Mesothelioma Lawsuits
Asbestos lawyers may sue companies that are responsible for asbestos exposure. These companies could include past employers or asbestos producers.
These companies were aware of asbestos' dangers, but did not inform their employees. These lawsuits seek compensation from the companies for their employees and victims.
Most asbestos lawsuits settle before trial. However, experienced lawyers can take your case 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 responsible asbestos companies, and compensation can help cover the cost of treatment.
Asbest was present in numerous types 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 branch that was exposed to the most exposure to asbestos. This is the reason that a large number of Navy veterans are diagnosed with mesothelioma and other asbestos-related illnesses.
Asbestos victims receive compensation through a variety of avenues, including VA benefits legal settlements, trust funds. Since mesothelioma is incurable 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 as well as support their families and enjoy a life of comfort. Asbestos lawyers can aid veterans to understand how these benefits operate and assist with filing claims.
Lawyers can assist their clients to file asbestos lawsuits against makers of the deadly substance. Many large companies were aware of the dangers associated with asbestos, yet they filed for bankruptcy to avoid being held accountable. However, the mesothelioma lawyers at Waters Kraus & Paul hold these asbestos companies accountable.
Some mesothelioma cases end up in court, even though most settle. In a trial, the victims are argued before a judge and jury who may award more or lesser money than an agreement. In one mesothelioma-related trial the jury gave $40 million to the family of the victim. 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 to asbestos and were negligent in causing their harm. This proof is generally provided through documents and testimony from people who worked with the victim.
Bankruptcy
In addition to monetary damages, families of victims can also receive medical expenses and compensation for suffering and pain. However the process could be lengthy. It usually takes two years or more between diagnosis and the time a victim receives compensation. This is the reason it is essential to find a mesothelioma attorney as soon as you are able.
Asbestos litigation is a complex one. They involve multiple parties, including multiple trusts and a complex series of legal procedures. The lawsuits are filed by mesothelioma sufferers or their estates against companies that produced asbestos-related products. The companies were often aware of the connection between mesothelioma and asbestos but continued to manufacture asbestos for a long time. Due to this, thousands of asbestos victims have received damages.
Many of the companies that produced asbestos-containing products have gone bankrupt because of the colossal number of lawsuits. This has led to a unique legal industry that focuses 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 a state law that allows companies with significant liabilities to create a new subsidiary that has only a few assets. The company then reorganizes through Chapter 11 and moves the assets and liabilities into the newly created subsidiary.
In many cases the new subsidiary is located in a different jurisdiction to avoid lawsuits related to asbestos exposure that took place prior to the restructuring. This is the approach used in several high profile cases, including J&J's reorganization of LTL Management, which faced 40,000 baby powder claims. Gordon's firm has a number of clients who are currently utilizing this strategy for their clients, including Georgia-Pacific Bestwall which faces 60,000 claims.
The statute of limitations may make asbestos lawsuits more difficult. Mesothelioma typically develops 10 to 40 years after exposure to asbestos. Statutes of limitations in the state known as statutes of limitations give victims between one and five years to make a claim. In Sunnyvale asbestos attorney of the death of a loved one, relatives have one to three years from the date of the loved one's death to file an action.
Settlements
Many times, asbestos-related diseases can result in substantial settlements. In some cases, for instance, the wrongful death suit filed by the family an asbestos pipefitter resulted in jury awards of up to millions of dollars. In many cases, victims are offered only a small amount of compensation. The primary reason is that a lot of companies that once produced and installed asbestos are now closed or insolvent. Companies that manufacture asbestos who file for bankruptcy must follow a court-approved procedure that requires them to set aside huge sums of money to pay future victims. Trusts allow more claimants to receive compensation but the amounts are often considerably lower than what would have been granted in a tort case.
The value of an asbestos claim is based on the severity of the condition as well as the time it took the victim to develop the illness and the extent of the suffering of the victim. The dollar value of an asbestos case is also determined by the amount of lost earnings, medical expenses and the degree to which a mesothelioma victim's suffering and pain can be quantified.
Many states have statutes of limitation restricting the length of time a mesothelioma or other asbestos-related injury victim may pursue legal action against the defendant. The date of the plaintiff's mesothelioma diagnosis typically acts as constructive notice and starts the clock on the SOL.
The majority of mesothelioma cases are settled or disposed of by the courts because mesothelioma can be a lethal cancer that can take years to manifest symptoms. However, when mesothelioma patients do die before reaching a resolution the estates of their deceased can continue to pursue an asbestos lawsuit to recover compensation on their behalf.
Waters Kraus &Paul's lawyers represent clients across a broad range of industries across the United States and around the world who have suffered from asbestos exposure. We hold asbestos producers and their insurers accountable for their role in exposing victims the toxic chemical. We have represented families of mesothelioma patients in cases against companies across the United States and Canada, as well as the Middle East, including Iran.
Trials
When a trial does occur the victims could receive verdicts worth millions of dollars. These awards may cover medical expenses, lost wages and other losses resulting from asbestos exposure. A jury could also decide to award punitive damages in order to punish the responsible companies for their conduct and to deter other firms from putting consumers or employees in danger.
Compensation from an asbestos suit can help families of mesothelioma victims get back on their feet after losing a loved one to the disease. Families often need to take off work to care for mesothelioma patients, resulting in a loss of income. Mesothelioma settlements and judgments can pay for the expenses and provide family members a financial future.
Asbestos lawsuits have been a part of mass torts for a long time in the United US. The litigation has caused dozens of companies to file for bankruptcy and has also led to the creation of asbestos trust funds to compensate victims. Studies have shown that asbestos exposure causes lung damage and diseases like mesothelioma.
A mesothelioma lawyer can build and negotiate a case to ensure that clients receive the most lucrative award. An experienced lawyer can advise clients on the pros of settling claims as opposed to going to trial. An attorney can explain the effect of asbestos laws and other state statutes on a claim.
During the trial attorneys and clients conduct a series of meetings called discovery. During this phase attorneys gather evidence and information from defendants in order to prepare for trial. During this period, many defendants are willing to compromise to avoid a potentially damaging verdict.
A knowledgeable mesothelioma lawyer has the experience and resources needed to hold accountable asbestos manufacturers, distributors, and insurance companies accountable for their actions. 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 help you and your family receive the justice you deserve. We represent asbestos-exposed persons across the country. If you or a loved one developed an asbestos-related illness We can help you seek the compensation you deserve.