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Asbestos Litigation In the courts across the nation asbestos litigation is a huge issue. Research has proved that exposure to asbestos can cause lung damage and cause disease. An attorney must be able to identify asbestos in every case. This can be accomplished by talking to colleagues, collecting documents, or analyzing samples from homes or workplaces. Liability You could be eligible for compensation if you or someone you care about is diagnosed with a disease that is related to asbestos. Compensation may cover lost wages, medical expenses as well as other expenses associated with mesothelioma. You can either file a lawsuit or offer an agreement to the defendants. In asbestos cases, there will be several defendants since there are a variety of mining companies that produce asbestos as well as manufacturers of products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provide services to asbestos-using mines, manufacturers or acted in the capacity of an employer may also be accountable for injuries suffered by victims. Asbestos lawsuits typically fall into the legal category of product liability law which is built on state and common laws that allow damages to be awarded against the sellers of products when those products cause injury to. In particular, in a liability lawsuit, it is claimed that the injuries were caused by mismanufacture or a design defect and that the victim wasn't adequately warned of the risks that came with using the products. Defendants in asbestos cases often claim that they did not act recklessly and that their products were safe, even though doctors have long acknowledged that the use of asbestos-containing products can lead to various illnesses. In columbia asbestos lawsuit , companies who concealed asbestos's dangers to boost profits have been accused of concealing the truth by attempting to suppress claims and attempting to block 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 jury or judge could decide how to split the burden of responsibility among the defendants in a process referred to as the apportionment. The apportionment does not affect the total amount of money a plaintiff could receive as compensation from the defendants in the case. Damages A lawsuit brought against a company that manufactured or sold asbestos products can help victims receive compensation for the losses they suffered. This includes the cost for medical treatment and lost wages as a result of being unable their job. Victims could also be awarded punitive and compensatory damages. The lawsuit claims that the defendant was negligent, meaning that it did not take reasonable steps to ensure that the product was safe for the intended use. It also is alleged that the defendant knew asbestos was dangerous and failed to warn workers and consumers of this risk. An asbestos lawsuit could be filed by a person who has suffered the loss or the estate of a person who has died due to an asbestos-related illness, such as mesothelioma. A person can bring a lawsuit for personal injury to seek compensation for economic and other damages including emotional distress and pain and suffering and loss of enjoyment of the life. In addition, the survivors of a family members of a deceased person from an asbestos-related disease may pursue a wrongful-death lawsuit. When an asbestos-related case is filed and the parties communicate information through a process known as discovery. This process can last several months and may involve 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 hire an experienced lawyer handling their case. The law firm that the victim or their family chooses must be able to comprehend the unique complexities of asbestos litigation. They should be recognized 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 renowned for our success in obtaining maximum compensation for our 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 in Salt Lake City, Utah and Houston, Texas. We represent clients throughout the United States. Contact us by phone or email today to start your journey. Settlements If asbestos victims prevail in their lawsuits, they receive compensation for the companies which exposed them to harmful substances. The money is intended to assist the family of the victim in the event of financial losses due to the asbestos exposure. Compensation can also be used to cover the pain and suffering. Asbestos cases usually settle instead of going to trial, because it is cheaper and easier for defendant companies to settle the matter in this manner. Settlements also reduce the negative publicity that may come when a verdict is handed down. It is essential to choose an experienced mesothelioma attorney with experience in obtaining maximum damages for their clients. Mesothelioma cases are extremely complex and lawyers must conduct extensive research on their clients' medical records and work history as well as asbestos exposure. They can help clients identify asbestos-producing businesses that could be the cause of the disease. Lawyers can then gather evidence and use it to create a mesothelioma case that is strong and successful. Mesothelioma lawyers can discover evidence that asbestos companies were negligent during depositions and discovery. The evidence usually is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing materials. In many cases, these documents show that asbestos manufacturers were aware of the risks of mesothelioma and other asbestos-related ailments, however, they did not communicate this information to their workers or the general public. Many states set time limits, called statutes of limitations on the time an asbestos victim must start a lawsuit. These time periods vary from state to state, but typically range between one and two years. If the statute of limitation expires before a case for mesothelioma has been filed, victims will lose the right to receive compensation. The amount of money that victims receive will depend on their asbestos-disease diagnosis the severity of their condition is, and other aspects. Attorneys look at treatment costs and other expenses during negotiations to ensure that patients receive enough money to pay for their medical expenses. Asbestos sufferers can also file claims with trust funds, which were created to compensate those who have been diagnosed with mesothelioma or other asbestos-related ailments. Some of these trusts have been depleted but others continue paying out substantial payouts. In 2018 the United States court awarded $70,000,000 to the family of an U.S. Navy machinist diagnosed with mesothelioma due to working with gaskets produced by John Crane Inc. Trials Asbestos-related victims who go to trial have a greater chance of receiving compensation than those who accept an offer to settle. Trials can resolve issues that aren't easily resolved through settlement negotiations. For instance, there are differences in the calculation of damages and the possibility that a patient's condition was caused by a specific exposure. In a trial the plaintiffs must prove that they are entitled to damages, such as past and future medical expenses and loss of earnings, property damage, pain and suffering, and loss of consortium. The defendant must also prove its responsibility for the asbestos-related injury. The process of trial is usually long. In the last 10 years, jury awards in mesothelioma cases have increased significantly, and are far more than the amount that is awarded to settlement cases by judges. A mesothelioma lawyer can assist victims understand the process of trial, and can explain their legal rights in a courtroom that is open to the public. An experienced attorney can assist in identifying potential defendants. Unlike car accident litigation where it's usually easy to identify the responsible individuals involved, asbestos litigation can be more complex. This is especially the case when the victim was exposed to more than one kind of asbestos in various locations. An experienced mesothelioma lawyer is able to interview witnesses, including relatives, coworkers, or abatement workers, to create a database of the companies, products, and locations. The expense of settling asbestos claims eats away funds which could have been used to pay future cases. In addition, some claimants believe that settlements should be basing on actual injuries and should be compensated more. Plaintiffs in asbestos cases can fight to have claims dismissed by summary judgment or a determination of no exposure. However, these motions require a thorough review of the evidence and a professional opinion that the doses of asbestos the plaintiff received were insufficient to cause mesothelioma. Although the process can take time, a skilled mesothelioma lawyer can help accelerate the case and ensure that it doesn't become part of the lengthy queue of cases that are awaiting the courts.