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Asbestos Litigation A large amount of asbestos litigation has been handled in courts across the country. Asbestos exposure is proven to cause lung disease and damage through research. An attorney should be able recognize asbestos in every case. This can be done through talking to colleagues, collecting documents, or analyzing samples taken from homes or workplaces. Liability You may be entitled to compensation If you or someone you care about is diagnosed with a disease related to asbestos. Compensation can cover the loss of wages, medical expenses as well as other expenses associated with mesothelioma. You can file a lawsuit to seek compensation or make an offer to settle the case with the defendants in the case. In asbestos cases, there are generally multiple defendants because there are numerous mining companies that produce asbestos and also manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that supplied services to mines or manufacturers that made use of asbestos or who acted as employers could be held accountable for injuries suffered by victims. Asbestos suits are typically governed by products liability laws which are based on the laws of the state and common law that allow for damages to be recouped from the sellers of products if they cause injury. In a product liability suit, it is alleged the injuries occurred due to defective design or manufacturing and that the person injured was not adequately warned of the dangers associated with 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 are linked to a wide range of ailments. Companies that hid asbestos risks to boost profits were accused of cover-up. They tried to block claims and keep workers from seeking the financial compensation they deserve for their injuries. If more than one defendant is found liable for the asbestos-related injuries sustained by a victim, a judge or jury could decide how to split the burden of responsibility among the defendants in a process referred to as allocation. The apportionment does not affect the amount of compensation that the plaintiff may receive from the defendants. Damages A lawsuit against a business that produced or sold asbestos could help victims recover compensation. This includes the cost for medical treatment and lost wages as a result of being unable their job. Victims may also receive punitive and compensatory damages. The lawsuit asserts that the defendant acted with negligence, meaning it did not take reasonable precautions to ensure that the product was safe for its intended use. It also is alleged that the defendant knew asbestos was a danger and did not inform consumers and workers of the danger. An asbestos-related lawsuit can be filed by a person who has suffered the loss or the estate of a person who died from an asbestos-related illness like mesothelioma. A person can file a lawsuit for personal injury to seek compensation for damages arising from economic or other causes like emotional distress as well as pain and suffering and loss of enjoyment the life. In addition, the surviving family of someone who died due to an asbestos-related illness may file a wrongful death lawsuit. After an asbestos case is filed the parties exchange information in a process called discovery. This process can take some time and may require interviews with coworkers, family members, abatement workers, and others to identify potential defendants. Due to the complexity of asbestos litigation, it is important that plaintiffs get an experienced lawyer to handle their case. The law firm that a victim or their family selects should have an understanding of the unique complexities of asbestos litigation and be acknowledged by insurers and defendants for its expertise in asbestos cases. Our lawyers are asbestos litigation experts who have years of experience representing asbestos victims and their families. We are known for our ability in obtaining the highest compensation for our clients. If you have questions about filing an asbestos lawsuit, please contact us for a free consultation. 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 across the nation. Contact us by phone or email today to begin. Settlements If asbestos victims prevail in their lawsuits, they are awarded compensation for the companies that exposed them to dangerous substances. This money is meant to help the victim's family and friends with financial losses resulting from the asbestos exposure. Compensation can be used to cover the pain and suffering. Asbestos cases usually settle instead of going to trial because it is less expensive and easier for the defendant company to settle the case in this way. Settlements can also help avoid the negative publicity that can come when a jury verdict is handed down. It is crucial to select an attorney for mesothelioma who has expertise in obtaining the highest amount of damages for their clients. Mesothelioma lawsuits are a bit more complicated and require lawyers to conduct thorough research on their client's work history, medical records and asbestos exposure. They can help clients identify potential asbestos-producing companies that could be the cause of their condition. Lawyers can gather evidence and use it in the preparation of a strong mesothelioma lawsuit. Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and discovery. Evidence usually comes in the form of internal memos, corporate documentation and statements of former employees who worked with asbestos-containing material. In many instances the documents prove that asbestos-producing companies knew about mesothelioma's risks and other asbestos-related illnesses but did not disclose this information to their employees or the public. A number of states have set a time limitation, also known as a statute of limitations for how long asbestos victims can make a claim. These deadlines vary from state to state, however, they are usually between one and two years. If the statute of limitation expires before a suit for mesothelioma is filed victims will lose the right to compensation. The amount of compensation a victim can 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 funds to cover medical expenses. Asbestos victims may also file claims using trust funds that were established to compensate those who have been diagnosed with mesothelioma or any other asbestos-related diseases. Some trusts are closed, while some continue to pay significant awards. In 2018 the United States court granted $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma due to gaskets manufactured by John Crane Inc. Trials Asbestos sufferers who go to trial have a much better chance of receiving compensation than those who accept a settlement offer. Trials can resolve issues that are not resolvable through settlement negotiations. For example, differences in the calculation of damages and whether a victim's condition is caused by an exposure. In santa monica asbestos lawsuit of law, plaintiffs be required to prove that they are entitled to damages, including past and future medical costs and lost wages, damages to property as well as discomfort and pain and loss in consortium. In addition, the defendant must show that it is accountable for the asbestos-related injury. The trial process can be lengthy. In the last 10 years mesothelioma jury awards have risen significantly and have much exceeded the amount that is awarded by judges in settlement cases. A mesothelioma lawyer can assist patients understand how to proceed during the trial process and also explain their legal rights in a courtroom that is open to the public. A lawyer with experience can also assist in identifying potential defendants. Asbestos cases are more complex than litigation involving car accidents, where it is generally easy to identify the responsible parties. This is especially true if someone was exposed more than one type of asbestos and in various locations. A mesothelioma lawyer with experience can interview witnesses such as co-workers and relatives, abatement workers and suppliers to create a comprehensive list of companies, products and locations. The expense of settling asbestos claims drains funds that could have been used to fund future cases. Some claimants also believe that settlements don't reflect actual injuries and they should be compensated more. In asbestos cases, defendants can contest claims to dismiss them by summary judgment or a conclusion of no exposure. However they must be able to provide an exhaustive review of the evidence and an expert's opinion that the doses of asbestos the plaintiff received were not sufficient to cause mesothelioma. While the process could take a while, a seasoned mesothelioma lawyer can help accelerate the process and make sure that it doesn't become part of the aforementioned long backlog of cases in the courts.