Mesothelioma Lawsuits
Asbestos lawyers may hold asbestos attorneys-related companies accountable through a lawsuit. These companies could include past employers or asbestos manufacturers.
The companies were aware of the dangers associated with asbestos but failed to warn their workers. These lawsuits seek to compensate the victims and their families.
Most asbestos lawsuits settle before trial. However, experienced attorneys are prepared to go all the way to the jury trial if required.
Military Service
Mesothelioma is a rare but fatal disease is a possibility for veterans exposed to asbestos during their service in the military. Mesothelioma suits are filed against asbestos-related companies who are accountable, and compensation may be awarded to pay for the cost of treatment.
Military personnel were exposed to asbestos in the service, especially when working on ships and in shipyards. This is because many types of military equipment contained asbestos including boilers, pipes and engine rooms. The Navy was the wing of the military that was exposed to the most exposure to asbestos attorneys. This is why so many Navy veterans have been diagnosed with mesothelioma as well as other asbestos-related diseases.
Asbestos victims are compensated in a variety of ways, including VA benefits and legal settlements. Because mesothelioma is incurable, the condition is classified as a total and lasting disability, meaning that veterans are eligible to receive VA disability payments.
The amount of compensation veterans receive from the VA and legal settlements may assist in paying for their medical treatments, provide support for their families and allow them to enjoy a comfortable life. Asbestos lawyers can help veterans to understand how these benefits work and assist in filing claims.
Lawyers can assist their clients bring asbestos attorneys lawsuits against manufacturers of the deadly substance. Many large companies were aware of asbestos’s dangers and were able escape liability by declaring bankruptcy. However the mesothelioma lawyers of Waters Kraus & Paul hold asbestos companies accountable.
A few mesothelioma cases end in court, despite when the majority of cases settle. In a trial, victims are presented to a judge and jury who may award more or less money than the amount of a settlement. In one mesothelioma-related trial, a jury handed out $40 million to family of the victim. This verdict is the highest ever awarded to an asbestos claim. The victims’ attorneys must demonstrate that the defendants were accountable for the victim’s exposure asbestos lawyer (https://wiley-terrell-2.thoughtlanes.net/) and that they were negligent in causing the harm. This evidence is usually presented through the use of documents and testimony from those who worked with the victim.
Bankruptcy
In addition to the financial damages, victims and their families can also receive medical expenses as well as compensation for suffering and pain. The process can take a long period of time. It is typically two years or more between diagnosis and the point at which the victim is compensated. It is therefore crucial to contact a mesothelioma lawyer as early as you can.
Asbestos litigation can be complicated. The lawsuits are complex, involving multiple parties and trusts. The lawsuits are filed by mesothelioma patients or their estates against the companies that manufactured asbestos-related products. The companies were often aware of the link between asbestos and mesothelioma but continued to manufacture the product for decades. As a result thousands of asbestos victims have received compensation.
Many of the companies that made asbestos-containing products have gone bankrupt due to the overwhelming number of lawsuits. This has created an exclusive legal industry that focuses on asbestos litigation.
The companies that remain 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 liabilities to create subsidiary companies with lower assets. The company then reorganizes itself through Chapter 11 and moves the assets and liabilities into the newly created subsidiary.
In most cases the new subsidiary will usually be located in a different country to avoid lawsuits arising from asbestos exposure prior to the reorganization. This is the approach used in a number of high-profile cases, including J&J’s reorganization of LTL Management, which faced 40,000 claims for baby powder. Gordon’s firm represents a number clients who are currently employing this strategy for their clients, including Georgia-Pacific Bestwall which faces more than 60,000 claims.
Asbestos-related lawsuits can be difficult due to the statutes of limitations. Mesothelioma generally develops between 10 and 40 years after exposure to asbestos. State laws, also known as statutes or limitations, allow victims between one and five years to file a lawsuit. In the event of the death of a loved one, relatives have a period of one to three years from the date of the loved one’s death to submit a claim.
Settlements
Patients suffering from asbestos-related illnesses are often awarded 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 other cases, victims accept a small amount. The reason behind this is that many companies which once manufactured and used asbestos are now shut down or bankrupt. Asbestos producers who declare bankruptcy do so through the approval of a court. This process requires that they put aside large amounts of money to pay future victims. Trusts that are set up permit more claimants to be compensated however the amount is typically lower than what would have been granted under the tort system.
The value of an asbestos claim depends on the severity of the disease, the length of time it took the victim to develop the illness and the severity of the victim’s suffering. The value of the dollar is determined by the amount of medical expenses as well as lost wages and the extent of the suffering of the victim.
The majority of states have statutes of limitation that limit the time that a mesothelioma asbestos-related injury victim may pursue legal action against the defendant. The date of the plaintiff’s diagnosis of mesothelioma typically acts as a constructive notice and starts the clock on the SOL.
Since mesothelioma is a fatal type of cancer that takes decades for symptoms to show up, most mesothelioma claims are not litigated and are resolved through a settlement or award from the court. When mesothelioma victims die before their cases are settled the estates of their deceased victims may continue to pursue a lawsuit against asbestos on their behalf.
Waters Kraus and Paul’s lawyers represent clients in a wide range of industries throughout the United States and around the world who have suffered asbestos exposure. We hold asbestos producers and their insurers responsible for their role in exposing victims to this toxic chemical. We have represented families of mesothelioma patients in lawsuits against companies across the United States and Canada, and also in the Middle East, including Iran.
Trials
If a trial occurs the victims could receive verdicts in the millions. These awards may cover medical costs as well as lost wages and other damages resulting from asbestos exposure. A jury may also award punitive damages to punish the accountable companies for their conduct and to deter other firms from putting consumers or employees in danger.
Compensation from an asbestos lawsuit could help mesothelioma victims’ families get back on their feet following losing loved ones to the disease. Families are often forced to take time away from work in order to care for mesothelioma patients which can result in loss of income. Mesothelioma judgments and settlements can cover the costs and give family members a financial future.
Asbestos-related lawsuits have been part of mass torts for a long time in the United States. The litigation has caused many companies to file for bankruptcy and created asbestos attorney trust funds to pay victims. Studies have shown that asbestos exposure causes lung damage and diseases like mesothelioma.
A mesothelioma lawyer is able to construct and negotiate cases to ensure clients receive the maximum amount. A lawyer with experience can advise clients on the pros of settling claims versus going to trial. A lawyer can explain the effect of asbestos laws and different state laws on claims.
During the litigation attorneys and clients conduct a series interviews known as discovery. During this phase attorneys gather evidence and other information from defendants to prepare for trial. Many defendants settle 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 won significant settlements for their clients. Contact us today to find out more about how we can help you and your family get the justice you deserve. We represent individuals across the nation who were exposed to asbestos. If you or a loved one suffered from an asbestos-related illness We can help you get the compensation you deserve.