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Asbestos Litigation A large portion of asbestos litigation has been handled in courts across the nation. Research has shown that exposure to asbestos can cause lung damage and disease. It is crucial for an attorney to understand how to recognize asbestos-related products in every case. This can be done by talking with co-workers or obtaining records, as well as analyzing samples from homes or work sites. Liability If you or a loved one is diagnosed with an asbestos-related illness, you may be qualified for compensation. Compensation can help with lost wages, medical expenses and other expenses related to mesothelioma and other asbestos-related disease. You can bring a lawsuit, or offer an agreement to the defendants. There are typically several defendants in a case involving asbestos because there are many mining companies who produced asbestos as well as manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that offered services to mines or manufacturers that made use of asbestos or who acted as employers could be held liable for the victims' injuries. Asbestos lawsuits are often categorized under the law of product liability, which are based on the laws of the state and common law which allow damages to be recovered from sellers of goods when the products cause injury. In a lawsuit involving product liability it is claimed that the injuries were caused by defective design or manufacturing and that the person who was injured was not adequately informed about the risks associated with the products. In asbestos cases, defendants often claim that they weren't negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products are linked to a variety of diseases. Additionally, companies that concealed asbestos's dangers to increase profits have been accused of concealing the truth by trying to thwart claims and by trying to block workers from seeking financial compensation for their injuries. A jury or judge can decide how to divide the responsibility among defendants when more than one defendant has been found to be responsible for an asbestos-related injury. This process is called allocation. The apportionment does not alter the amount of compensation the plaintiff can receive from the defendants. Damages A lawsuit filed against a firm that manufactured or sold asbestos-related products can help victims receive compensation for their losses. This includes the cost of medical treatment and lost wages because of being unable to perform their job. Victims may also be eligible for compensatory and punitive damages. The lawsuit asserts that the defendant acted negligently in that it failed to take reasonable precautions to ensure the product was safe for its intended use. It also is alleged that the defendant knew asbestos was dangerous and failed to warn consumers and workers of the danger. A person who has been a victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma are able to make an asbestos lawsuit. A person can start a personal injury suit to seek compensation for non-economic and economic damages, such as emotional stress, loss of enjoyment of life as well as pain and suffering. Family members of someone who has died from an asbestos-related disease can file a wrongful deaths lawsuit. After an asbestos case is filed the parties exchange information in a process called discovery. This process can last some time and may require interviews with family members, coworkers, members, abatement workers, and others to identify potential defendants. It is crucial for plaintiffs to have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm that a victim or their family selects should have an understanding of the unique complexities involved in asbestos litigation, and be acknowledged by defendants and insurance companies for its expertise in these cases. The lawyers at LK have many years of experience representing victims and their families in asbestos lawsuits. pomona asbestos lawyer are renowned for our ability to obtain the highest amount of compensation for our clients. If you have questions about filing an asbestos suit, contact us for a no-cost 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 all over the nation. Contact us today to get started. Settlements If asbestos victims prevail in their cases, they receive compensation for the companies that 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 can also be used to cover the pain and suffering. Asbestos cases often settle instead of going to trial because it is cheaper and easier for defendants to settle the matter this way. Settlements also prevent negative publicity that comes from a trial verdict. It is important to hire an experienced mesothelioma law firm that has experience obtaining maximum damages for their clients. Mesothelioma lawsuits are complicated and require lawyers to conduct thorough research on their client's past work history as well as medical records, and asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the illness. Lawyers can then gather evidence and use it to build a mesothelioma lawsuit that is strong. During pre-trial discovery and depositions mesothelioma lawyers are able to find evidence of asbestos-related companies negligence. The evidence usually comes in the form internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. These documents often show that asbestos producers were aware of the dangers of mesothelioma and other asbestos-related illnesses but did not inform their workers or the general public. A number of states have imposed a time limit, referred to a statute of limitations, on the length of time asbestos victims can bring a lawsuit. The length of time varies by state, but generally range between one and two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, the victims lose their rights to be compensated. The amount of money that victims can receive depends on the asbestos-related diagnosis they receive as well as how serious their condition is, and other factors. Attorneys will consider the cost of treatment and other expenses when negotiating to ensure that patients receive enough money to pay their medical bills. Asbestos victims can also file claims using trust funds, which were created in order to compensate those who've been diagnosed with mesothelioma and other asbestos-related ailments. Certain trusts have been depleted but others continue paying out substantial payouts. For instance, in 2018 the federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma as a result of working with gaskets produced by John Crane Inc. Trials Trials are an option that is better for asbestos victims than settlement offers. Trials can also help to resolve issues that are not resolved through settlement negotiations, for instance the various ways to calculate damages and whether the condition was caused by specific exposures. In a trial plaintiffs must demonstrate that they are entitled to damages, including future and past medical expenses, lost wages, property damage and pain and suffering and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial can be long. In the last decade mesothelioma jury awards have risen dramatically and have significantly exceeded the amount given by judges in settlement cases. A mesothelioma attorney can help patients understand how to proceed through the trial process and can explain their legal rights in a public courtroom. An experienced attorney can help to identify potential defendants. Asbestos cases can be more complicated than car accident litigation where it is generally easy to identify the responsible parties. This is particularly true when the victim was exposed to more than one type of asbestos and at multiple locations. An experienced mesothelioma attorney is able to interview witnesses such as co-workers family members, abatement workers, relatives and suppliers to create a detailed list of companies products, locations and other information. The cost of resolving asbestos claims eats up funds which could be used to pay for future cases. Some claimants are also of the opinion that settlements don't accurately reflect their actual injuries and therefore they should be compensated more. Plaintiffs can challenge dismissal of asbestos claims through summary judgment, or a finding that there was no exposure. These motions need an in-depth examination of the evidence as well as an expert's assessment that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. While the process could be lengthy, a knowledgeable mesothelioma lawyer can help accelerate the process and ensure that it does not become part of the lengthy backlog of cases in courts.