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Asbestos Litigation A large amount of asbestos litigation has been dealt with in courts across the country. Asbestos exposure has been proved to cause lung damage and lung disease by research. It is vital that attorneys know how to identify asbestos products in each case. This can be done by chatting with colleagues collecting records, or taking samples from homes or workplaces. Liability If you or a loved one is diagnosed with an asbestos-related illness You may be eligible for compensation. Compensation can cover lost wages, medical expenses and other expenses associated with mesothelioma, or any other asbestos-related illness. You can bring a lawsuit in order to obtain compensation or an offer of settlement to the defendants in the case. In asbestos cases, there will be multiple defendants due to the fact that there are many mining companies that manufacture asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that provided services to mines, or manufacturers that made use of asbestos or who acted as employers could be held responsible for injuries suffered by victims. Asbestos lawsuits usually fall under the legal category of product liability law, which is built on state and common laws that permit damages to be recovered against manufacturers of products if the products cause injuries. In a product liability lawsuit it is claimed that the injuries were caused by an ineffective design or fabrication, and that the person injured wasn't adequately warned about the dangers associated with the products. In asbestos cases, defendants typically argue that they did not do anything recklessly and that their products were safe, even though doctors have long acknowledged that asbestos-containing products can lead to different diseases. In addition, companies who concealed the risks of asbestos to increase profits have been accused of concealing the truth in attempting to block claims and by trying to stop workers from seeking financial compensation for injuries they sustained. If more than one defendant is found responsible for asbestos-related injuries suffered by a victim, a jury or judge may determine how to divide the responsibility among them in a process called the apportionment. The apportionment does not alter the amount that a plaintiff can receive in compensation from the defendants in the case. Damages A lawsuit against a business that manufactured or sold asbestos could assist victims to recover compensation. This includes the cost for medical treatment and lost wages because of being unable to do their job. Victims can also be awarded compensation and punitive damages. The lawsuit asserts that the defendant acted with negligence in that it failed to use reasonable care to ensure that the product was safe for the intended use. It is also claimed that the defendant knew that asbestos was dangerous, but failed to inform consumers and workers of this risk. A victim or the estates of people who have died from asbestos-related illnesses like mesothelioma can bring an asbestos lawsuit. A person can make a claim for personal injury to seek compensation for economic and other damages like emotional distress and pain and suffering and loss of enjoyment the life of. In addition, the surviving family of someone who died due to an asbestos-related illness may pursue a wrongful-death lawsuit. After an asbestos case is filed, the two parties exchange information via the process known as discovery. The process can last for several months and could require interviews with family members, coworkers, members, abatement workers and others in order to identify potential defendants. Due to the complexity of asbestos litigation, it is essential that plaintiffs choose a seasoned lawyer handle their case. The law firm a victim or their family selects should be aware of the particular complexities involved in asbestos litigation and should be recognized by defendants and insurance companies for its experience in these cases. Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are well-known for our expertise to obtain the maximum amount of compensation for clients. If boca raton asbestos attorneys have questions about filing an asbestos lawsuit, call us for a free consultation. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us by email or phone today to start your journey. Settlements If asbestos victims prevail in their lawsuits, they are awarded compensation for the companies that exposed them to dangerous substances. The money is intended to compensate the victim as well as his or her family members for the financial losses resulting from asbestos exposure. Compensation can also cover the pain and suffering. Asbestos cases usually settle rather than go to trial because it is easier and cheaper for defendant companies to settle the matter this way. Settlements also avoid negative publicity that could be associated when a verdict is handed down. It is crucial to select mesothelioma lawyers who have prior experience in obtaining the maximum amount of damages for their clients. Mesothelioma cases are complicated and lawyers must do extensive research on their clients' medical records, work history, and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their illness. The lawyers can then collect evidence to use in a mesothelioma-related case that is a solid one. Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence usually comes in the form internal memos, corporate documents, and the testimony of former employees who worked with asbestos-containing materials. These documents often show that asbestos producers were aware of the dangers of mesothelioma, and other asbestos-related diseases but did not inform their workers or the general public. Many states set time limitations also known as statutes or limitations that define how long an asbestos victim must bring a lawsuit. The length of time varies by state, but generally vary from one to two years. If the statute of limitation expires prior to the time a lawsuit for mesothelioma has been filed, victims will lose the right to receive compensation. The amount victims receive will depend on the diagnosis of their asbestos-related disease and how severe their condition is and other aspects. Attorneys consider the cost of treatment and other expenses when negotiations to ensure that patients have enough money to cover medical expenses. Asbestos-related victims can also file claims with trust funds that were established to compensate people who have been diagnosed with mesothelioma, or other asbestos-related ailments. Certain trusts are closed, while others continue to pay out substantial awards. In 2018, for instance, a federal jury awarded $70 million to the family of a U.S. Navy machinist who contracted mesothelioma from working with gaskets manufactured by John Crane Inc. Trials Trials are a better option for asbestos victims than settlement offers. Trials can also help to resolve problems that cannot be resolved through settlement negotiations, for instance differences in the method of calculating damages and whether the patient's condition was caused by a specific exposure. In a trial the plaintiffs have to prove that they are entitled to damages, including past and future medical expenses, loss of wages, property damage as well as pain and suffering and loss of consortium. In addition, the defendant must demonstrate that it is responsible for the asbestos-related injuries. The process of trial can be lengthy. Over the past 10 years, jury awards in mesothelioma cases have risen significantly, and are far more than the amount that is awarded to settlement cases by judges. A mesothelioma lawyer can help victims understand the process of trial and explain their legal rights before a judge in a public courtroom. A qualified attorney can also assist in identifying potential defendants. Asbestos litigation can be more complex than car accident litigation, where it is generally simple to identify the responsible parties. This is particularly true if someone has been exposed to asbestos in multiple places and at different times. A knowledgeable mesothelioma lawyer will interview witnesses, such as coworkers, relatives and abatement workers to compile an inventory of products, employers and the locations. There is a growing concern that the cost of resolving claims from asbestos victims in the past can drain funds which could be used to fund future cases. Some claimants also believe that settlements don't accurately reflect their actual injuries and therefore they deserve more compensation. Defense attorneys can argue to dismiss asbestos claims through summary judgment or a finding that there was no exposure. These motions are, however, subject to an extensive examination of evidence and an expert's opinion that the asbestos doses that were measured by the plaintiff were not sufficient to cause mesothelioma. Although the process can take time, a skilled mesothelioma attorney can help accelerate the process and ensure that it does not become part of the lengthy backlog of cases in the courts.