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Asbestos LitigationIn courts all over the nation asbestos litigation has been a major problem. Asbestos exposure has been proven to cause lung diseases and damage by research.An attorney must be able identify asbestos in every case. This can be done by talking with co-workers or obtaining records, as well as analysing samples taken from homes or work sites.LiabilityIf you or a loved one is diagnosed with an asbestos-related illness, you may be eligible for compensation. Compensation can be used to pay for medical expenses, lost wages and other costs associated with mesothelioma. You can either bring a lawsuit, or offer a settlement to the defendants.There are typically several defendants in a case involving asbestos because there are a variety of mining companies that produced asbestos and also the manufacture of products that contained 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 liable for injuries to victims.Asbestos suits often fall under product liability laws that are based on the common law and state laws which allow damages to be recovered from the sellers of products if those products cause injuries. In particular, in a liability lawsuit, it's claimed that the injuries were caused due to a flawed or a design defect and that the injured party wasn't adequately warned of the dangers that could result from using the products.In asbestos cases, defendants usually claim that they weren't negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing items are linked to a myriad of illnesses. Companies who concealed asbestos-related risks to increase profits were accused of a cover-up as they sought to block claims and keep workers from seeking financial compensation for their injuries.A judge or jury can decide how to divide the blame between defendants in cases where more than one defendant is blamed for an asbestos-related injury. This process is known as allocation. The apportionment does not alter the amount of money that the plaintiff may receive as compensation from the defendants in the case.DamagesA lawsuit brought against a company that manufactured or sold asbestos products can help victims obtain compensation for the losses they suffered. This includes the expense of medical treatment for their illness and the loss of earnings due to the inability to work. Victims can also be awarded compensation and punitive damages.The lawsuit asserts that the defendant was negligent, meaning that it didn't take reasonable steps to ensure the product was safe for its intended use. The lawsuit also alleges that the defendant knew asbestos could be hazardous and failed to warn workers and consumers about the risk.A person who is a victim or the estates of people who have died from asbestos-related illnesses like mesothelioma may file an asbestos lawsuit. An individual can file a personal injury lawsuit to seek compensation for non-economic and economic damages, such as emotional suffering and loss of enjoyment of life and pain and suffering. The surviving family members of someone who has passed away due to an asbestos-related illness can also bring a wrongful death lawsuit.When an asbestos lawsuit has been filed, the parties share information through a process called discovery. It can take several months, and may require lengthy interviews with coworkers, relatives, abatement workers and others in order to identify potential defendants as well as their asbestos-related products.Due to the complexity of asbestos litigation, it is important that plaintiffs hire an experienced lawyer handle their case. The law firm that a plaintiff or their family chooses to work with should be aware of the unique complexities of asbestos litigation and be recognized by defendants and insurance companies for its expertise in these cases.LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. We are renowned as a firm that can secure the maximum amount of compensation to our clients.Contact us today for a no-obligation consultation should you have any questions about filing a lawsuit involving asbestos. We are committed to fighting for justice in the best interests of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us via phone or email now to get started.SettlementsWhen victims win their asbestos lawsuits, they are awarded compensation from companies that knowingly exposed them to dangerous substances. This money is meant to help the family members of the victim financially for the financial loss resulting from the asbestos exposure. Compensation may cover the pain and suffering.Asbestos cases are often settled rather than going to trial, as it is easier and cheaper for defendant companies to settle the matter in this manner. Settlements also prevent negative publicity that may come from a trial verdict. It is crucial to choose an experienced mesothelioma attorney which has the experience of obtaining maximum damages for their clients.Mesothelioma lawsuits are complex and require lawyers to conduct extensive research on their client's past work history, medical records and asbestos exposure. They can help clients identify asbestos-producing companies who may be the cause of the disease. Lawyers can then collect evidence and use it to construct an effective mesothelioma suit.Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and discovery. Evidence usually comes in the form internal memos, corporate documentation and testimony of former employees who have worked with asbestos-containing products. These documents usually show that asbestos producers were aware of the dangers of mesothelioma and other asbestos-related illnesses however, they didn't tell their workers or the general public.Many states set time limitations known as statutes of limitations, on how long an asbestos victim has to file a lawsuit. The time frames 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, the victims lose their right to be compensated.The amount of money that patients can receive is contingent on their asbestos-disease diagnosis, how severe their condition is, as well as other factors. Attorneys consider treatment costs and other costs when negotiating to ensure that patients have enough money to pay for medical expenses. Asbestos-related victims may also be able to file claims through trust funds that have been established for patients diagnosed with mesothelioma, asbestos-related diseases.Some of these trusts have been closed, but others continue paying out substantial payouts. In 2018 the United States court awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma from working with gaskets produced by John Crane Inc.TrialsTrials are the better option for asbestos victims than settlement offers. Trials can solve 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 particular exposure.In a trial the plaintiffs have to prove that they have the right to damages, including future and past medical expenses such as loss of wages, property damage, pain and suffering, and loss of consortium. hayward asbestos lawyer must also prove their responsibility for the asbestos-related injury. The trial process can be lengthy. In the last decade mesothelioma cases, jury verdicts cases have increased significantly and far exceeded the amount given to settlement cases by judges.A mesothelioma lawyer can assist patients understand how to proceed in the court process and explain their legal rights in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos litigation can be more complicated than car accident cases where it is generally easy to identify the responsible parties. This is especially true if the victim was exposed to more than one type of asbestos and in multiple places. A mesothelioma lawyer with experience can speak with witnesses like co-workers, relatives, abatement workers and suppliers to create a comprehensive database of employers as well as their products and locations.The expense of settling asbestos claims eats up funds that could have been used to fund future cases. Some claimants also believe that settlements should be based on actual injuries and deserve more in compensation.Defense attorneys can argue to dismiss asbestos claims by obtaining summary judgment, or a finding that there was no exposure. These motions, however, require an extensive examination of evidence as well as an expert's opinion that the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. While the process may take time, a qualified mesothelioma lawyer could help to speed up the process and ensure that it does not become part of the aforementioned long backlog of cases in the courts.