Mesothelioma Lawsuits
Asbestos lawyers can hold companies accountable for exposure through an action. These companies could include past employers or asbestos producers.
These companies knew the risks associated with asbestos, but they failed to warn their employees. These lawsuits seek to compensate the companies for their workers and their victims.
Most asbestos lawsuits settle before trial. However, experienced lawyers are prepared to go all the way to the jury trial if required.
Military Service
Mesothelioma is a rare and insidious disease but it can be a concern for veterans who were exposed to asbestos while in the military. Mesothelioma lawsuits are filed against the asbestos companies responsible and compensation may be offered to cover the cost of treatment.
Asbest was found in a variety of types of military equipment, including boilers, pipes, and engine rooms. Many types of military equipment, such as boilers, pipes and engine rooms contained asbestos. The Navy was the branch of the military with the highest exposure to asbestos. This is the reason why a lot of Navy veterans are diagnosed with mesothelioma or other asbestos lawyer-related diseases.
Asbestos-related victims are compensated through various avenues, such as VA benefits as well as legal settlements and trust funds. Because mesothelioma may be classified as an incurable illness, veterans are eligible to receive VA disability benefits.
The compensation that veterans receive from the VA and legal settlements can assist in paying for their medical treatments and provide financial support to their families and enable them to enjoy a comfortable life. Asbestos lawyers can aid veterans learn more about the benefits and assist in submitting claims.
Lawyers can assist their clients file asbestos lawsuits against the makers of the deadly substance. Many large corporations were aware of asbestos' dangers and were able escape liability by filing for bankruptcy. However the mesothelioma lawyers of Waters Kraus & Paul hold asbestos attorney-related companies accountable.
Some mesothelioma cases wind in court, despite though most settle. In a trial, victims are presented to a judge and jury which could award more or less money than a settlement. In one mesothelioma-related case which was settled by a jury, a jury awarded the family of the victim $40 million in damages. This is the highest verdict ever awarded for asbestos cases. The attorneys representing the victims must prove that the defendants were responsible for the victim's exposure asbestos and were negligent in causing their harm. This evidence is typically presented through the use of documents and testimony from witnesses who worked with the victim.
Bankruptcy
In addition to financial damages and compensation for pain, the victims and their families may also be entitled to medical expenses and compensation. However, the process can be long. It is typically two years or more between diagnosis and the time a victim receives compensation. This is why it is important to find a mesothelioma lawyer as quickly as you are able.
Asbestos lawsuits are complex. They involve multiple parties including multiple trusts as well as a complex series of legal proceedings. The lawsuits are filed by mesothelioma sufferers or their estates. Companies were aware of the connection between asbestos and mesothelioma, but they continued to manufacture the product for years. Because of this, thousands of asbestos victims have received compensation.
Many of the companies producing asbestos-containing products have gone bankrupt due to the overwhelming number of lawsuits. This has led to the creation of a legal sector dedicated exclusively to asbestos attorneys litigation.
The companies that are left in business tend to limit their risk through bankruptcy filings. The Texas Two-Step strategy is based on state law that allows companies with high liabilities to create subsidiary companies with lower assets. The company then reorganizes the company through Chapter 11 and moves the assets and liabilities into the newly formed subsidiary.
In many instances, the new subsidiary is situated in a different state to avoid lawsuits related to asbestos exposure that took place before the reorganization. This strategy has been used in several high profile cases, including J&J's restructuring of LTL Management, which faced 40,000 claims for baby powder. Gordon's firm is currently representing several clients who are using the strategy, including Georgia-Pacific's Bestwall, which faces 60, 000 claims.
Asbestos lawsuits can be complicated because of statutes of limitations. Mesothelioma typically develops 10 to 40 years after exposure to asbestos. State laws known as statutes of limitations give victims between one and five years to bring a lawsuit. In the event of that a death is wrongful family has a period of one to three years to file a lawsuit beginning from the date the loved one passed away.
Settlements
The victims of asbestos-related illnesses are often awarded significant settlements. In some cases, for instance, the wrongful death suit brought by the family of an asbestos pipefitter resulted in jury settlements of millions of dollars. In other cases, the victims accept a small amount. This is because a lot of the companies that produced asbestos and then installed it have shut down or gone bankrupt. Asbestos producers who declare bankruptcy are doing so under an approved court process that requires they put aside large amounts of money to compensate future victims. Trusts like these allow more claimants to be compensated, but the amounts are usually much less than those granted under the tort system.
The value of an asbestos case depends on the severity of the disease and the time it took to develop, and how the victim's life has been affected. The dollar value of a case is also dependent on the amount of lost wages, medical expenses and the extent to which a mesothelioma victim's suffering and pain can be quantified.
The majority of states have statutes of limitations limiting the amount of time a mesothelioma and other asbestos-related injury victim can pursue legal action against a defendant. The date of the plaintiff's mesothelioma diagnosis typically acts as constructive notice and begins the clock on the SOL.
Most mesothelioma cases are settled or resolved by the court because mesothelioma can be a deadly cancer that can take years before it begins to show symptoms. However, when mesothelioma patients do die before reaching an agreement the estates of their deceased can continue pursuing an asbestos lawsuit to collect 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. We hold asbestos producers and their insurers accountable for their roles in exposing victims to the dangerous chemical. We have represented mesothelioma victims' families in cases against companies located across the United States, Canada and the Middle East including Iran.
Trials
When a trial does occur the victims could receive verdicts worth millions of dollars. These awards can be used to cover medical costs as well as lost wages and other damages resulting from asbestos exposure. A jury may also award punitive damage to punish the responsible company for their conduct and to discourage others from putting consumers or employees in danger.
A settlement from an asbestos lawsuit may aid families of mesothelioma patients get back on their feet after losing a loved to the disease. Families are often forced to take time away from work to take care of mesothelioma patients, which results in lost income. Mesothelioma judgments and settlements can cover the costs and give 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 led to dozens of businesses filing for bankruptcy, and asbestos trust funds have been established to compensate victims. Research has proven that exposure to asbestos causes lung damage and diseases like mesothelioma.
A mesothelioma lawyer is able to construct and negotiate a case to ensure that clients receive the most lucrative award. A lawyer with experience can guide clients through the advantages of settling claims versus going to trial. An attorney can explain the implications of asbestos laws as well as the different state statutes on a claim.
During the course of litigation, attorneys and clients conduct a series of meetings known as discovery. In this phase, attorneys collect evidence and other information from defendants in order to prepare for trial. Many defendants will agree to settle during this stage to avoid a potentially damaging jury verdict.
A knowledgeable mesothelioma lawyer has the experience and resources needed to hold accountable asbestos distributors, manufacturers and insurance companies accountable for their actions. Waters Kraus & Paul attorneys have successfully held asbestos-related companies accountable for their negligence and negotiated significant settlements on behalf of their clients. Contact us now to discuss how we can assist your family members and ensure that you receive the justice that you deserve. We represent asbestos-exposed people across the country. If you or a loved one was diagnosed with an asbestos-related disease we can assist you to find the compensation you are due.