Mesothelioma Lawsuits
Asbestos lawyers can hold companies accountable for exposure through the filing of a lawsuit. These companies could include past employers or asbestos manufacturers.
These companies were aware of the asbestos risks but failed to inform their employees. These lawsuits seek to compensate the companies for their employees as well as victims.
Most asbestos lawsuits settle before trial. However, experienced attorneys are prepared to bring your case all the way to an eventual jury trial, if needed.
Military Service
Mesothelioma is a rare and insidious disease but it can affect veterans who were exposed to asbestos while 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 working in the military, particularly when working on ships and in shipyards. This is because a wide range of military equipment were asbestos-containing such as boilers, pipes, and engine rooms. The Navy was the branch with the highest exposure to asbestos. This is the reason that a large number of Navy veterans are diagnosed with mesothelioma or other asbestos-related diseases.
Asbestos victims receive compensation through multiple avenues, including VA benefits legal settlements, trust funds. Since mesothelioma can be treated, the condition can be classified as a total and lasting disability, which means veterans are eligible to receive VA disability benefits.
Veterans can get compensation from the VA or legal settlements that help pay for medical expenses and support their families and live a comfortable lifestyle. Asbestos lawyers can assist veterans learn more about the benefits and assist in filing claims.
Lawyers can assist their clients file asbestos lawsuits against the producers of the deadly product. Many large companies were aware of the dangers posed by asbestos, but filed for bankruptcy to avoid liability. 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, victims are presented to a judge and jury, who could decide to award more or less than an agreement. In one mesothelioma trial, a jury awarded the family of the victim $40 million in damages. This is the highest verdict ever handed out in an asbestos case. The attorneys representing the victims must show that the defendants are responsible for the victim's exposure to asbestos and that they were negligent in causing their harm. This proof is usually supported by the documents and testimony of witnesses who were working with victims.
Bankruptcy
In addition to monetary damages the victims and their families may also be awarded medical expenses and compensation for suffering and pain. The process may take a long time. It usually takes two years or more between diagnosis and the time the victim is awarded compensation. This is why it is important to find a mesothelioma lawyer as soon as you are able.
Asbestos lawsuits can be a bit complicated. They involve numerous parties which include multiple trusts and a complex series of legal proceedings. The lawsuits are brought by mesothelioma sufferers or their estates against companies that produced asbestos-related products. The companies were usually aware of the link between asbestos and mesothelioma but continued to produce asbestos products for decades. Because of this, thousands of asbestos victims have received compensation.
Many of the companies that produced asbestos-containing products have been forced to close due to the staggering amount of lawsuits. This has led to a unique legal industry that focuses on asbestos litigation.
Companies that remain in business often file for bankruptcy to reduce their risk. The Texas Two-Step strategy is based on state law, which permits companies with high liability to form an entity with low assets. The company then reorganizes through Chapter 11 and moves the assets and liabilities into the newly established subsidiary.
In many instances, the new subsidiary is situated in a different state to avoid lawsuits relating to asbestos exposure that occurred prior to the reorganization. This strategy has been utilized in a variety of high-profile cases such as J&J's restructuring of LTL Management which faced 40,000 claims for baby powder. Gordon's firm represents a number clients that are currently using this strategy, including Georgia-Pacific Bestwall which faces 60, 000 claims.
asbestos lawyer lawsuits can be complicated because of statutes of limitations. Mesothelioma generally develops between 10 and 40 years following exposure to asbestos. State laws, also known as statutes or limitations, give victims between one and five years to file suit. In the event of wrongful death, family members have one to three years from the date of the loved one's death to make a claim.
Settlements
The victims of asbestos-related diseases are often awarded substantial settlements. Some cases, such as the wrongful death lawsuit brought by the family of an asbestos pipefitter, result in jury awards of millions of dollars. In other cases, the victims accept a small amount. The reason behind this is that a lot of companies that once produced and installed asbestos are now closed or bankrupt. Companies that manufacture asbestos that file for bankruptcy have to follow a process that has been approved by the court that requires them to put aside large sums of money to compensate future victims. Trusts can allow more claimants to receive compensation however the amount is usually considerably lower than what would have been awarded in a tort system case.
The value of an asbestos claim is based on the severity of the condition and the time it took for the victim to develop the illness and the severity of the victim's suffering. The dollar value is also determined by the amount of medical expenses and lost wages, as well as the extent of the victim's suffering.
Most states have statutes of limitations that limit the time a mesothelioma and other asbestos-related injury victim may pursue legal action 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.
Because mesothelioma is a deadly type of cancer that takes a long time for symptoms to show up, most mesothelioma claims are not litigated and are resolved through an agreement or a decision from the court. But, if mesothelioma sufferers do die before their case reaches a resolution, their estates can continue pursuing 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 responsible for their role in exposing victims to this harmful chemical. We have represented families of mesothelioma victims in lawsuits against companies located across the United States, Canada and the Middle East including Iran.
Trials
If a trial is held 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 losses resulting from asbestos exposure. A jury could also decide to award punitive damages in order to punish the accountable firms for their actions and to deter other firms from putting their employees or customers in danger.
The compensation from an asbestos suit can help mesothelioma victims' families get back on their feet following losing a loved one to the disease. Families are often required to take time off from work to care for mesothelioma patients which can result in loss of income. Mesothelioma settlements and judgments could help pay for these expenses and ensure that family members have a an economic future to look toward.
Asbestos lawsuits are some of the longest-running mass torts in U.S. history. The litigation has led to numerous companies to declare bankruptcy and has also led to the creation of asbestos trust funds to compensate victims. Research has proven that exposure to asbestos causes lung damage and illnesses like mesothelioma.
A mesothelioma attorney can build and argue an argument to ensure clients get the most money. An experienced lawyer can provide advice to clients on the benefits of settling claims as opposed to going to trial. An attorney can explain the impact of asbestos laws and other state laws on claims.
During the trial attorneys and clients conduct a series of interviews known as discovery. In this phase, attorneys collect evidence and information from defendants to prepare for trial. During this period, many defendants will agree to settle to avoid a damaging verdict.
An experienced mesothelioma lawyer has the experience and resources to hold asbestos distributors, manufacturers, and insurance companies accountable for negligence. Waters Kraus & Paul attorneys have successfully held asbestos-related companies accountable for their negligence and secured significant settlements on behalf of their clients. Contact us today to find out more about how we can assist you and your family members get the justice you deserve. We represent people nationwide who were exposed to asbestos. If you or a loved one was diagnosed with an asbestos-related disease we can assist you to find the compensation you are due.