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Asbestos Litigation A substantial amount of asbestos-related cases have been handled in courts across the country. Studies have proven that asbestos exposure can cause lung damage and disease. An attorney should be able recognize asbestos in every case. This can be done by speaking with colleagues in the office, collecting records, and taking samples from homes or work sites. Liability You may be entitled to compensation when you or someone you know is diagnosed with a disease that is related to asbestos. Compensation can cover the loss of wages, medical expenses and other expenses related to mesothelioma. You can start a lawsuit to claim compensation or an offer of settlement from the defendants in the case. In asbestos cases, there are typically several defendants since there are many mining companies that produce asbestos and also manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or who acted in the capacity of an employer may also be accountable for injuries sustained by victims. Asbestos-related lawsuits are often categorized under the legal category of law governing product liability, which is founded on state and common laws that allow damages to be recovered against the sellers of products when those products cause injury to. In particular, in a liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or a design defect and that the injured party was not adequately warned about the dangers that could result from using the products. The defendants in asbestos cases typically argue that they did not do anything in a negligent way and that their products are safe, even though doctors have long recognized asbestos-containing products can lead to various diseases. Moreover, companies that hid asbestos's dangers in order to increase profits have been accused of concealing the truth by trying to thwart claims and also to stop workers from seeking financial compensation for injuries they sustained. If more than one defendant is found to be responsible for a victim's asbestos-related injuries the judge or jury could decide how to split the responsibility among them in a process known as allocation. The apportionment process does not affect the amount of compensation that plaintiffs can receive from the defendants. Damages A lawsuit against a company that produced or sold asbestos can help victims receive compensation. This includes the cost of medical treatments for their illness and lost wages due to being unable to work. Victims also may receive compensatory and punitive damages. The lawsuit claims that the defendant acted with negligence which means that it did not take reasonable precautions to ensure the product was safe for its intended use. The lawsuit also asserts that the defendant knew that asbestos could be hazardous and failed to warn workers and consumers about the risk. An asbestos-related lawsuit can be filed by a victim or the estate of a person who has died from an asbestos-related disease like mesothelioma. A person may make a claim for personal injury to seek compensation for other and economic damages like emotional distress and pain and suffering and loss of enjoyment of the life of. In addition, the survivors of a family members of someone who passed away from an asbestos-related illness can bring a wrongful death lawsuit. When an asbestos-related case is filed, both sides share information in the process known as discovery. It can take several months and may include extensive interviews with colleagues, relatives, abatement workers and others to discover potential defendants as well as their asbestos-related products. Due to the complicated nature of asbestos litigation it is important that plaintiffs get an experienced lawyer handle their case. The law firm that the victim or their family selects should be able to be aware of the unique challenges of asbestos litigation. They should also be acknowledged by insurance companies and defendants for their expertise. The attorneys at LK's are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are known for our ability in obtaining maximum compensation for clients. Contact waukesha asbestos lawyer for a free consultation if you have any questions about filing a lawsuit against asbestos. We are committed 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 from all over the country. Contact us today to get started. Settlements When victims win their asbestos lawsuits, they get compensation from companies that knew about and exposed them to hazardous substances. The money is intended to help the victim and their family with the financial burdens resulting from the asbestos exposure. Compensation can also help with the pain and suffering. Asbestos cases are usually settled rather than going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case this way. Settlements also can help prevent the negative publicity that comes with a verdict at trial. It is essential to choose mesothelioma lawyers who have years of experience in obtaining maximum damages for their clients. Mesothelioma cases are incredibly complex, and attorneys must conduct extensive research about their clients' medical records and work history as well as asbestos exposure. They can help clients identify possible asbestos-producing companies that could be the cause for their condition. Lawyers can gather evidence and use it to create a mesothelioma case that is strong and successful. Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence typically comes in the form internal memos, corporate documents, and statements of former employees who worked with asbestos-containing materials. In many cases the documents prove that asbestos-producing companies knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't disclose the information to their employees or to the public. A number of states have set a limit, also known as a statute of limitations, to determine how long asbestos victims are allowed to sue. The durations vary by state, but they typically range between one and two years. If the statute of limitations expires before a mesothelioma case is filed, the victims lose their right to receive compensation. The amount of compensation victims receive is contingent upon the severity of their condition and their diagnosis as well as other factors. Attorneys take into account treatment costs and other costs when negotiating to ensure that patients have enough funds to cover medical expenses. Asbestos sufferers may also be able to file claims through trust funds established for patients diagnosed with mesothelioma and other asbestos-related illnesses. Some trusts are exhausted, but some continue to pay substantial awards. For instance, in 2018 an appeals court in the United States awarded $70 million to the family of an U.S. Navy machinist who developed mesothelioma after working with gaskets produced by John Crane Inc. Trials Asbestos-related victims who go to trial have a much better chance of receiving compensation than those who accept the settlement offer. Trials can also help resolve issues that cannot be resolved through settlement negotiations, for instance differences in how to calculate damages and if the victim's condition was caused by exposures specific to the victim. In a court trial, plaintiffs must show that they have the right to compensation, such as past and future medical expenses and lost wages, property damages or loss of enjoyment, and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process can be long. Over the past 10 years mesothelioma cases, jury verdicts cases have risen dramatically and far exceeded the amount of money awarded to settlement cases by judges. An attorney for mesothelioma can help victims understand the process of trial, and can explain their legal rights before a judge in a public courtroom. A qualified lawyer can also assist in identifying potential defendants. Asbestos cases can be more complex than car accident cases where it is generally simple to identify the responsible parties. This is especially true when a person has been exposed to asbestos in more than one place and at different dates. A knowledgeable mesothelioma lawyer will interview witnesses, such as relatives, coworkers, and abatement workers, to create an inventory of companies, products and the locations. The cost of resolving asbestos claims drains funds which could be used to pay future cases. Some claimants believe that settlements don't accurately reflect their actual injuries and therefore they should be compensated more. Plaintiffs in asbestos cases can argue for dismissal of claims by the process of summary judgment or by a finding of no exposure. These motions need an in-depth examination of the evidence and an expert's opinion on whether the measured asbestos doses received by the plaintiff were not sufficient to cause mesothelioma. Although the process can take time, a qualified mesothelioma lawyer can help speed up the process and ensure that it does not become part of the long queue of cases that are awaiting the courts.