Mesothelioma Lawsuits
Asbestos lawyers may hold asbestos-related companies accountable through the filing of a lawsuit. These companies could include former employers or asbestos producers.
These companies were aware of the asbestos risks but did not inform their employees. These lawsuits seek compensation from the companies for their employees and their victims.
Most asbestos lawyers lawsuits settle before trial. However, experienced lawyers can take your case to the jury trial if required.
Military Service
Mesothelioma is a rare but deadly disease is a possibility for veterans exposed to asbestos during their service in the military. Mesothelioma suits are filed against asbestos companies that are responsible and compensation could be awarded to pay for the cost of treatment.
Asbest was present in many kinds of military equipment, including boilers, pipes, and engine rooms. This is due to the fact that a variety of military equipment were asbestos-containing, including boilers, pipes, and engine rooms. The Navy was the part of the military that had 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-related victims are compensated in multiple ways In addition, they receive VA benefits and legal settlements. Because mesothelioma is incurable, the condition is classified as a permanent and total disability, which means veterans are eligible for VA disability benefits.
The benefits 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 allow them to lead a life of comfort. Asbestos attorneys can help veterans to learn more about the benefits and assist in submitting claims.
Lawyers can assist their clients file asbestos lawsuits against the producers of the deadly product. Many large companies were aware of the dangers associated with asbestos, but filed for bankruptcy to avoid being held accountable. Waters Kraus &Paul's mesothelioma lawyers hold asbestos-related companies accountable.
Although the majority of cases result in settlements, a few mesothelioma lawsuits wind in trial. In a trial, the victims are presented before a jury and judge which could decide to award more or less than a settlement. In one mesothelioma trial that was decided by a jury, the family of the victim $40 million in damages. This is the biggest award ever for an asbestos case. The lawyers representing the victims must prove that defendants were negligent and responsible for the victim being exposed to asbestos. This proof is typically supported by the documents and testimony of witnesses who worked with the victims.
Bankruptcy
In addition to the financial damages, victims and their families can also be awarded medical expenses and compensation for pain and suffering. The process can take a long period of time. It usually 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 attorney as soon as you are able.
Asbestos lawsuits are a complex matter. They involve multiple parties including multiple trusts as well as an extensive set of legal proceedings. The lawsuits are filed by mesothelioma patients or their estates. Companies were aware of the link between mesothelioma and asbestos but they continued to produce the product for a long time. In the end, thousands of asbestos victims have been awarded damages.
A large number of lawsuits have led to the bankruptcy of a number of companies that manufacture asbestos-containing products. This has given rise to a unique legal industry that is focused on asbestos litigation.
Companies that are not in business often try to limit their risk through bankruptcy filings. The strategy, known as the Texas Two-Step, is based on the state law that permits companies with large liabilities to establish a new subsidiary that has only a few assets. The company then reorganizes under Chapter 11 and transfers the assets and liabilities to the newly established subsidiary.
In many cases the new subsidiary is situated in a different country to avoid lawsuits related to asbestos exposure that took place prior to the reorganization. This strategy has been employed 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 has a number of clients that are currently using this strategy as well, including Georgia-Pacific Bestwall which faces 60,000 claims.
Asbestos lawsuits can be complicated because of statutes of limitations. Mesothelioma generally develops between 10 and 40 years following asbestos exposure. State laws, also referred as statutes or limitations, give victims between one and five years to file suit. In the event of a wrongful death, the family can have up to three years to file a lawsuit from the date that the loved one passed away.
Settlements
The victims of asbestos-related illnesses are often awarded significant settlements. In certain cases, such as the wrongful death suit filed 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 manufacturers who file for bankruptcy are doing so under a court-approved process that requires they set aside large funds to compensate future victims. These trusts allow more claimants to be compensated but the amounts are often much lower than what would have been granted under a tort system.
The value of an asbestos claim is based on the severity of the disease, the length of time it took the victim to develop the illness and the severity of the suffering of the victim. The dollar value of an asbestos case is also dependent on the amount of lost wages, medical expenses and the degree to which mesothelioma victims' suffering and pain can be quantified.
The majority of states have statutes that limit the time frame in which mesothelioma sufferers, or another asbestos-related injury, may bring a lawsuit against a defendant. The date on which the plaintiff was diagnosed with mesothelioma is typically an effective notice that begins the clock for the time limit.
Since mesothelioma can be a deadly form of cancer and it takes years for the symptoms to manifest, most mesothelioma claims don't go to trial and are settled through settlement or an award from the court. 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 recover compensation on their behalf.
Waters Kraus & Paul represents clients from various industries across the United States and abroad who have been exposed to asbestos. We hold asbestos producers and their insurers accountable for their part in exposing victims to this dangerous chemical. We have represented families of mesothelioma patients in lawsuits against companies located throughout the United States and Canada, as well as in the Middle East, including Iran.
Trials
When a trial does occur, victims can receive verdicts worth millions of dollars. These awards may cover medical costs, lost wages and other losses resulting from asbestos exposure. A jury may also award punitive damages to punish the responsible business for their actions, and to deter others from putting consumers or employees at risk.
A settlement from an asbestos lawsuit may aid families of mesothelioma patients recover after losing a loved one to the disease. Families are often forced to take time away from work to care for mesothelioma patients, which results in lost income. Mesothelioma settlements and judgments could cover these expenses and ensure that family members have a an income and financial future to look forward to.
Asbestos lawsuits are some of the longest-running mass torts in U.S. history. The litigation has resulted in dozens of companies declaring bankruptcy and asbestos trust funds have been created to pay victims. Research has shown that asbestos exposure causes lung damage as well as diseases such as mesothelioma.
A mesothelioma lawyer is able to construct and negotiate cases to ensure clients receive the maximum award. An experienced lawyer can provide advice to clients on the advantages and disadvantages of settling a claim versus seeking a trial. A lawyer can explain the impact of asbestos laws as well as the different state laws on a claim.
During the litigation attorneys and their clients conduct a series of interviews called discovery. During this phase attorneys gather evidence and details from defendants to prepare for trial. During this time, a lot of defendants will agree to settle to avoid a damaging verdict.
A mesothelioma attorney with experience has the knowledge and resources to make asbestos distributors, manufacturers, and insurance companies accountable for negligence. Attorneys at Waters Kraus & Paul have held numerous asbestos companies accountable and won substantial settlements for their clients. Contact us today to find out more about how we can assist you and your family receive the justice you deserve. We represent asbestos-exposed individuals across the country. If you or a loved one developed an asbestos-related illness, we can help you seek the compensation you deserve.external site