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Asbestos Litigation In the courts across the country asbestos litigation has been a significant issue. Asbestos exposure has been proved to cause lung damage and lung disease through research. An attorney must be able to identify asbestos in each case. This can be done through discussing with colleagues, obtaining reports, or looking at samples taken from home or workplaces. Liability You could be eligible for compensation if you or someone you love has been diagnosed with a disease that is related to asbestos. Compensation can cover medical expenses, lost wages and other expenses related to mesothelioma. You can choose to file a lawsuit or offer a settlement to the defendants. In asbestos cases, there will be 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. Furthermore, companies who offered services to mines or manufacturers that made use of asbestos or who were employers could be held responsible for injuries to victims. Asbestos lawsuits often fall under the legal category of product liability law which is based on state and common laws that allow damages to be recovered against producers of products if those products cause injuries. Specifically, in a product liability lawsuit, it is claimed that the injuries were caused by manufacturing errors or a defective design, and the person who suffered injury wasn't adequately warned of the risks that came with using the products. In asbestos cases, defendants usually claim that they were not negligent and that their products are safe. This is despite the fact that doctors have long known that asbestos-containing products can lead to a variety of diseases. Companies that concealed asbestos risks to increase profits were accused of cover-up, as they tried to deny claims and block workers from seeking an amount of compensation for their injuries. If more than one defendant is found liable for the victim's asbestos-related injuries the judge or jury may determine how to divide the responsibility between them in a process called the apportionment. The apportionment does not affect the amount of compensation the plaintiff may receive from the defendants. Damages A lawsuit against a business that made or sold asbestos could help victims receive compensation. This includes the cost of medical treatment for their condition and lost wages due to inability to work. Victims also may receive compensatory and punitive damages. The lawsuit alleges that the defendant acted negligently, meaning it did not use reasonable care to ensure the product was safe for the intended use. The lawsuit further alleges that the defendant knew asbestos could be dangerous and failed inform consumers and workers about the dangers. A victim or the estates of those who have passed away from asbestos-related illnesses such as mesothelioma are able to file an asbestos lawsuit. A person can start a personal injury suit to seek compensation for non-economic and economic damages, including emotional stress, loss of enjoyment of life, and suffering and pain. Family members who are survivors of someone who died due to an asbestos-related illness may also file a wrongful deaths lawsuit. After an asbestos case is filed, the parties exchange information via a process called discovery. This process can last several months and may require interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants. It is crucial that plaintiffs have an experienced attorney handling their case because of the complexity of asbestos litigation. The law firm a victim, or their family, chooses must be able to understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for their experience. Our lawyers have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability to get the maximum amount of compensation for our clients. Contact us for a complimentary consultation for any questions about filing a lawsuit against asbestos. We are dedicated to fighting for justice on behalf 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 via email or phone today to start your journey. Settlements When asbestos victims win their lawsuits, they receive compensation for the companies that exposed them substances. The money is intended to compensate the victim as well as their family members for financial losses caused by asbestos exposure. Compensation can also help with pain and suffering. Asbestos cases are typically settled rather than going to trial. This is due to the fact that it's easier and cheaper for the defendant companies to settle the case in this manner. Settlements also reduce the negative publicity that could be associated with a trial verdict. It is crucial to choose an experienced mesothelioma attorney that has experience obtaining maximum damages for their clients. Mesothelioma lawsuits are complicated and require attorneys to conduct extensive research on their client's work history, medical records, and asbestos exposure. They can assist clients in identifying possible asbestos-producing companies that could be the cause of their illness. The lawyers can then collect evidence to use in a mesothelioma lawsuit that is strong. Mesothelioma lawyers can discover evidence that asbestos companies were negligent in depositions and discovery. Evidence usually comes from internal memos, corporate documents and statements of former employees who have worked with asbestos-containing products. In many cases documents, they show that asbestos manufacturers knew about the risks of mesothelioma and other asbestos-related diseases, but did not disclose this information to their employees or the public. Many states set time limitations also known as statutes or limitations that define how long an asbestos victim must file a lawsuit. concord asbestos attorney vary from state-to-state, but typically range between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit can be filed, the victims lose their rights to receive compensation. The amount of compensation that victims will receive is based on the severity of their condition the diagnosis, as well as other factors. Attorneys take into account the cost of treatment and other expenses when negotiating to ensure that patients have enough money for their medical bills. Asbestos-related victims can also file claims with trust funds which were created to compensate people who have been diagnosed with mesothelioma or any other asbestos-related illnesses. Some trusts are empty, while others still pay large amounts of money. In 2018 the United States court granted $70,000,000 to the family of an U.S. Navy machinist diagnosed mesothelioma after working with gaskets manufactured by John Crane Inc. Trials Asbestos victims who go to trial have a much better chance of receiving compensation than those who accept a settlement offer. Trials can resolve issues that aren't resolvable through settlement negotiations. For example, differences in the calculation of damages and whether a victim's condition is due to a specific exposure. In a court of law, plaintiffs be required to prove that they are entitled damages, including past and future medical costs, lost wages, damage to property or property, pain and discomfort and loss in consortium. The defendant must also prove their responsibility for the asbestos-related injuries. The trial process is often long. Over the past 10 years, jury awards in mesothelioma cases have increased significantly, and are far more than the amount that is awarded to settlement cases by judges. A mesothelioma lawyer can assist victims understand how to proceed in the court process and explain their legal rights in a courtroom with an open door. 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 the responsible parties. This is especially true when someone was exposed more than one type of asbestos and in multiple locations. A knowledgeable mesothelioma lawyer will interview witnesses, such as coworkers, relatives and asbestos workers, to build a database of companies, products and places. There is a growing concern the expense of settling claims from asbestos victims in the past is draining funds which could be used to pay for future cases. Furthermore, some claimants believe that settlements aren't founded on actual injuries and therefore deserve more compensation. Defendants in asbestos cases can contest claims to dismiss them through summary judgment or a determination of no exposure. These motions require a thorough examination of the evidence and an expert's assessment that the measured asbestos doses received by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can speed up the process and keep the case from becoming a part of the backlog in the courts.