma. You can file a lawsuit to seek compensation or an offer to settle the case with the defendants in the case.In asbestos cases, there are generally multiple defendants as there are a variety of mining companies that produce asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that supplied services to mines or manufacturers that used asbestos or who were employers could be held responsible for injuries sustained by victims.Asbestos lawsuits typically fall into the legal category of product liability law which is based on state and common laws that permit damages to be awarded against producers of products if those products cause injuries. In a product liability lawsuit, it is alleged the injuries occurred due to defective design or manufacturing and that the person who was injured was not adequately warned about the dangers associated with products.In asbestos cases, defendants often argue that they did not do anything in a negligent way and that their products were safe, even though doctors have long acknowledged that the use of asbestos-containing products is linked to various illnesses. Additionally, companies that concealed the risks of asbestos to increase profits have been accused of covering up the issue by trying to thwart claims and by trying to block workers from seeking the financial compensation they deserve for their injuries.If more than one defendant is found to be responsible for the victim's asbestos-related injuries, a judge or jury could decide how to split the burden of responsibility among them in a process called allocation. The apportionment will not alter the amount of compensation that the plaintiff may receive from the defendants.DamagesA lawsuit against a company that made or sold asbestos could assist victims to recover compensation. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims also may receive compensatory and punitive damages.The lawsuit asserts that the defendant acted negligently, which means that it failed to take reasonable steps to ensure that the product was safe for its intended use. The lawsuit also alleges that the defendant knew that asbestos could be dangerous and failed provide warnings to consumers and workers about the dangers.A person who is a victim or the estates of those who have passed away from asbestos-related illnesses like mesothelioma are able to start an asbestos lawsuit. A person may start a personal injury suit to claim compensation for economic and non-economic damages, such as emotional distress and suffering, loss of enjoyment life and suffering and pain. Family members who have survived someone who has died from an asbestos-related illness may also pursue a wrongful-death lawsuit.Once an asbestos-related case is initiated, the parties exchange information in a process called discovery. The process can last for several months and may involve interviews with coworkers, family members, abatement workers and others to determine potential defendants.Due to the complex nature of asbestos litigation, it is important that plaintiffs hire an experienced lawyer to handle their case. The law firm that a victim or their family selects should have an understanding of the unique complexities of asbestos litigation and be recognized by insurance companies and defendants for its experience in these cases.LK's attorneys have years of experience representing victims and their families in asbestos lawsuits. We are renowned as a firm that can secure the highest amount of compensation for our clients.If you have any questions regarding filing an asbestos lawsuit, call us for a free consultation. We are dedicated to fighting for justice that is in the best interest 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.SettlementsIf asbestos victims prevail in their cases, they receive compensation for the companies which exposed them to harmful substances. The money is intended to provide the victim and his or her family for financial losses caused by asbestos exposure. Compensation can help cover the pain and suffering.Asbestos cases tend to settle rather than go to trial because it is less expensive and easier for defendant companies to settle the case in this way. Settlements can also avoid the negative publicity that can come with a verdict at trial. It is essential to choose an experienced mesothelioma lawyer who has experience obtaining the highest damages for their clients.Mesothelioma lawsuits are complex and require lawyers to conduct extensive research on their client's work history, medical records, and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be responsible for their illness. The lawyers can then collect evidence and use it in a strong mesothelioma case.sunrise asbestos lawyer can uncover evidence that asbestos companies were negligent in depositions and discovery. The evidence usually comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing materials. These documents often reveal that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases but did not inform their employees or the general public.Many states set time limitations also known as statutes or limitations on the time an asbestos victim must make a claim. These time periods vary by state, but generally range between one and two years. If the statute of limitations runs out before a mesothelioma suit is filed, victims lose their rights to a fair settlement.The amount of money that victims receive will depend on their asbestos-disease diagnosis, how severe their condition is, as well as other aspects. Attorneys take into account treatment costs and other expenses when negotiations to ensure that patients receive enough funds to cover medical expenses. Asbestos victims can also file claims using trust funds which were created to compensate people who have been diagnosed with mesothelioma or other asbestos-related ailments.Some of these trusts have been closed, but others continue paying out substantial prizes. In 2018, for instance an appeals court in the United States awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets produced by John Crane Inc.TrialsAsbestos victims who go to trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can also help to resolve issues that cannot be resolved through settlement negotiations, such as differences in how to calculate damages and whether the victim's condition was caused by exposures specific to the victim.In a court of law, plaintiffs will be required to prove that they are entitled to damages, including future and past medical costs as well as lost wages, damage to property as well as discomfort and pain and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The trial can be long. In the past decade mesothelioma jury awards have increased significantly and have much exceeded the amount that is awarded by judges in settlement cases.A mesothelioma lawyer can assist victims understand the process of trial, and can explain their legal rights in a courtroom open to the public. A licensed lawyer can assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident litigation where it is generally easy to identify responsible parties. This is particularly true when a person was exposed to more than one type of asbestos in various locations. A mesothelioma lawyer with experience can interview witnesses, such as relatives, coworkers, or asbestos workers, to build an inventory of employers, products, and places.The cost of resolving asbestos claims drains funds that could have been used to pay future cases. Additionally, some claimants believe that settlements are not founded on actual injuries and they deserve more compensation.The defendants in asbestos cases may seek to dismiss claims by summary judgment or a determination of no exposure. However the motions must be based on an in-depth review of the evidence and an expert opinion that the doses measured of asbestos the plaintiff took did not cause mesothelioma. While the process could take time, a qualified mesothelioma lawyer can assist to accelerate the process and ensure that it does not become part of the lengthy queue of cases that are awaiting the courts.