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Asbestos Attorney: A Simple Definition
Asbestos Litigation 
 
A large portion of asbestos-related litigation has been handled in courts across the nation. Asbestos exposure has been proved to cause lung diseases and damage through research. 
 
An attorney should be able recognize asbestos in each case. This can be accomplished through conversations with coworkers, obtaining records, and studying samples from home or workplaces. 
 
Liability 
 
You could be eligible for compensation if you or someone you love is diagnosed with a disease related to asbestos. Compensation can be used to pay for the loss of wages, medical expenses and other costs related to mesothelioma. You can either bring a lawsuit, or offer an offer of settlement to the defendants. 
 
In asbestos cases, there are typically several defendants since there are a variety of mining companies that produce asbestos and manufacture products that contain asbestos. These businesses may also own or have control of asbestos-contaminated properties. Businesses that provided services to asbestos-using mines, manufacturers or as employers could also be liable for injuries sustained by victims. 
 
Asbestos-related lawsuits are often categorized under the legal category of product liability law which is based on common and state laws that permit damages to be sought against manufacturers of products if the products cause injuries. In a particular case, in a product liability lawsuit, it’s claimed that the injuries were caused by manufacturing errors or a flawed design, and that the person injured was not adequately warned about the risks that came with using the products. 
 
In asbestos cases, defendants typically argue that they did not behave in a negligent manner and that their products are safe, even though doctors have long acknowledged that asbestos-containing products can cause various illnesses. Companies that concealed asbestos risks to increase profits were accused of cover-up, as they tried to thwart claims and stop workers from claiming the financial compensation they deserve for their injuries. 
 
If more than one defendant is found to be responsible for the victim’s asbestos-related injuries, a judge or jury could decide on how to divide the blame between them through a process known as the apportionment. The apportionment doesn’t affect the amount of compensation the plaintiff can receive from the defendants. 
 
Damages 
 
A lawsuit against a company that manufactured or sold asbestos can aid victims in recovering compensation. This includes the expense of medical treatment for their condition and lost wages due to being unable to work. Victims can also receive compensation and punitive damages. 
 
The lawsuit claims that the defendant acted negligently, meaning that it didn’t take reasonable steps to ensure the product was safe for the intended use. It is also claimed that the defendant knew asbestos was a danger and did not warn workers and consumers of this risk. 
 
The estates or victims of people who have died from asbestos-related diseases such as mesothelioma are able to make an asbestos lawsuit. A person may file a lawsuit for personal injury to claim compensation for other and economic damages that include emotional distress as well as pain and suffering and loss of enjoyment of the life. In addition, the survivors of a family members of someone who passed away from an asbestos-related illness can file a wrongful death lawsuit. 
 
Once an asbestos case has been filed the parties share information in the process known as discovery. It can take several months and may involve lengthy interviews with coworkers, relatives, abatement workers and others in order to identify possible defendants and their asbestos-related products. 
 
It is important for plaintiffs to choose an experienced attorney to handle their case due of the complexity of asbestos litigation. The law firm that the victim, or their family, chooses must be aware of the unique challenges of asbestos litigation. They should also be acknowledged 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 renowned for our success to obtain the maximum amount of compensation for our clients. 
 
Contact us today for a no-obligation 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 all over the country. Contact us via email or phone now to get started. 
 
Settlements 
 
If asbestos victims win their lawsuits, they receive compensation from the companies who exposed them to hazardous substances. The money is intended to help the family members of the victim with financial losses resulting from the asbestos exposure. Compensation can also be used to cover the cost of suffering and pain. 
 
Asbestos lawsuits are often settled instead of 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 help avoid the negative publicity that comes when a jury verdict is handed down. It is crucial to choose an experienced mesothelioma lawyer which has the experience of obtaining maximum damages for their clients. 
 
Mesothelioma lawsuits are a bit more complicated and require attorneys to conduct extensive investigations into their client’s past work history, medical records and asbestos exposure. They can help clients identify companies that could produce asbestos that could be the cause of their illness. Lawyers are able to gather evidence and use it to create a strong mesothelioma lawsuit. 
 
During depositions and discovery prior to trial, mesothelioma lawyers can discover evidence of asbestos companies’ negligence. Evidence typically comes from internal memos, corporate documents, and statements of former employees who have worked with asbestos-containing products. These documents often show that asbestos producers were aware of the dangers of mesothelioma and other asbestos-related diseases however, they didn’t tell their workers or the general public. 
 
A number of states have set a time limitation, also known as a statute of limitations for how long asbestos-related victims can file a lawsuit. The length of time varies between states, but typically range between one and two years. If the statute of limitations expires before a lawsuit for mesothelioma is filed victims will lose their right to receive compensation. 
 
 
The amount of compensation a victim can receive is based on the severity of their illness, their diagnosis and other factors. Attorneys will consider the cost of treatment and other expenses during negotiations to ensure that patients have enough money to pay for their medical expenses. Asbestos-related victims can also file claims with trust funds, which were created to compensate people who have been diagnosed with mesothelioma or any other asbestos-related diseases. 
 
Some of these trusts have dwindled, however others continue to pay substantial prizes. In 2018 an appeals court in the U.S. granted $70 million to the family of an U.S. Navy machinist diagnosed with mesothelioma from gaskets manufactured by John Crane Inc. 
 
Trials 
 
Trials are a better option for asbestos victims than settlement offers. Trials can solve issues that aren’t resolved through settlement negotiations. For example, there may be differences in the calculation of damages, and whether the condition of a victim is caused by a specific exposure. 
 
In a court of law, plaintiffs be required to prove that they are entitled to damages including future and past medical expenses, lost wages, damage to property or property, pain and discomfort and loss of consortium. The defendant must also prove its liability for the asbestos-related injuries. The process of trial is usually long. In the last decade mesothelioma jury awards cases have increased significantly, and are far more than the amount that is awarded to settlement cases by judges. 
 
san marcos asbestos lawyer can assist victims understand the process of trial and explain their legal rights in a courtroom that is open to the public. A qualified attorney can also help to identify potential defendants. Unlike car accident litigation where it is typically easy to identify the individuals involved, asbestos litigation can be more complicated. This is particularly true when an individual was exposed to more than one type of asbestos and at multiple locations. An experienced mesothelioma attorney is able to interview witnesses, such as coworkers, relatives, abatement workers and suppliers to compile an exhaustive database of employers products, locations and other information. 
 
The expense of settling asbestos claims eats up funds which could have been used to pay future cases. Many claimants also believe that settlements don’t accurately reflect their actual injuries and therefore they deserve more compensation. 
 
Defendants in asbestos cases can fight to have claims dismissed by summary judgment or a determination of no exposure. However they must be able to provide an extensive review of evidence and an expert’s view that the doses measured of asbestos the plaintiff took were insufficient to cause mesothelioma. A mesothelioma lawyer can help speed up the process and prevent the case from becoming a backlog in the courts.