Mesothelioma Lawsuits
Asbestos lawyers may hold companies responsible for exposure accountable through a lawsuit. These companies could include former employers or asbestos producers.
The companies were aware of the dangers of asbestos exposure, but they failed to warn their employees. These lawsuits seek compensation for victims and their families.
Most asbestos lawsuits settle before trial. However, experienced lawyers can bring your case to an eventual jury trial, if needed.
Military Service
Mesothelioma is an uncommon and insidious illness, but it can affect veterans who were exposed to asbestos serving in the military. Mesothelioma suits are filed against asbestos-related companies who are accountable and compensation can be awarded to pay for the cost of treatment.
Asbest was present in numerous kinds of military equipment, including boilers, pipes and engine rooms. This is because a wide range of military equipment were asbestos-containing including boilers, pipes and engine rooms. The Navy was the wing of the military that was exposed to the most exposure to asbestos. This is why many Navy veterans are diagnosed with mesothelioma or other asbestos-related illnesses.
Asbestos victims are compensated in a variety of ways as well as VA benefits and legal settlements. As mesothelioma can be classified as an incurable condition, veterans are eligible to be eligible for VA disability benefits.
Veterans can get compensation from the VA or legal settlements that help pay for medical treatments and support their families and enjoy a comfortable life. Carson asbestos lawyers can assist veterans to understand how these benefits operate and assist with filing claims.
Lawyers can help their clients in filing asbestos lawsuits against the manufacturers of the deadly substance. Many large companies were aware of the dangers posed by asbestos, but filed for bankruptcy to avoid being held accountable. However mesothelioma lawyers from Waters Kraus & Paul hold asbestos-related companies accountable.
While the majority of cases end up with a settlement, a handful mesothelioma lawsuits wind in trial. In a trial, the plaintiffs are brought before a judge and a jury who may award more or less than an agreement. In one mesothelioma-related trial, a jury handed out $40 million to victim's family. This is the largest award ever awarded to an asbestos claim. The attorneys for the victims must prove that the defendants were negligent and responsible for the victim being exposed to asbestos. This evidence is usually provided through documents and testimony from witnesses who worked with the victim.
Bankruptcy
In addition to monetary damages and compensation for pain, the victims and their families could also be entitled to medical expenses and compensation. However the process can be lengthy. It typically takes two years or more between the diagnosis of the victim and the time they receive compensation. It is therefore crucial to get in touch with an attorney for mesothelioma as quickly as you are able to.
Asbestos lawsuits are a complex matter. They involve numerous parties, including multiple trusts and a complicated series of legal proceedings. The lawsuits are brought by mesothelioma patients and their estates against companies that manufactured asbestos products. The companies were aware of the link between mesothelioma and asbestos but continued to manufacture the product for decades. Due to this, thousands asbestos victims have received compensation.
Many of the companies producing asbestos-containing products have gone under due to the overwhelming number of lawsuits. This has led to the formation of a legal profession dedicated exclusively to asbestos litigation.
Businesses that are still in business will often make bankruptcy filings to limit their exposure. The Texas Two-Step strategy is based on state law, which permits companies with high liabilities to form a subsidiary with low assets. The company then reorganizes through Chapter 11 and moves the assets and liabilities into the newly established subsidiary.
Often the new subsidiary will usually be in another jurisdiction to avoid lawsuits related to asbestos exposure that occurred prior to the change in. This strategy has been used in a number of high-profile cases, such as J&J's reorganization of LTL Management, which faced the possibility of 40,000 baby powder claims. Gordon's firm is currently representing several clients who are who are using the strategy, such as Georgia-Pacific's Bestwall which is currently facing 60, 000 claims.
Asbestos-related lawsuits can be difficult because of statutes of limitations. Mesothelioma generally occurs between 10 and 40 years after exposure to asbestos. Statutes of limitations in the state known as statutes of limitations allow victims one to five years to make a claim. If there is a wrongful death, the family has one to three years to file a lawsuit starting from the date the loved one died.
Settlements
The victims of asbestos-related diseases are often awarded substantial settlements. Certain cases, like the wrongful death lawsuit brought by the family of an asbestos pipefitter, result in settlements by juries of millions of dollars. But, in many other cases, the victims are able to settle for relatively little. The primary reason is that many businesses that used to manufacture and install asbestos are now shut down or insolvent. Asbestos manufacturers who are filing for bankruptcy are doing so under a court-approved process that requires they put aside a large amount of money to compensate future victims. Trusts allow more claimants to receive compensation but the amounts are often substantially lower than what could have been awarded in a tort system case.
The value of an asbestos case is dependent on the severity of the illness and the time it took to develop and how a victim's life has been affected. The value of a case is also dependent on the amount of lost earnings, medical expenses and the extent to which mesothelioma victims' pain and suffering can be quantified.
The majority of states have statutes that limit the time frame in which mesothelioma sufferers, or another asbestos-related disease, can file a lawsuit against the defendant. The date that the plaintiff was diagnosed with mesothelioma is usually a constructive notice that starts the clock for the time limit.
Because mesothelioma is a deadly type of cancer that takes a long time for symptoms to manifest, most mesothelioma claims are not litigated and are resolved through a settlement or award from the court. If mesothelioma patients die before their cases are settled, their estates may continue to pursue an asbestos lawsuit on their behalf.
Waters Kraus and Paul's lawyers represent clients from a wide variety of industries across the United States and around the world who have suffered asbestos exposure. We hold asbestos manufacturers and their insurers accountable for their role in exposing victims to the dangerous chemical. We have represented families of mesothelioma sufferers in cases against companies across the United States and Canada, as well as in the Middle East, including Iran.
Trials
Although going to trial isn't often however, when it does happen, victims are able to receive multi-million-dollar verdicts. These awards can be used to cover the cost of medical treatment as well as lost wages and other losses resulting from asbestos exposure. A jury may also award punitive damages to punish the responsible companies for their conduct and to discourage other companies from putting their employees or customers in danger.
A settlement from an asbestos lawsuit can 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 a loss of income. Mesothelioma settlements and judgments could cover these expenses and ensure that family members will have a a financial future to look towards.
Asbestos lawsuits are some of the longest-running mass torts in U.S. history. The litigation has led to numerous companies to file for bankruptcy and created asbestos trust funds to compensate victims. Research has proven that exposure to asbestos causes lung damage and diseases like mesothelioma.
A mesothelioma lawyer can construct and argue an argument to ensure clients receive the maximum award. An experienced lawyer can also provide advice to clients on the advantages and disadvantages of settling a claim as opposed to pursuing a trial. An attorney can explain the effect of asbestos laws and different state laws on claims.
In the course of litigation, attorneys and their clients conduct a series of interviews called discovery. During this stage, attorneys gather information and evidence from defendants to prepare for trial. A lot of defendants be settled during this phase to avoid a damaging verdict by a jury.
An experienced mesothelioma lawyer has the expertise 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 substantial settlements on behalf of their clients. Call us today to find out how we can assist your family and get the justice you deserve. We represent asbestos-exposed individuals across the nation. If you or a loved one suffered from an asbestos-related illness, we can help you seek the compensation you deserve.