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Asbestos Litigation A large portion of asbestos-related cases have been handled in courts across the country. Research has shown that asbestos exposure can cause lung damage and illness. An attorney should be able to identify asbestos in each case. This can be accomplished by chatting with colleagues collecting records, or studying samples from home or work sites. Liability You may be entitled to compensation If you or someone you love is diagnosed with a condition related to asbestos. Compensation can assist with the loss of wages, medical expenses and other costs associated with mesothelioma or another asbestos-related disease. You can start a lawsuit to claim compensation or make an offer of settlement from the defendants in the case. There are usually multiple defendants in an asbestos case because there are numerous mining companies that made asbestos and also the manufacture of products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Companies that provided services to asbestos-using mines, manufacturers or acted as employers could also be liable for the injuries of victims. Asbestos suits often fall under laws governing product liability that are based on the common law and state laws that permit damages to be recovered from the sellers of products if the products cause injury. In a product liability suit where the injuries were caused due to defective design or manufacturing and that the person who was injured was not adequately warned of the dangers associated with products. In asbestos cases, defendants often argue that they didn't act in a negligent manner and that their products were safe, even though doctors have long recognized that asbestos-containing products can cause different diseases. Additionally, companies that concealed asbestos's dangers in order to boost profits have been accused of engaging in a cover-up by attempting to suppress claims and by trying to prevent workers from seeking compensation for their injuries. A judge or jury can decide on how to split the blame between defendants in cases where more than one defendant has been found to be responsible for an asbestos-related injury. This process is called the apportionment. The apportionment process does not affect the total amount of money that the 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 of 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 acted with negligence, meaning it did not take reasonable precautions to ensure the product was safe for its intended use. It also is alleged that the defendant knew that asbestos was a danger and did not inform consumers and workers of the danger. An asbestos lawsuit could be filed by a person who has suffered the loss or the estate of a person who died due to an asbestos-related illness, such as mesothelioma. A person may file a lawsuit for personal injury in order to obtain compensation for damages arising from economic or other causes that include emotional distress and pain and suffering and loss of enjoyment of the life of. In addition, the surviving family members of a person who died from an asbestos-related disease may make a claim for wrongful death. Once an asbestos case has been filed, the two parties exchange information via an process known as discovery. This may take a few months, and may require extensive interviews with colleagues family members, abatement workers, relatives and others to determine potential defendants and their asbestos-related products. Due to the complexity of asbestos litigation, it is crucial that plaintiffs have an experienced lawyer handle their case. The law firm that a plaintiff or their loved ones chooses must be aware of the complexities unique to asbestos litigation and be recognized by defendants and insurance companies for its expertise in these cases. norwalk asbestos lawyer have years of experience representing victims and their families in asbestos lawsuits. We are known for our ability in obtaining maximum compensation for our clients. Contact us for a complimentary consultation If you have any concerns regarding filing a lawsuit against 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 all over the nation. Contact us by phone or email today to begin. Settlements If asbestos victims prevail in their lawsuits, they receive compensation from companies that knew about and exposed them to dangerous substances. The money is meant to pay the victim and his or her family for the financial losses resulting from asbestos exposure. Compensation can help cover pain and suffering. Asbestos cases tend to settle rather than go to trial because it is less expensive and easier for defendant companies to resolve the case this way. Settlements can also prevent the negative publicity that can come with a verdict in a trial. It is essential to choose an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients. Mesothelioma cases are complicated and lawyers must conduct extensive research on their clients' medical records, work history and asbestos exposure. They can assist clients in identifying potential asbestos-producing companies that could be the cause of their illness. Lawyers can then gather evidence and use it to build a solid mesothelioma lawsuit. Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during discovery and depositions. Evidence typically comes in the form internal memos, corporate documents, and statements of former employees who worked with asbestos-containing materials. In many cases these documents, it is clear that asbestos manufacturers knew about the dangers of mesothelioma as well as other asbestos-related diseases, however, they did not communicate this information to their workers or the general public. Many states have imposed a time limit, known as a statute of limitations for how long asbestos victims can sue. These deadlines 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, victims lose their right to be compensated. The amount of compensation victims are entitled to is determined by the severity of their condition the diagnosis, as well as other factors. Attorneys take into account treatment costs and other expenses when negotiating to ensure that patients receive enough money to cover their medical bills. Asbestos sufferers may also be able to file claims through trust funds established to help those diagnosed with mesothelioma, asbestos-related diseases. Certain trusts are empty, while others continue to award substantial awards. For example, in 2018, a federal jury awarded $70 million to the family of a U.S. Navy machinist who developed mesothelioma after working with gaskets produced by John Crane Inc. Trials Asbestos victims who go to trial have a higher chance of receiving compensation than those who accept the settlement offer. Trials can resolve issues that aren't resolvable through settlement negotiations. For example, there may be differences in the calculation of damages and the possibility that a patient's condition was due to a specific exposure. In a court of law, plaintiffs need to prove they are entitled to damages including past and future medical costs as well as lost wages, damage to property as well as pain and discomfort and loss of consortium. In addition, the defendant must prove that it is responsible for the asbestos-related injuries. The trial process is typically long. In the last 10 years, jury awards for mesothelioma have risen dramatically and have substantially exceeded the amount granted by judges in settlement cases. A mesothelioma lawyer can help victims understand the trial process and explain their legal right in a courtroom that is open to the public. A qualified attorney can also assist in identifying potential defendants. As opposed to the litigation in car accidents which is usually easy to identify the responsible individuals involved, asbestos litigation can be more complex. This is particularly true when the person has been exposed to asbestos in more than one location and at different times. An experienced mesothelioma lawyer is able to interview witnesses, such as relatives, coworkers, and abatement workers, to create an inventory of employers, products and locations. There is growing concern that the cost of resolving claims of asbestos victims from the past has a negative impact on funds that could be used to fund future cases. Furthermore, some claimants believe that settlements aren't just based on injuries that actually occurred and deserve more in compensation. Defendants can fight to dismiss asbestos claims with summary judgment or a finding that there was not an exposure. However, these motions require a thorough review of the evidence and an expert's view that the doses of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. A mesothelioma lawyer can speed up the process and avoid the case from becoming a burden in the courts.