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Asbestos Litigation In the courts across the country, asbestos litigation is a huge issue. Asbestos exposure has been proven to cause lung diseases and damage by research. An attorney should be able to identify asbestos in each case. This can be accomplished by talking to colleagues, collecting records, or analyzing samples taken from homes or workplaces. Liability If you or someone close to you is diagnosed with an asbestos-related condition You may be eligible for compensation. Compensation can be used to pay for the loss of wages, medical expenses and other costs related to mesothelioma. You can make a claim for 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 a variety of mining companies that produce asbestos and manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that offered services to asbestos-using mines or manufacturers or acted in a position of employer could also be held responsible for injuries suffered by victims. Asbestos suits are typically governed by laws governing product liability which are based on state and common laws which permit damages to be recovered from the sellers of products if the products cause injuries. In a suit for product liability, it is alleged the injuries occurred due to defective design or manufacturing and that the person injured wasn't adequately warned about the dangers associated with products. Defendants in asbestos cases often argue that they didn't act in a negligent way and that their products were safe, despite the fact that doctors have long acknowledged that asbestos-containing products can cause various diseases. Companies who concealed asbestos-related risks to make profits were accused of a cover-up. They tried to deny claims and block workers from claiming financial compensation for injuries they sustained. A judge or jury can decide how to allocate the responsibility among defendants when more than one defendant is blamed for an asbestos-related injury. This process is called the apportionment. The apportionment doesn't alter the amount of compensation the plaintiff can receive from the defendants. Damages A lawsuit filed against a company that manufactured or sold asbestos-related products can help victims obtain compensation for the losses they suffered. This includes the cost of medical treatment and lost wages as a result of being unable to perform their job. Victims can also be awarded compensatory and punitive damages. The lawsuit claims that the defendant acted with negligence and did not take reasonable precautions to ensure the product was safe for the intended use. The lawsuit also claims that the defendant knew asbestos could be dangerous, but failed to inform consumers and workers about the risk. An asbestos lawsuit can be filed by a victim or estate of a deceased person from an asbestos-related condition such as mesothelioma. A person may bring a lawsuit for personal injury in order to obtain compensation for economic and other damages that include emotional distress and pain and suffering and loss of enjoyment the life. Family members of someone who has died from an asbestos-related illness can also make a claim for wrongful death. Once an asbestos case has been filed, the parties exchange information via the process known as discovery. This process can take some time and may require interviews with coworkers, family members, abatement workers, and others in order to identify potential defendants. Due to the complexity of asbestos litigation, it is imperative that plaintiffs choose a seasoned lawyer to handle their case. The law firm that the victim or their family selects should be able to understand the unique complexities of asbestos litigation. They should be acknowledged by insurance companies and defendants for their experience. Our lawyers are asbestos litigation experts with years of experience in representing asbestos victims and their families. We are well-known for our expertise to obtain the maximum amount of compensation for clients. Contact us for a no-obligation consultation If you have any concerns about bringing a lawsuit against asbestos. 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. warren asbestos attorney represent clients all over the nation. Contact us by phone or email today to get started. Settlements When asbestos victims win their lawsuits, they receive compensation for the companies that exposed them substances. This money is meant to help the family of the victim in the event of financial losses due to the asbestos exposure. Compensation can help cover the pain and suffering. Asbestos cases are often settled rather than go to trial, as it is more cost-effective and easier for defendant companies to resolve the matter in this manner. Settlements also help avoid negative publicity that may come when a verdict is handed down. It is important to hire an experienced mesothelioma lawyer that has experience obtaining maximum damages for their clients. Mesothelioma cases are extremely complex and lawyers must conduct extensive research on the medical records of their clients, work history, and asbestos exposure. They can help clients identify asbestos-producing firms that could be responsible for the condition. Lawyers can then gather evidence and use it in the preparation of a mesothelioma case that is strong and successful. Mesothelioma lawyers can uncover evidence that asbestos companies were negligent in depositions and discovery. Evidence usually is found in internal memos, corporate documents and statements of former employees who have been exposed to asbestos-containing materials. In many instances documents, they show that asbestos-producing companies knew about the risks of mesothelioma and other asbestos-related diseases but didn't disclose this information to their employees or to the general public. A number of states have set a limitation, also known as a statute of limitations, for how long asbestos-related victims can file a lawsuit. These deadlines vary from state-to-state, however, they are usually between one and two years. If the statute of limitation expires before a lawsuit for mesothelioma is filed the victims will lose their right to compensation. The amount of compensation a victim are entitled to is determined by the severity of their illness as well as their diagnosis and other factors. Attorneys take into account the cost of treatment and other expenses when negotiating to ensure that patients have enough funds to pay for medical expenses. Asbestos-related victims may also be able to file claims through trust funds created for those diagnosed with mesothelioma as well as other asbestos-related diseases. Some of these trusts have been wiped out, but others continue to pay substantial awards. In 2018 the United States court granted $70 million to the family of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc. Trials Asbestos victims who attend trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that aren't possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages, and whether the condition of a victim is caused by an exposure. In a court trial, plaintiffs must show that they have the right to damages, which include future and past medical expenses as well as loss of earnings, property damage as well as pain and suffering and loss of consortium. In addition, the defendant has to show that it is accountable for the asbestos-related injuries. The process of trial can be lengthy. In the past decade, jury awards in mesothelioma cases have risen significantly and have far outstripped the amount that is awarded to settlement cases by judges. A mesothelioma lawyer will help victims understand what to do in the court procedure and will explain their rights under the law in a public courtroom. A qualified lawyer can also help to identify potential defendants. Contrary to litigation involving car accidents where it is typically easy to identify the responsible parties, asbestos cases are more complicated. This is especially true when a person has been exposed to asbestos in more than one location and at different times. A seasoned mesothelioma attorney will interview witnesses, such as coworkers or relatives, abatement workers and suppliers to compile a comprehensive database of employers as well as their products and locations. The expense of settling asbestos claims eats away funds which could have been used to fund future cases. Some claimants are also of the opinion that settlements don't reflect the actual damage and that they should be compensated more. The defendants in asbestos cases may seek to dismiss claims by summary judgment or a finding of no exposure. However the motions must be based on an extensive review of evidence and a professional opinion that the doses measured of asbestos the plaintiff received were not sufficient to cause mesothelioma. While the process can take time, a qualified mesothelioma lawyer can help accelerate the case and make sure that it doesn't become part of the lengthy queue of cases that are awaiting the courts.