9 Lessons Your Parents Taught You About Asbestos Lawsuit
Mesothelioma Lawsuits
Asbestos lawyers can sue companies accountable for asbestos exposure. They could be former employers or asbestos producers.
These 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. Experienced attorneys are ready to take your case to a jury trial if needed.
Military Service
Mesothelioma is a rare and insidious disease however, it can also be a problem for veterans who were exposed to asbestos serving in the military. Mesothelioma lawsuits are filed against asbestos-related companies that are accountable and compensation could be awarded to cover the costs of treatment.
Military personnel were exposed to asbestos working in the military, particularly when working on ships and in shipyards. This is because a wide range of military equipment had asbestos such as boilers, pipes and engine rooms. The Navy was the branch of the military with the highest exposure to asbestos. This is why many Navy veterans are diagnosed with mesothelioma and other asbestos-related diseases.
Asbestos victims are awarded compensation through multiple avenues, including VA benefits, legal settlements and trust funds. As mesothelioma can be classified as an incurable disease, veterans are eligible to be eligible for VA disability payments.
Veterans can be eligible for compensation from the VA or legal settlements that help pay for medical treatment as well as support their families and enjoy a life of comfort. Asbestos attorneys can help veterans understand how these benefits operate and assist with filing claims.
Lawyers can help their clients file asbestos lawsuits against the manufacturers of the deadly product. Many large corporations were aware of the dangers posed by asbestos attorney, but chose to file for bankruptcy to avoid being held accountable. Waters Kraus & Paul's mesothelioma lawyers hold asbestos companies accountable.
Some mesothelioma cases wind in court, despite when the majority of cases settle. In a trial, victims are presented before a judge and a jury who may award more or less money than the amount of a settlement. In one mesothelioma trial the jury awarded $40 million to the family of the victim. This is the biggest award ever for an asbestos claim. The victims' attorneys must prove that the defendants were responsible for the victim's exposure to asbestos and were negligent in causing the injury. This proof is generally made through testimony and documents from people who worked with the victim.
Bankruptcy
In addition to monetary damages and compensation for pain, the victims and their families may also be entitled to medical expenses and compensation. The process may take a long time. It typically takes two years or more between the victim's diagnosis and when they receive compensation. This is why it is important to seek out a qualified mesothelioma lawyer as quickly as possible.
Asbestos lawsuits can be a bit complicated. They involve a variety of parties including multiple trusts as well as a complex series of legal proceedings. The lawsuits are filed by mesothelioma sufferers or their estates. Companies were aware of the link between mesothelioma and asbestos, however, they continued to manufacture the product for decades. As a result thousands of asbestos victims have been awarded damages.
Many of the companies that produced asbestos-containing products have gone under due to the overwhelming number of lawsuits. This has led to the development of a legal sector dedicated exclusively to asbestos litigation.
Businesses that are still in business will often declare bankruptcy to limit their exposure. The Texas Two-Step strategy is based on state law that allows companies with high liabilities to establish an entity with low assets. The company then reorganizes itself 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 country in order to avoid lawsuits regarding asbestos lawyer exposure that occurred before the reorganization. This strategy has been used in several high-profile cases, such as J&J's restructuring of LTL Management which faced 40,000 claims for baby powder. Gordon's firm is currently representing several clients who are who are using the strategy, such as Georgia-Pacific's Bestwall which is facing 60, 000 claims.
Asbestos lawsuits can be complicated due to the statutes of limitations. Mesothelioma generally develops between 10 and 40 years after exposure to asbestos. State laws known as statutes of limitations give victims between one and five years to file a lawsuit. In the case of wrongful death, family members have a period of one to three years from the date of the loved one's death to make an action.
Settlements
Often, asbestos-related illnesses result in significant settlements. In some cases, for instance, the wrongful death suit brought by the family of an asbestos pipefitter, a jury settlements that reached millions of dollars. However, in other cases, the victims settle for comparatively little. The primary reason is that many businesses that once produced and installed asbestos are now shut down or insolvent. Asbestos companies who file for bankruptcy must follow a procedure that is approved by the courts which requires them to reserve huge sums of money to compensate future victims. These trusts permit more claimants to receive compensation but the amounts are typically lower than the amount given under a tort system.
The value of an asbestos case depends on the severity of the illness and the time it took to develop and how much a victim's life has been affected. The value of a dollar is determined by the amount of medical expenses, lost wages and the extent of the victim's suffering.
Many states have statutes of limitation limiting the amount of time that a mesothelioma asbestos-related injury victim can pursue legal action against the defendant. The date the plaintiff was diagnosed with mesothelioma usually is an indication of intent to start the clock for the statute of limitations.
The majority of mesothelioma cases are settled or disposed of by the courts because mesothelioma can be a deadly cancer that can take years before it begins to show symptoms. However, when mesothelioma patients do die before their case reaches a resolution, their estates can continue to pursue an asbestos lawsuit (Suggested Browsing) to recover compensation on their behalf.
Waters Kraus & Paul represents clients from diverse industries across the United States and abroad who have been exposed to asbestos. We hold asbestos producers and their insurers responsible for their part in exposing victims to this harmful chemical. We have represented families of mesothelioma patients in lawsuits against companies located throughout the United States and Canada, as well as the Middle East, including Iran.
Trials
If a trial is held the victims could receive verdicts that amount to millions of dollars. These awards can be used to cover the cost of medical treatment as well as lost wages and other damages resulting from asbestos exposure. A jury can also award punitive damages to punish the responsible firms for their actions and to deter other firms from putting employees or consumers in danger.
An asbestos lawsuit may aid families of mesothelioma patients get back on their legs after losing a loved one to the disease. Families are often forced to take off work to care for a mesothelioma patient, resulting in loss of income. Mesothelioma settlements and judgments can cover these expenses and ensure that family members have a financial future to look toward.
Asbestos lawsuits are some of the longest-running mass torts in U.S. history. The lawsuits have led to dozens of businesses filing for bankruptcy, and asbestos trust funds were created to compensate victims. Research has shown that exposure to asbestos can cause lung damage and diseases such as mesothelioma.
A mesothelioma lawyer is able to construct and negotiate cases to ensure clients receive the highest possible award. An experienced lawyer can also advise clients on the pros and cons of settling a case versus seeking a trial. An attorney can explain the implications of asbestos laws as well as the different state laws on a claim.
During the process of litigation, attorneys and their clients conduct a series meetings, referred to as discovery. During this phase, attorneys collect evidence and information from defendants in preparation for trial. During this period, many defendants are willing to settle to avoid a damaging verdict.
A knowledgeable mesothelioma lawyer has the experience and resources needed to hold accountable asbestos manufacturers, distributors and insurance companies accountable for their negligence. Attorneys at Waters Kraus & Paul have held asbestos companies accountable and secured significant settlements for their clients. Call us today to find out how we can assist your family members and ensure that you receive the justice that you deserve. We represent asbestos-exposed individuals across the nation. If you or someone close to you suffered from an asbestos-related illness we can assist you to find the compensation you are due.