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Asbestos Litigation A large portion of asbestos-related litigation has been handled in courts across the nation. Research has proven that asbestos exposure can cause lung damage and cause disease. It is vital for an attorney to understand how to identify asbestos-related materials in each case. This can be accomplished by chatting with colleagues collecting records, or studying samples from home or work sites. Liability You could be eligible for compensation If you or someone you love is diagnosed with a disease related to asbestos. Compensation can assist with the loss of wages medical expenses, as well as other costs associated with mesothelioma, or any other asbestos-related disease. You can file a lawsuit to seek compensation or make a settlement offer from the defendants in the case. In asbestos cases, there are generally several defendants since there are a variety of mining companies that manufacture asbestos and manufacturers of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or in an employer capacity could be held accountable for the injuries of victims. Asbestos lawsuits are often categorized under laws governing product liability which are based on common and state laws that allow for damages to be recovered from sellers of goods when those products cause injury. In a lawsuit involving product liability, it is alleged the injuries occurred due to an ineffective design or fabrication, and that the victim wasn't adequately warned about the dangers associated with products. In asbestos cases, defendants often argue that they did not behave in a negligent way and that their products are safe, despite the fact that doctors have long recognized asbestos-containing products is linked to various diseases. Companies that hid asbestos dangers to increase profits were accused of a 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 to be liable for asbestos-related injuries suffered by a victim the judge or jury may determine how to divide the responsibility between them through a process known as allocation. The apportionment process does not alter the amount of compensation that the plaintiff is entitled to from the defendants. Damages A lawsuit against a company which manufactured or sold asbestos can aid victims in recovering compensation. This includes the cost for medical treatment and lost wages as a result of being unable their job. Victims may also receive compensation and punitive damages. The lawsuit claims that the defendant acted negligently which means that it did not use reasonable care to ensure that the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was dangerous and failed to warn workers and consumers of this risk. A person who has been a victim or the estates of those who have passed away from asbestos-related diseases such as mesothelioma can file an asbestos lawsuit. A person can start a personal injury suit to seek compensation for economic and non-economic damages, including emotional distress and loss of enjoyment of life as well as suffering and pain. In addition, the survivors of a family of someone who died from an asbestos-related disease can file a wrongful death lawsuit. After an asbestos case is filed the parties share information in the process known as discovery. This may take a few months and may involve lengthy interviews with coworkers or relatives, abatement employees and others to discover possible defendants and their asbestos-related products. It is essential for plaintiffs to have an experienced lawyer handling their case because of the complexity of asbestos litigation. The law firm a victim, or their family, chooses should understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies and defendants for their expertise. Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our skill in obtaining the highest compensation for clients. Contact us for a complimentary consultation should 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 located in Salt Lake City, Utah and Houston, Texas. We represent clients from all over the country. Call or email us today to get started. Settlements If asbestos victims prevail in their lawsuits, they get compensation from companies that knowingly exposed them to dangerous substances. The money is meant to provide the victim and his or her family members for the financial losses resulting from asbestos exposure. Compensation can also cover pain and suffering. Asbestos cases are typically settled rather than going to trial. This is because it is more cost-effective and easier for the defendant companies to settle the case this way. Settlements also avoid negative publicity that comes with a trial verdict. It is crucial to select an attorney for mesothelioma who has prior experience in obtaining the maximum amount of damages for their clients. Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct thorough research on their client's employment history, medical records, and asbestos exposure. They can help clients identify potential asbestos-producing companies that may be the cause of their condition. Lawyers can then gather evidence and use it to create a strong mesothelioma lawsuit. During north charleston asbestos lawyer -trial discovery, depositions and pre-trial depositions mesothelioma lawyers are able to find evidence of asbestos-related companies' negligence. Evidence typically comes in the form internal memos, corporate documents and statements of former employees who have been exposed to asbestos-containing materials. In many instances, these documents show that asbestos manufacturers were aware of the dangers of mesothelioma and other asbestos-related diseases, however, they did not communicate the information to their employees or to the general public. A number of states have set a limit, known as a statute of limitations, to determine how long asbestos-related victims can file a lawsuit. These time periods vary from state-to-state, but are typically between one and two years. If the statute of limitations expires before a mesothelioma case is filed, the victims lose their right to a fair settlement. The amount of compensation a victim receive is contingent upon the severity of their condition the diagnosis, as well as other factors. Attorneys consider treatment costs and other expenses when trying to make sure that patients receive enough funds to cover medical expenses. Asbestos sufferers may also be able to file claims through trust funds set up for patients diagnosed with mesothelioma, asbestos-related diseases. Some trusts are depleted, but some continue to pay significant awards. For example, in 2018 an appeals court in the United States awarded $70 million to the family of the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets produced by John Crane Inc. Trials Trials are an option that is better for asbestos victims than settlement offers. Trials can also help in resolving problems that cannot be resolved through settlement negotiations, including the different methods of calculating damages and whether the condition was caused by exposures specific to the victim. In a court of law, plaintiffs will be required to prove that they are entitled damages, including past and future medical expenses and lost wages, damages to property as well as discomfort and pain and loss in consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process is typically long. In the last decade mesothelioma cases, jury awards have increased significantly and have far exceeded the amount awarded by judges in settlement cases. A mesothelioma lawyer can help victims understand the steps to take in the trial process and also explain their rights under the law in a courtroom with an open door. A qualified attorney can also assist in identifying potential defendants. Asbestos cases are more complicated than litigation involving car accidents, where it is generally easy to identify the parties responsible. This is especially true if an individual has been exposed to asbestos in multiple places and at different times. An experienced mesothelioma lawyer can interview witnesses, such as relatives, coworkers, or asbestos workers, to build an inventory of employers, products, and the locations. There is growing concern that the cost of settling claims of asbestos victims who have been in the past has a negative impact on funds that could be used to pay for future cases. Furthermore, some claimants believe that settlements should be just based on injuries that actually occurred and should be compensated more. Defendants in asbestos cases can fight to have claims dismissed through summary judgment or a determination of no exposure. These motions need an in-depth examination of the evidence as well as an expert's opinion that the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. While the process could take time, a qualified mesothelioma attorney can help accelerate the process and ensure that it does not become part of the long backlog of cases in courts.