Nine Things That Your Parent Teach You About Asbestos Lawsuit

Mesothelioma Lawsuits

Asbestos attorneys can sue the companies that are responsible for asbestos lawsuit exposure. These companies could include former employers or asbestos producers.

These companies were aware of the dangers associated with asbestos, but they failed to warn their employees. These lawsuits seek compensation for victims and their families.

Most asbestos lawsuits settle before trial. However, experienced lawyers are prepared to go to an eventual jury trial, if needed.

Military Service

Mesothelioma, a rare but fatal disease can affect veterans who were exposed to asbestos during their service in the military. Mesothelioma suits are filed against asbestos companies who are accountable, and compensation may 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. Many types of military equipment, including 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 that a large number of Navy veterans have been diagnosed with mesothelioma as well as other asbestos-related illnesses.

Asbestos-related victims are compensated through multiple avenues, including VA benefits, legal settlements and trust funds. Since mesothelioma is incurable the condition can be classified as a total and lasting disability, which means that veterans are eligible to receive VA disability benefits.

The benefits that veterans receive from the VA and legal settlements can help pay for their medical treatments as well as provide support to their families and allow them to enjoy a comfortable life. Asbestos lawyers can assist veterans understand how these benefits operate and assist with filing claims.

Lawyers can assist their clients file asbestos lawsuits against the producers of the deadly substance. Many large companies knew of the dangers associated with asbestos and were able escape liability by filing for bankruptcy. Waters Kraus and Paul's mesothelioma lawyers hold asbestos companies accountable.

Some mesothelioma cases wind in court, even although the majority settle. In a trial, the victims are presented before a jury and judge who may decide to award more or less than the amount of a settlement. In one mesothelioma case, a jury handed out $40 million to family of the victim. This verdict is the highest ever for an asbestos case. The victims' attorneys must demonstrate that the defendants were accountable for the victim's exposure asbestos and were negligent in causing their injury. This proof is generally presented through the use of documents and testimony from those who worked with the victim.

Bankruptcy

In addition to monetary damages victims and their families can also be awarded medical expenses and compensation for pain and suffering. However the process could be long. It typically takes two years or more between the diagnosis of the victim and when they are awarded compensation. It is therefore important to speak with a mesothelioma lawyer as early as you can.

Asbestos lawsuits are complex. They involve numerous parties including multiple trusts as well as a complicated series of legal procedures. The lawsuits are brought by mesothelioma victims or their estates. The companies were aware of the connection between asbestos and mesothelioma but continued to manufacture asbestos for a long time. As a result, 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 an exclusive legal industry that is focused on asbestos litigation.

Businesses that are still in business will often make bankruptcy filings to reduce their risk. The strategy, also known as the Texas Two-Step, is based on the state law which allows companies with significant liabilities to create an entity with a small amount of assets. The company then reorganizes the company 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 jurisdiction to avoid lawsuits arising from asbestos exposure that occurred prior to the reorganization. This strategy has been employed in a number of high-profile cases such as J&J's restructuring of LTL Management which faced 40,000 claims for baby powder. Gordon's firm currently represents a number of clients that are using this strategy, including Georgia-Pacific's Bestwall which is facing 60,000 claims.

Asbestos lawsuits can be complicated because of 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. If there is an untimely death family has a period of one to three years to file a lawsuit beginning from the date the loved one died.

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. However, in other cases, victims accept a small amount. The primary reason is that many companies which once manufactured and used asbestos are now shut down or insolvent. Asbestos manufacturers who are filing for bankruptcy do so under an approved court process that requires they set aside large funds to compensate future victims. Trusts like these permit more claimants to be compensated but the amounts are typically lower than what would have been given under a tort system.

The value of an asbestos claim depends on the severity of the disease, the length of time it took for the victim to develop the illness and the extent of the victim's suffering. The dollar value is also determined by the amount of medical expenses, lost wages and the severity of the victim's suffering.

Most states have statutes that limit the time period within which mesothelioma sufferers, or another asbestos-related injury, can bring a lawsuit against a defendant. The date of the plaintiff's diagnosis of mesothelioma typically acts as constructive notice and sets the clock on the SOL.

The majority of mesothelioma cases settle or resolvable by the courts because mesothelioma can be a deadly cancer that takes years to manifest symptoms. But, if mesothelioma sufferers do die before reaching an agreement and their estates are able to continue pursuing an asbestos lawsuit in order to obtain compensation on their behalf.

Waters Kraus and Paul's lawyers represent clients in a wide variety 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 part in exposing the victims to the toxic chemical. We have represented families of mesothelioma victims in lawsuits against companies that were located throughout the United States, Canada and the Middle East including Iran.

Trials

Although trial isn't often, when it does happen victims could receive verdicts of millions of dollars. These awards may cover medical expenses loss of wages, medical expenses, and other losses resulting from asbestos exposure. A jury may also award punitive damage to punish the responsible business for their actions, and to deter others from putting customers or employees in danger.

A compensation from an asbestos lawsuit may aid families of mesothelioma patients get back on their feet after losing a loved one to the disease. Families are often forced to miss time from work to care for mesothelioma patients and this results in a loss of income. Mesothelioma settlements and judgments can cover the costs and give family members a financial future.

Asbestos lawsuits are some of the longest-running mass torts in U.S. history. The litigation has caused many companies to declare bankruptcy and also created asbestos trust funds to pay victims. Studies have shown that asbestos exposure can cause lung damage and diseases like mesothelioma.

A mesothelioma lawyer can construct and negotiate an argument to ensure that clients receive the maximum award. An experienced lawyer can also guide clients through the advantages and disadvantages of settling a claim versus pursuing a trial. An attorney can explain how different states' statutes of limitations and asbestos laws may affect the outcome of a case.

During the litigation process attorneys and their clients conduct a series of interviews called discovery. In this phase, attorneys collect evidence and details from defendants in order to prepare for trial. Many defendants settle during this phase to avoid a damaging verdict by a jury.

An experienced mesothelioma lawyer has the knowledge and resources to hold asbestos distributors, manufacturers and insurance companies accountable for their negligence. Waters Kraus & Paul attorneys have successfully held asbestos companies accountable for their negligence and secured substantial settlements on behalf of their clients. Call us now to discuss how we can assist your family and get the justice that you deserve. We represent individuals across the nation who were exposed to asbestos. If you or someone close to you was diagnosed with an asbestos-related disease, we can help you get the compensation you deserve.