Nine Things That Your Parent Taught You About Asbestos Lawsuit
Mesothelioma Lawsuits
Asbestos lawyers may sue companies responsible for asbestos lawyer exposure. They could be former employers as well as asbestos manufacturers.
These companies knew the risks associated with asbestos but failed to warn their workers. These lawsuits seek compensation for the victims and their families.
Most asbestos lawsuits settle before trial. However, experienced attorneys are prepared to take your case all the way to the jury trial if required.
Military Service
Mesothelioma is a rare and pervasive disease but it can be a concern for veterans who were exposed to asbestos while serving in the military. Mesothelioma lawsuits are filed against asbestos companies responsible and compensation is offered to cover the cost of treatment.
Military personnel were exposed to asbestos serving in the military, especially while working on ships and in shipyards. This is because a wide range of military equipment contained asbestos such as boilers, pipes, and engine rooms. The Navy was the branch that was exposed to the most exposure to asbestos. This is why many Navy veterans are diagnosed with mesothelioma and other asbestos-related diseases.
Asbestos victims are compensated in a variety of ways as well as VA benefits and legal settlements. Since mesothelioma is incurable it is categorized as a total and lasting disability, meaning that veterans are eligible to receive VA disability benefits.
Veterans can get compensation from the VA or legal settlements to help pay for medical expenses and support their families and enjoy a comfortable life. Asbestos attorneys can help veterans to learn more about the benefits and assist in submitting claims.
Lawyers can help their clients file asbestos lawsuits against the manufacturers of the deadly product. Many large corporations 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 these asbestos companies accountable.
While the majority of cases end up with a settlement, a handful of mesothelioma lawsuits end with a trial. In a trial, the victims are presented before a judge and a jury who may decide to award more or less than a settlement. In one mesothelioma case which was concluded by a jury, the jury awarded $40 million to the victim's family. This is the biggest verdict ever awarded for an asbestos case. The lawyers representing the victims must prove that defendants were negligent and responsible for the victim's exposure to asbestos. This evidence is usually presented through the testimony of witnesses who worked with the victims.
Bankruptcy
In addition to financial damages and compensation for pain, victims and their families may be entitled to medical expenses and compensation. However the process can be lengthy. It is typically two years or more between diagnosis and when the victim is compensated. Therefore, it is important to speak with an attorney for mesothelioma as early as you can.
Asbestos lawsuits are a complex matter. They involve multiple parties including multiple trusts as well as an extensive set of legal proceedings. The lawsuits are brought by mesothelioma sufferers or their estates against the companies that manufactured asbestos products. The companies were aware of the connection between mesothelioma and asbestos, however, they continued to manufacture the product for years. In the end, thousands of asbestos victims have been awarded damages.
Many of the companies that made asbestos-containing products have been forced to close due to the staggering amount of lawsuits. This has led to the development of a legal profession dedicated exclusively to asbestos litigation.
Companies that are in business often make bankruptcy filings to limit their exposure. The method, referred to as the Texas Two-Step, is based on the state law which allows businesses with large liabilities to establish a new subsidiary that has only a few assets. The company then reorganizes the company through Chapter 11 and moves the assets and liabilities into the newly formed subsidiary.
In most cases the new subsidiary is usually located in a different jurisdiction to avoid lawsuits related to asbestos exposure that occurred prior to the reorganization. This has been the strategy in several high profile cases, such as J&J's reorganization of LTL Management, which faced 40,000 claims for baby powder. Gordon's firm has a number of clients currently utilizing this strategy for their clients, including Georgia-Pacific Bestwall which is currently facing 60,000 claims.
Asbestos lawsuits can be complicated because of the statutes of limitations. Mesothelioma generally develops between 10 and 40 years following asbestos exposure. State laws, also known as statutes of limitations allow victims one to five years to make a claim. In the case a wrongful death, the family can have up to three years to file a lawsuit starting from the date that the loved one passed away.
Settlements
The victims of asbestos-related diseases are often awarded significant 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. In many instances, victims receive very little compensation. The primary reason is that a lot of companies that used to manufacture and install 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 put aside huge sums of money in order to compensate future victims. These trusts allow more claimants to receive compensation however the amount is typically lower than the amount given under the tort system.
The value of an asbestos claim is based on the severity of the disease as well as the time it took the victim to develop the illness and the severity of the suffering of the victim. The dollar value of a case is also dependent on the amount of lost earnings, medical expenses and the degree to which mesothelioma victims' suffering and pain can be quantified.
Most states have statutes of limitation restricting the length of time a mesothelioma or other asbestos-related injury victim can pursue legal 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.
Because mesothelioma is a deadly form of cancer, and it takes decades for symptoms to manifest and so, the majority of mesothelioma cases are not litigated and are resolved through a settlement or award from the court. However, if mesothelioma patients do die before their case has reached a resolution and their estates are able to continue pursuing an asbestos lawsuit - look at here now - to collect compensation 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 producers and their insurers accountable for their part in exposing the victims to this toxic chemical. We have represented families of mesothelioma patients in cases against companies across the United States and Canada, as well as in the Middle East, including Iran.
Trials
Although trial isn't often, when it does happen victims are able to receive multi-million-dollar verdicts. These awards may cover the cost of medical treatment as well as lost wages and other losses resulting from asbestos exposure. A jury can also award punitive damage to penalize the responsible company for their behavior and to discourage others from putting customers or employees at risk.
A settlement from an asbestos lawsuit may help mesothelioma families recover 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 judgements can cover these expenses and ensure that family members have a an income and financial future to look towards.
Asbestos lawsuits are some of the longest-running mass torts in U.S. history. The lawsuits have resulted in dozens of companies declaring bankruptcy and asbestos trust funds have been created to pay victims. Studies have proven that asbestos exposure leads to lung damage and illnesses such as mesothelioma.
A mesothelioma lawyer is able to construct and negotiate the case to ensure that clients receive the highest possible amount. An experienced lawyer can guide clients through the advantages of settling claims as opposed to going to trial. An attorney can explain how various state statutes of limitations and asbestos laws may affect the outcome of a case.
During the litigation attorneys and clients conduct a series of meetings called discovery. During this phase, attorneys collect information and evidence from defendants to prepare for trial. Many defendants agree to settle during this stage to avoid a potentially damaging verdict by a jury.
A mesothelioma attorney with experience has the knowledge and resources to hold asbestos distributors, manufacturers, and insurance companies accountable for their negligence. Attorneys at Waters Kraus & Paul have successfully held asbestos companies accountable and secured substantial settlements for their clients. Contact us now to discuss how we can assist your family and you get the justice you deserve. We represent asbestos-exposed individuals across the nation. If you or a loved one developed an asbestos-related illness We can help you seek the compensation you deserve.