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Asbestos Litigation In the courts across the country, asbestos litigation has been a significant issue. Asbestos exposure is proven to cause lung disease and damage by research. It is important that attorneys know how to identify asbestos-related materials in every case. This can be accomplished by talking with co-workers collecting records, or taking samples from homes or work sites. Liability You may be entitled to compensation If you or someone you care about is diagnosed with a disease that is related to asbestos. Compensation may help pay for lost wages, medical expenses and other costs associated with mesothelioma, or any other asbestos-related disease. You can start a lawsuit to claim compensation or a settlement offer from the defendants in the case. There are usually multiple defendants in a case involving asbestos because there are many mining companies that made asbestos and the manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Furthermore, companies who provided services to mines, or manufacturers that used asbestos or who were employers could be held liable for injuries sustained by victims. Asbestos lawsuits usually fall under the legal category of product liability law which is based on common and state laws that allow damages to be recovered against sellers of products if those products cause injuries. In a particular case, in a product liability lawsuit, it is alleged that the injuries were caused by manufacturing errors or defective design and that the injured party was not properly warned of the dangers that could result from using the products. In asbestos cases, defendants frequently claim that they were not negligent and that their products are safe. This is despite the fact that doctors have known for a long time that asbestos-containing products have been linked to a range of illnesses. Furthermore, companies that concealed asbestos's dangers in order to boost profits have been accused of attempting to cover up in attempting to block claims and trying to stop workers from seeking compensation for their injuries. A judge or jury may decide on how to split responsibility between defendants if more than one defendant has been identified as being responsible for an asbestos-related injury. This is known as the apportionment. The apportionment does not affect the amount of compensation that the plaintiff is entitled to from the defendants. Damages A lawsuit against a business that manufactured or sold asbestos can assist victims to recover compensation. This includes the expense of medical treatment for their condition as well as the loss of wages due to being unable to work. Victims also may receive compensatory and punitive damages. The lawsuit alleges the defendant acted negligently, meaning that it did not take reasonable steps to ensure the product was safe for the intended use. It also is alleged that the defendant knew asbestos was dangerous and failed to warn consumers and workers of this risk. The estates or victims of those who have passed away from asbestos-related diseases such as mesothelioma may bring an asbestos lawsuit. A person can start a lawsuit claiming personal injury in order to obtain compensation for other and economic damages, such as emotional distress, pain and suffering, and loss of enjoyment of the life. The surviving family members of those who have died due to an asbestos-related illness can also make a claim for wrongful death. After an asbestos case is filed the parties exchange information during a process called discovery. This can last several months, and may require lengthy interviews with coworkers and relatives, abatement workers, and others to identify potential defendants and asbestos-related products. It is crucial that plaintiffs have an experienced attorney handling their case due to of the complex nature of asbestos litigation. The law firm that a plaintiff or their family selects should have an understanding of the complexities unique to asbestos litigation and be acknowledged by defendants and insurance companies for its experience in these cases. LK's attorneys have years of experience in representing victims and their families in asbestos lawsuits. lowell asbestos attorneys are renowned for our success in obtaining maximum compensation for our clients. If you have any questions about filing an asbestos lawsuit, please contact us for a no-cost consultation. We are committed 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 now to begin. Settlements When asbestos victims win their lawsuits, they are awarded compensation for the companies which exposed them to harmful substances. The money is intended to help the family of the victim in the event of financial losses due to the asbestos exposure. Compensation can be used to cover the pain and suffering. Asbestos cases are often settled rather than going to trial. This is due to the fact that it's less expensive and easier for the defendant companies to settle the case this way. Settlements can also avoid the negative publicity that comes with a verdict at trial. It is important to hire an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients. Mesothelioma cases are complex, and attorneys must conduct extensive research into their clients' medical records as well as their work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that may be the cause of their illness. Lawyers can gather evidence and use it in the preparation of a solid mesothelioma lawsuit. Mesothelioma lawyers can discover evidence that asbestos companies were negligent during discovery and depositions. The evidence typically comes in the form of internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing products. In many cases the documents prove that asbestos manufacturers were aware of the risks of mesothelioma and other asbestos-related diseases, however, they did not communicate the information to their employees or the general public. A number of states have time limits which are known as statutes of limitation that define how long an asbestos victim must bring a lawsuit. The time frames vary from state to state, but they typically vary from one to two years. If the statute of limitations expires before a mesothelioma lawsuit can be filed, the victims lose their right to a fair settlement. The amount victims can receive depends on the asbestos-related illness they have been diagnosed with as well as how serious their condition is and other factors. Attorneys consider treatment costs as well as other expenses in negotiations to ensure that patients have enough money to pay their medical expenses. Asbestos sufferers may also be able to claim through trust funds established for those diagnosed with mesothelioma and other asbestos-related diseases. Certain trusts have been depleted but others continue to pay substantial payouts. In 2018, for instance, a federal jury awarded $70 million to the family of a U.S. Navy machinist who was diagnosed with mesothelioma while working with gaskets manufactured by John Crane Inc. Trials Asbestos-related victims who go to trial have a much better chance of receiving compensation than those who accept a settlement offer. Trials can solve issues that aren't resolvable through settlement negotiations. For example, there could be differences in the calculation of damages and whether a victim's condition is caused by a particular exposure. In a court of law, plaintiffs be required to prove that they have a right to damages, including past and future medical expenses, lost wages, damage to property as well as pain and discomfort and loss in consortium. The defendant must also prove its liability for the asbestos-related injuries. The trial process can be long. In the last decade, jury awards in mesothelioma cases have increased significantly and far exceeded the amount given to settlement cases by judges. A mesothelioma attorney can help victims understand the process of trial and explain their legal right in an open courtroom. A licensed lawyer can assist in identifying potential defendants. Asbestos litigation can be more complex than car accident cases where it is typically easy to identify responsible parties. This is especially true if a person has been exposed to asbestos in more than one location and at different dates. An experienced mesothelioma attorney is able to speak with witnesses like co-workers, relatives, abatement workers and suppliers to create an exhaustive database of employers as well as their products and locations. There is growing concern that the cost of resolving claims from asbestos victims in the past can drain funds which could be used to pay for future cases. Furthermore, some claimants think that settlements aren't based on actual injuries and they deserve more compensation. Defendants in asbestos cases can contest claims to dismiss them by summary judgment or a determination of no exposure. These motions require a thorough examination of the evidence and an expert's opinion on whether the asbestos doses measured by the plaintiff were not sufficient to cause mesothelioma. While the process can take a while, a seasoned mesothelioma lawyer can help accelerate the case and ensure that it doesn't become part of the aforementioned long queue of cases that are awaiting the courts.