Mesothelioma Lawsuits
Asbestos lawyers may sue companies responsible for asbestos exposure. These companies may include former employers or asbestos producers.
These companies were aware of the dangers of asbestos exposure, but did not warn their employees. These lawsuits seek to compensate the companies for their employees and victims.
Most asbestos lawsuits settle before trial. Expert lawyers are prepared to bring your case to a jury trial, should you require.
Military Service
Mesothelioma, a rare but fatal illness can affect veterans who were exposed to asbestos during their military service. Mesothelioma lawsuits are filed against asbestos-related companies who are accountable and compensation could be awarded to pay for the cost of treatment.
Military personnel were exposed to asbestos while in the service, especially when working on ships and in shipyards. This is due to the fact that a variety of military equipment contained asbestos such as boilers, pipes and engine rooms. The Navy was the branch of the military with the most exposure to asbestos. This is the reason that a large number of Navy veterans have been diagnosed with mesothelioma as well as other asbestos-related illnesses.
Asbestos victims receive compensation through multiple avenues, including VA benefits legal settlements, trust funds. Because mesothelioma may be classified as an incurable disease, veterans are eligible to be eligible for VA disability payments.
The compensation that veterans receive from the VA and legal settlements may aid in the payment of their medical treatments, provide support for their families, and allow them to lead a life of comfort. Asbestos lawyers can help veterans to understand how these benefits work and help them file claims.
Lawyers can assist their clients file asbestos lawsuits against the producers of the deadly substance. Many large companies were aware of asbestos' dangers and were able escape liability by filing for bankruptcy. However the mesothelioma lawyers of Waters Kraus & Paul hold these asbestos companies accountable.
Some mesothelioma cases wind up in court, even though most settle. In a trial, the plaintiffs are presented before a jury and judge which could decide to award more or less than a settlement. In one mesothelioma case, a jury gave $40 million to the family of the victim. This verdict is the highest ever for an asbestos case. The attorneys representing the victims must prove that the defendants were accountable for the victim's exposure to asbestos and that they were negligent in causing the harm. This evidence is usually provided by documents and testimony of witnesses who were working with victims.
Bankruptcy
In addition to monetary damages families of victims can also be awarded medical expenses and compensation for suffering and pain. The process can take a long period of time. It typically takes two years or more between diagnosis and when the victim is compensated. This is why it is important to seek out a qualified mesothelioma lawyer as quickly as you can.
asbestos attorneys lawsuits are complex. They involve numerous parties which include multiple trusts and a complicated series of legal processes. The lawsuits are filed by mesothelioma sufferers or their estates. The companies were often aware of the connection between mesothelioma and asbestos but continued to produce the product for decades. In the end thousands of asbestos-related victims have been awarded damages.
A huge number of lawsuits have led to the demise of a number of companies that manufacture asbestos-containing products. This has given rise to an entirely legal sector that focuses on asbestos litigation.
Companies that are in business will often file for bankruptcy to reduce their risk. The Texas Two-Step strategy is based on state law, which permits companies with high liabilities to establish a subsidiary with low assets. The company then reorganizes under Chapter 11 and transfers the assets and liabilities to the newly established subsidiary.
In most cases, the new subsidiary will be located in a different jurisdiction to avoid lawsuits arising from asbestos exposure that occurred before the change in. This strategy has been utilized in a variety of high-profile cases for instance, J&J's restructuring LTL Management which faced 40,000 claims for baby powder. Gordon's firm represents a number clients who are currently using this strategy, including Georgia-Pacific Bestwall which is facing 60, 000 claims.
Asbestos lawsuits can be complicated due to the statutes of limitations. Mesothelioma generally develops between 10 and 40 years after exposure to asbestos. State laws, also known as statutes of limitations give victims between one and five years to make a claim. In the case an untimely death family can have up to three years to file a lawsuit from the date the deceased loved one died.
Settlements
The victims of asbestos-related diseases are often awarded significant settlements. In some cases, like the wrongful death suit filed by the family an asbestos pipefitter, a jury awards of up to millions of dollars. But, in many other cases, the victims accept a small amount. The primary reason is that many companies that used to manufacture and install asbestos are now closed or bankrupt. asbestos companies that file for bankruptcy must follow a process that has been approved by the court which requires them to reserve large amounts of money in order to pay future victims. Trusts allow more claimants to be compensated however the amount is usually considerably lower than what would have been awarded in a tort case.
The value of an asbestos case depends on the severity of the disease and the time it took to develop and how a victim's life has been affected. The value of a dollar is determined by the amount of medical expenses as well as lost wages and the extent of the suffering of the victim.
Many states have statutes that limit the time period within which mesothelioma sufferers or any other asbestos-related injury, can bring a lawsuit against the defendant. The date of the plaintiff's diagnosis of mesothelioma generally acts as a constructive notice and starts the clock on the SOL.
Since mesothelioma can be a deadly form of cancer and it takes decades for symptoms to show up and so, the majority of mesothelioma cases are not litigated and are resolved through a settlement or award from the court. However, if mesothelioma patients do die before reaching an agreement, their estates can continue pursuing an asbestos lawsuit in order to obtain compensation on their behalf.
Waters Kraus & Paul represents clients from a variety of industries in the United States and abroad who have been exposed to asbestos attorneys. We hold asbestos producers and their insurers responsible for their part in exposing victims this toxic chemical. We have represented families of mesothelioma sufferers in cases against companies throughout the United States and Canada, as well as in the Middle East, including Iran.
Trials
Although trial is rare but when it does happen victims are able to receive multi-million-dollar verdicts. These awards may cover medical costs, lost wages, and other losses caused by asbestos exposure. A jury may also award punitive damage to punish the responsible business for their conduct, and to deter others from putting consumers or employees in danger.
A settlement from an asbestos lawsuit may help families of mesothelioma patients get back on their legs after losing a loved to the disease. Families often have to take off work to care for a mesothelioma patient, resulting in loss of income. Mesothelioma settlements and judgements can cover these expenses and ensure that family members have an economic future to look forward to.
Asbestos lawsuits are some of the longest-running mass torts in U.S. history. The litigation has caused numerous companies to file for bankruptcy and has also led to the creation of asbestos trust funds to compensate victims. Research has proven that asbestos exposure causes lung damage and illnesses like mesothelioma.
A mesothelioma lawyer can build and negotiate cases to ensure clients receive the maximum award. A lawyer with experience will advise clients on the pros of settling claims versus going to trial. A lawyer can explain the implications of asbestos laws and other state laws on claims.
In the course of litigation, attorneys and their clients conduct a series of interviews called discovery. During this stage, attorneys collect evidence and information from defendants in preparation for trial. During this period, many defendants are willing to compromise to avoid a damaging verdict.
A mesothelioma attorney with experience has the expertise and resources to hold asbestos distributors, manufacturers, and insurance companies accountable for their negligence. Attorneys at Waters Kraus & Paul have held asbestos companies accountable and secured significant settlements for their clients. Contact us today to find out more about how we can help you and your family receive the justice you deserve. We represent asbestos-exposed persons across the country. We can assist you in obtaining the amount you are due if you or someone you know has contracted an asbestos-related condition.