Mesothelioma Lawsuits
Asbestos lawyers may hold companies accountable for exposure through a lawsuit. These companies could include past employers or asbestos manufacturers.
These companies knew the risks associated with asbestos, but failed to warn their workers. These lawsuits seek compensation for victims and their families.
Most asbestos lawsuits settle before trial. However, experienced lawyers are ready to take your case to the jury trial if required.
Military Service
Mesothelioma is a rare, but fatal illness, can affect veterans exposed to asbestos during their military service. Mesothelioma suits are filed against asbestos firms that are responsible and compensation could be awarded to cover the cost of treatment.
Asbest was found in a variety of types of military equipment including boilers, pipes, and engine rooms. A variety of military equipment, like boilers, pipes and engine rooms were contaminated with asbestos. The Navy was the branch that had the highest exposure to asbestos. This is the reason why a lot of Navy veterans have been diagnosed with mesothelioma as well as other asbestos-related illnesses.
Asbestos victims receive compensation through a variety of avenues, including VA benefits as well as legal settlements and trust funds. Because mesothelioma is incurable, it is categorized as a permanent and total disability, meaning that veterans are eligible for VA disability benefits.
The benefits that veterans receive from the VA and legal settlements can help pay for their medical treatment as well as provide support to their families and allow them to lead a life of comfort. Asbestos lawyers can aid veterans to learn more about the benefits and assist in filing claims.
Lawyers can help their clients bring asbestos lawsuits against producers of the deadly substance. Many large companies were aware of the dangers associated with asbestos and were able to avoid liability by filing for bankruptcy. However mesothelioma lawyers from Waters Kraus & Paul hold asbestos-related companies accountable.
Some mesothelioma cases wind up in court, even when the majority of cases settle. In a trial, victims are presented to a judge and jury which could award more or less money than the amount of a settlement. In one mesothelioma case that was decided by a jury, the family of the victim $40 million in damages. This is the biggest verdict ever awarded for asbestos cases. The lawyers representing the victims must show that defendants were negligent and responsible for the victim being exposed to asbestos. This evidence is typically provided through documents and testimony from people who worked with the victim.
Bankruptcy
In addition to the financial damages victims and their families can also receive medical expenses and compensation for suffering and pain. However the process can be long. It typically takes two years or more between diagnosis and the point at which the victim is awarded compensation. This is why it is crucial to find a mesothelioma attorney as soon as you can.
Asbestos litigation is a complex one. They involve a variety of parties, including multiple trusts and a complicated series of legal proceedings. The lawsuits are filed by mesothelioma sufferers or their estates. The companies were often aware of the link between mesothelioma and asbestos, but continued to produce asbestos products for decades. As a result thousands of asbestos-related victims have been awarded damages.
A large number of lawsuits have led to the demise of numerous companies that manufacture asbestos-containing products. This has given rise to a unique legal industry which is focused on asbestos litigation.
Companies that are not in business tend to limit their exposure by filing bankruptcy filings. The Texas Two-Step strategy is based on state law that allows companies with high liability to form subsidiary companies with lower assets. The company then reorganizes the company under Chapter 11 and transfers the assets and liabilities to the newly created subsidiary.
In many cases the new subsidiary is located in a different jurisdiction in order to avoid lawsuits regarding asbestos exposure that occurred before the restructuring. This is the approach used in several high profile cases, such as J&J's reorganization of LTL Management, which faced the possibility of 40,000 baby powder claims. Gordon's company represents a variety of clients that are currently using this strategy as well, including Georgia-Pacific Bestwall which is currently facing 60, 000 claims.
The statute of limitations can make asbestos lawsuits more difficult. Mesothelioma generally develops between 10 and 40 years after exposure to asbestos. State laws, also known as statutes of limitations give victims between one and five years to file a lawsuit. If there is a wrongful death family member can have up to three years to file a lawsuit beginning from the date the deceased loved one passed away.
Settlements
Patients suffering from asbestos-related illnesses are often awarded substantial settlements. In certain cases, such as the wrongful death lawsuit filed by the family of an asbestos pipefitter resulted in jury awards of up to millions of dollars. However, in other cases, victims settle for comparatively little. The main reason for this is that many companies that used to manufacture and install asbestos are now shut down or bankrupt. Asbestos producers who declare bankruptcy are doing so under an approved court process that requires they set aside large funds to pay future victims. These trusts allow more claimants to be compensated however the amount is typically lower than what would have been awarded under the tort system.
The value of an asbestos claim is based on the severity of the condition and the time it took the victim to develop the disease and the extent of the suffering suffered by the victim. The value of an asbestos case is also determined by the amount of lost earnings, medical expenses and the extent of mesothelioma's suffering and pain can be quantified.
The majority of states have statutes that restrict the period of time that mesothelioma victims, or another asbestos-related disease, can file an action against a defendant. The date of the plaintiff's mesothelioma diagnosis typically acts as a constructive notice and sets the clock on the SOL.
Since mesothelioma is a fatal form of cancer, and it takes decades for symptoms to be evident in mesothelioma patients, most claims are not litigated and are settled with an agreement or a decision from the court. If mesothelioma sufferers die before their cases are resolved the estates of their deceased victims may continue to pursue a lawsuit against asbestos 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 manufacturers and their insurers accountable for their roles in the exposure of victims to this harmful chemical. We have represented the 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, victims can receive verdicts worth millions of dollars. These awards may cover the cost of medical treatment, lost wages, and other losses caused by asbestos exposure. A jury can also award punitive damages to penalize the responsible companies for their behavior and to discourage other companies from putting consumers or employees in danger.
A compensation from an asbestos lawsuit could aid families of mesothelioma patients get back on their legs after losing a loved one to the disease. Families are often required to take time off from work in order to care for mesothelioma patients, which results in lost income. Mesothelioma settlements and judgments can cover the costs and give family members financial security.
Hawthorne asbestos lawyers -related lawsuits are among the longest-running mass torts in U.S. history. The lawsuits have resulted in dozens of companies filing for bankruptcy, and asbestos trust funds have been created to compensate victims. Studies have shown that asbestos exposure causes lung damage and diseases like mesothelioma.
A mesothelioma lawyer can create and argue an argument to ensure that clients receive the highest amount. An experienced lawyer can also provide advice to clients on the advantages and disadvantages of settling a claim as opposed to seeking a trial. An lawyer can explain how the different state statutes of limitations and asbestos laws could impact the claim.
During the litigation process attorneys and their clients conduct a series interviews called discovery. During this stage, attorneys collect evidence and information from defendants in order to prepare for trial. Many defendants be settled during this phase to avoid a potentially damaging jury verdict.
A mesothelioma lawyer with experience has the experience and resources to hold asbestos distributors, manufacturers, and insurance companies accountable for their negligence. Attorneys at Waters Kraus & Paul have held numerous asbestos companies accountable, and have secured substantial settlements for their clients. Contact us now to learn how we can assist your family members and ensure that you receive the justice that you deserve. We represent asbestos-exposed persons across the country. We can help you receive the amount you are due if you or someone you love has contracted an asbestos-related disease.