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Asbestos Litigation A substantial amount of asbestos cases have been handled in courts across the country. Asbestos exposure has been shown to cause lung diseases and damage by research. An attorney must be able identify asbestos in each case. This can be done through speaking to colleagues, obtaining records, or analyzing samples from homes or workplaces. Liability If you or a loved one is diagnosed with an asbestos-related illness you may be eligible for compensation. Compensation can cover lost wages medical costs, and other costs associated with mesothelioma or another asbestos-related illness. You can start a lawsuit to claim compensation or a settlement offer from the defendants in the case. In asbestos cases, there are usually multiple defendants due to the fact that there are numerous mining companies that produce asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines or manufacturers or in an employer capacity could be held accountable for the injuries of victims. Asbestos lawsuits usually fall under the legal category of law governing product liability, which is founded on state and common laws that allow damages to be awarded against manufacturers of products if the products cause injuries. In particular, in a liability lawsuit, it is claimed that the injuries were caused by mismanufacture or a defective design, and the person injured wasn't adequately warned of the risks associated with using the products. In asbestos cases, defendants frequently claim that they were not negligent and that their products are safe. This is in spite of the fact that doctors have long known that asbestos-containing products can lead to a range of illnesses. Moreover, companies that hid asbestos's dangers in order to increase profits have been accused of attempting to cover up by trying to thwart claims and by trying to stop workers from seeking financial compensation for their injuries. If more than one defendant is found to be liable for the victim's asbestos-related injuries the judge or jury could decide how to split the burden of responsibility among them in a process called apportionment. The apportionment of liability does not affect the total amount that the plaintiff may receive as compensation from the defendants in the case. Damages A lawsuit against a business that produced or sold asbestos can assist victims to recover compensation. This includes the expense of medical treatment for their condition as well as the loss of earnings due to the inability to work. Victims may also be eligible for compensatory and punitive damages. The lawsuit alleges that the defendant was negligent, meaning that it failed to take reasonable steps to ensure that 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 this risk. The estates or victims of people who have died from asbestos-related illnesses like mesothelioma may file an asbestos lawsuit. A person can start a lawsuit claiming personal injury to claim compensation for economic and other damages like emotional distress or pain and suffering and loss of enjoyment of the life of. Family members who have survived someone who died due to an asbestos-related illness can also make a claim for wrongful death. After an asbestos lawsuit is filed and the parties exchange information during a process called discovery. This process can last several months and may require interviews with family members, coworkers, members, abatement workers and others to determine potential defendants. Due to the complexity of asbestos litigation it is essential that plaintiffs get an experienced lawyer handle their case. The law firm that the victim, or their family, chooses must understand the unique complexities of asbestos litigation. They should be recognized by insurance companies as well as defendants for their experience. The lawyers at LK are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are recognized as a firm that can secure the maximum amount of compensation to our clients. If you have any questions regarding filing an asbestos lawsuit, contact us for a no-cost consultation. We are committed to fighting for justice on behalf of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Call or email us today to begin. Settlements If asbestos victims win their lawsuits, they are awarded compensation from the companies which exposed them to harmful substances. This money is meant to help the victim's family and friends in the event of financial losses due to the asbestos exposure. Compensation may also cover the cost of suffering and pain. Asbestos cases are often settled instead of going to trial because it is less expensive and easier for defendant companies to settle the case this way. columbus asbestos law firm can help prevent the negative publicity that comes with a verdict in a trial. It is crucial to find an attorney for mesothelioma who has years of experience in obtaining maximum damages on behalf of their clients. Mesothelioma cases are complicated and lawyers must conduct extensive research into their clients' medical records, work history and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause of their illness. Lawyers can gather evidence and use it to create a mesothelioma case that is strong and successful. Mesothelioma attorneys can uncover evidence that asbestos companies were negligent during depositions and discovery. The evidence typically is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many cases the documents prove that asbestos producers knew about mesothelioma's risks and other asbestos-related diseases but did not disclose this information to their employees or to the public. Many states have imposed a time limitation, also known as a statute of limitations, to determine how long asbestos-related victims can sue. The length of time varies by state, but typically vary from one to two years. If the statute of limitations expires before a suit for mesothelioma is filed victims will lose their right to compensation. The amount of compensation a victim are entitled to is determined by the severity of their condition as well as their diagnosis and other factors. Attorneys consider treatment costs and other costs when trying to make sure that patients receive enough funds to pay their medical bills. Asbestos victims might also be able to claim through trust funds established to help those diagnosed with mesothelioma as well as other asbestos-related diseases. Some of these trusts are empty, while others continue to award huge amounts of money. In 2018 the federal court awarded $70,000,000 to the family of a U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets manufactured by John Crane Inc. Trials Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that aren't possible to resolve through settlement negotiations. For example, differences in the calculation of damages, and the extent to which a person's condition is caused by a specific exposure. In a court of law, plaintiffs will need to prove they are entitled to damages, including past and future medical expenses, lost wages, damage to property, pain and discomfort, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial can be long. In the last 10 years mesothelioma cases, jury awards have increased significantly and have significantly exceeded the amount given by judges in settlement cases. A mesothelioma lawyer can assist victims understand what to do in the court process and also explain their legal rights in a courtroom with an open door. A qualified lawyer can also assist in identifying potential defendants. In contrast to car accident litigation which is usually easy to determine the responsible individuals involved, asbestos litigation are more complicated. This is particularly true when someone has been exposed to asbestos in more than one location and at different dates. An experienced mesothelioma attorney is able to interview witnesses like coworkers or relatives, abatement workers and suppliers to compile an exhaustive list of companies, products and locations. There is growing concern that the expense of settling claims of asbestos victims who have been in the past has a negative impact on funds that could be used to fund future cases. Some claimants are also of the opinion that settlements do not accurately reflect their actual injuries and therefore they should be compensated more. Defendants in asbestos cases can contest claims to dismiss them by the process of summary judgment or by a finding of no exposure. These motions need a thorough examination of the evidence as well as an expert's opinion that the doses of asbestos measured by the plaintiff were not sufficient to cause mesothelioma. Although the process can be lengthy, a knowledgeable mesothelioma lawyer can assist to accelerate the process and ensure that it doesn't be added to the long queue of cases that are awaiting the courts.