Mesothelioma Lawsuits
Asbestos lawyers can hold companies responsible for exposure accountable through an action. This could include former employers as well as asbestos manufacturers.
These companies were aware of asbestos' dangers, but failed to inform their workers. These lawsuits seek compensation for the victims and their families.
Most asbestos lawsuits settle before trial. However, experienced lawyers are prepared to go to a jury trial if necessary.
Military Service
Mesothelioma, a rare but deadly disease, can affect veterans exposed to asbestos during their service in the military. Mesothelioma lawsuits are filed against the asbestos companies responsible for the disease, and compensation can help pay for treatment costs.
Military personnel were exposed to asbestos while serving in the military, especially when working on ships or in shipyards. Many types of military equipment, such as boilers, pipes, and engine rooms, included asbestos lawsuit. The Navy was the part of the military that was exposed to the highest exposure to asbestos. This is why so many Navy veterans have been diagnosed with mesothelioma and other asbestos-related diseases.
Asbestos victims are compensated in various ways In addition, they receive VA benefits and legal settlements. Since mesothelioma is classified as an incurable disease veterans are able to receive VA disability benefits.
Veterans can be eligible for compensation from the VA or legal settlements that help pay for medical treatment as well as support their families and enjoy a life of comfort. Asbestos lawyers can aid veterans understand how these benefits operate and assist in filing claims.
Lawyers can help their clients file asbestos lawsuits against the makers of the deadly substance. Many large companies knew of asbestos' dangers and were able to avoid liability by declaring bankruptcy. Waters Kraus & Paul's mesothelioma lawyers hold asbestos companies accountable.
Although most cases result in an agreement, a small number of mesothelioma lawsuits end up going to trial. In a trial, the victims are presented before a jury and judge who may award greater or lesser money than a settlement. In one mesothelioma case which was concluded by a jury, the jury gave $40 million to the victim's family. This is the largest verdict ever handed out in an asbestos case. The attorneys representing the victims must prove that defendants were negligent and accountable for exposing the victim to asbestos. This proof is typically supported by the documents and testimony of witnesses who worked with victims.
Bankruptcy
In addition to financial damages, victims and their families can also be awarded medical expenses and compensation for suffering and pain. However the process could be lengthy. It is typically two years or more between diagnosis and when a victim receives compensation. This is why it is crucial to retain a qualified mesothelioma lawyer as quickly as you are able.
Asbestos lawsuits are complex. They involve multiple parties which include multiple trusts and a complex series of legal procedures. The lawsuits are filed by mesothelioma patients or their estates. The companies were usually aware of the link between mesothelioma and asbestos but continued to manufacture asbestos products for decades. Because of this, thousands of asbestos victims have been awarded damages.
Many of the companies that made asbestos-containing products have gone under due to the overwhelming number of lawsuits. This has led to the development of a legal profession dedicated exclusively to asbestos litigation.
The companies that are left in business tend to limit their exposure by filing bankruptcy filings. The method, referred to as the Texas Two-Step, is based on a state law that allows companies with significant obligations to establish an entity with a small amount of 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 is usually located in a different country to avoid lawsuits that relate to asbestos exposure that occurred prior to the restructuring. This strategy has been used in a number of high-profile cases, including J&J's reorganization of LTL Management, which faced the possibility of 40,000 baby powder claims. Gordon's firm is currently representing many clients using the strategy, including Georgia-Pacific's Bestwall which is facing 60, 000 claims.
Asbestos lawsuits can be complicated because of statutes of limitations. Mesothelioma generally develops between 10 and 40 years after exposure to asbestos. State laws, also known as statutes or limits, allow victims between one and five years to file a lawsuit. If there is that a death is wrongful family has a period of one to three years to file a lawsuit from the date the loved one died.
Settlements
Most asbestos-related diseases result in significant settlements. In certain cases, such as the wrongful death suit brought by the family of an asbestos pipefitter, a jury settlements of millions of dollars. In many cases, victims are offered very little compensation. This is primarily because many of the companies which once produced asbestos and then installed it have closed down or declared bankruptcy. Asbestos companies who file for bankruptcy must follow a court-approved procedure which requires them to set aside large amounts of money to compensate future victims. These trusts do allow for more claimants to be compensated but the amounts are often considerably lower than what would be granted in a tort case.
The value of an asbestos case is contingent on the severity of the disease, how long it took to develop and how the victim's life has been affected. The dollar value is also determined by the amount of medical expenses as well as lost wages and the severity of the victim's suffering.
Most states have statutes that restrict the time frame in which mesothelioma sufferers or a related asbestos-related injury, may bring a lawsuit against the defendant. The date the plaintiff was diagnosed with mesothelioma is usually a constructive notice that starts the clock for the statute of limitations.
The majority of mesothelioma cases settle or resolved by the courts because mesothelioma can be a deadly cancer that takes years to show symptoms. However, when mesothelioma patients do die before their case reaches a resolution and their estates are able to continue to pursue an asbestos lawsuit to collect compensation on their behalf.
Waters Kraus & Paul's attorneys represent clients from a wide variety of industries across the United States and around the world who have suffered from asbestos exposure. We hold asbestos manufacturers and their insurers accountable for their roles in exposing victims to this dangerous chemical. We have represented families of mesothelioma patients in lawsuits against companies that were located across the United States, Canada and the Middle East including Iran.
Trials
Although going to trial is not common, when it does happen victims are able to receive multi-million-dollar verdicts. These awards can be used to cover medical expenses, lost wages, and other losses resulting from asbestos exposure. A jury can also award punitive damages to punish the accountable companies for their behavior and to discourage other companies from putting employees or consumers in danger.
A settlement from an asbestos lawsuit could help mesothelioma families get back on their legs after losing a loved to the disease. Families are often required to take time off from work in order to care for mesothelioma patients, which results in lost income. Mesothelioma settlements and judgments could pay for the expenses and provide family members a financial plan for the future.
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 pay victims. Research has proven that exposure to asbestos causes lung damage and illnesses like mesothelioma.
A mesothelioma lawyer is able to construct and negotiate the case to ensure that clients receive the highest possible award. An experienced lawyer can provide advice to clients on the benefits of settling cases versus going to trial. An attorney can explain how different state statutes of limitation and asbestos laws may affect the outcome of a case.
During the litigation process attorneys and their clients conduct a series of interviews, which is known as discovery. During this stage, attorneys collect evidence and information from the defendants to prepare for trial. A lot of defendants agree to settle during this stage to avoid a potentially damaging verdict by a jury.
An experienced mesothelioma lawyer has the experience and resources to hold asbestos distributors, manufacturers, and insurance companies accountable for negligence. Lawyers at Waters Kraus & Paul have held asbestos companies accountable, and have secured substantial settlements for their clients. Contact us today to learn more about how we can assist you and your family members get the justice you deserve. We represent asbestos-exposed individuals across the country. If you or someone close to you was diagnosed with an asbestos attorney-related disease, we can help you find the compensation you are due.