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Asbestos Litigation In courts all over the country, asbestos litigation has been a significant issue. Studies have proven that exposure to asbestos can cause lung damage and cause disease. It is important for attorneys to know how to spot asbestos products in each case. This can be done by talking to co-workers, getting reports, or looking at 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 assist with the loss of wages medical costs, and other expenses related to mesothelioma and other asbestos-related disease. You may choose to bring a lawsuit, or offer an offer of settlement to the defendants. In asbestos cases, there are typically multiple defendants because there are many mining companies that produce asbestos and also manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or in a position of employer could also be liable for injuries sustained by 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 sellers of products if those products cause injury to. In a suit for product liability where the injuries were caused due to defective design or manufacturing and that the injured person was not adequately warned about the dangers of the products. In asbestos cases, defendants often argue that they were not negligent and that their products are safe. This is in spite of the fact that doctors have known for years that asbestos-containing products can lead to a myriad of illnesses. Companies that concealed asbestos risks to make profits were accused of cover-up as they sought to suppress claims and prevent workers from seeking the financial compensation they deserve for their injuries. A jury or judge can decide how to divide the burden of responsibility between defendants if more than one defendant has been found to be responsible for an asbestos-related injury. This is known as the apportionment. The apportionment process does not alter the amount that a plaintiff may receive as compensation from the defendants in the case. Damages A lawsuit against a company that manufactured or sold asbestos could assist victims to recover compensation. This includes the cost of medical treatment and lost wages as a result of being unable to do their job. Victims may also be eligible for compensatory and punitive damages. The lawsuit alleges that the defendant acted negligently, meaning that it didn't take reasonable steps to ensure that the product was safe for the intended use. It is also claimed that the defendant knew asbestos was a risk and failed to warn workers and consumers of this risk. The estates or victims of people who have died from asbestos-related diseases like mesothelioma can bring an asbestos lawsuit. A person can make a claim for personal injury in order to obtain compensation for economic and other damages like emotional distress, pain and suffering, and loss of enjoyment of the life of. Family members who are survivors of those who have died due to an asbestos-related condition can file a wrongful deaths lawsuit. After an asbestos case is filed and the parties exchange information during a process called discovery. This process can last for a long time and could require lengthy interviews with coworkers or relatives, abatement employees and others in order to identify potential defendants and their asbestos-related products. It is crucial for plaintiffs to choose an experienced attorney handling their case due to of the complexity of asbestos litigation. The law firm that a victim or their family selects should be aware 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 with decades of experience representing asbestos victims and their families. We are renowned for our ability to obtain the maximum amount of compensation for our clients. Contact us for a complimentary consultation if you have any questions about filing a lawsuit involving asbestos. We are dedicated to fighting for justice in the best interests of our clients. Our offices are in Salt Lake City, Utah and Houston, Texas. We represent clients across the country. Contact us via phone or email now to get started. Settlements When asbestos victims win their cases, they receive compensation from the companies which exposed them to harmful substances. The money is intended to compensate the victim as well as his or her family for financial losses caused by asbestos exposure. Compensation can also be used to cover the cost of suffering and pain. Asbestos cases are typically settled rather than going to trial. This is due to the fact that it's more affordable and easier for the defendant companies to settle the case in this manner. Settlements also prevent negative publicity that may come from a trial verdict. It is crucial to choose an experienced mesothelioma attorney who has experience obtaining the highest damages for their clients. Mesothelioma lawsuits are complex and require lawyers to conduct extensive research into the history of their clients' employment, medical records, and asbestos exposure. They can help clients identify asbestos-producing companies that could be responsible for the condition. Lawyers can then gather evidence and use it to create a mesothelioma case that is strong and successful. During pre-trial discovery and depositions mesothelioma lawyers will uncover evidence of asbestos-related companies' negligence. The evidence usually comes in the form of internal memos, corporate documents and testimony from former employees who worked with asbestos-containing substances. In many cases the documents prove that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related diseases but did not divulge this information to their employees or to the general public. Many states set time limitations also known as statutes or limitations, on how long asbestos victims have to make a claim. The durations vary by state, but they typically vary between one and two years. If the statute of limitations expires before a mesothelioma suit is filed, the victims lose their right to compensation. The amount victims can receive depends on their asbestos-disease diagnosis, how severe their condition is, and other aspects. Attorneys take into account the cost of treatment and other costs when trying to make sure that patients have enough money to pay their medical bills. Asbestos sufferers may also be able to file claims through trust funds set up for those who have been diagnosed with mesothelioma and other asbestos-related illnesses. Some of these trusts are empty, while others continue to pay out huge amounts of money. For example, in 2018 the federal jury awarded $70 million to the family of an U.S. Navy machinist who developed mesothelioma after working with gaskets manufactured by John Crane Inc. Trials Trials are the better option for asbestos victims than settlement offers. pleasanton asbestos lawsuit can also help settle issues that are not resolved through settlement negotiations, like differences in the method of calculating damages and whether the condition was caused by a specific exposure. In a court trial the plaintiffs have to prove that they have the right to compensation, such as past and future medical expenses, lost wages, property damages as well as pain and suffering and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process is often long. In the past decade mesothelioma juries' awards have risen significantly and have significantly exceeded the amount given by judges in settlement cases. A mesothelioma lawyer can assist victims understand the steps to take during the trial process and explain their legal rights in a courtroom with an open door. A lawyer with experience can also assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to determine the responsible individuals involved, asbestos litigation can be more complex. This is especially true if a person was exposed to more than one kind of asbestos in multiple locations. A seasoned mesothelioma attorney will interview witnesses such as co-workers family members, abatement workers, relatives and suppliers to compile an extensive list of companies, products and locations. There is a growing concern that the cost of settling claims from asbestos victims in the past is draining funds that could be used to pay for future cases. Some claimants also believe that settlements are not based on actual injuries and therefore deserve more compensation. Plaintiffs can challenge dismissal of asbestos claims with summary judgment, or a finding that there was no exposure. However these motions require a thorough review of the evidence and an expert's view that the doses of asbestos that plaintiffs received were not sufficient to cause mesothelioma. While the process could take a while, a seasoned mesothelioma lawyer could help to accelerate the case and make sure that it doesn't become part of the aforementioned long queue of cases that are awaiting the courts.