A Good Rant About Asbestos Lawsuit
Mesothelioma Lawsuits
asbestos lawyer lawyers can hold the companies responsible for exposure accountable through the filing of a lawsuit. These companies could include past employers as well as asbestos manufacturers.
The companies were aware of the dangers associated with asbestos, but they failed to warn their employees. These lawsuits seek to compensate the companies for their workers as well as victims.
Most asbestos lawsuits settle before trial. However, experienced attorneys are ready to take your case all the way to a jury trial if necessary.
Military Service
Mesothelioma is a rare and insidious disease, but it can be a problem for veterans who were exposed to asbestos serving in the military. Mesothelioma suits are filed against asbestos companies that are accountable and compensation could be awarded to cover the costs of treatment.
Military personnel were exposed to asbestos while working in the military, particularly while working on ships and in shipyards. Many kinds of military equipment, such as boilers pipes, boilers, and engine rooms, were contaminated with asbestos. The Navy was the branch of the military with the greatest exposure to asbestos. This is the reason that a large number of Navy veterans are diagnosed with mesothelioma and other asbestos-related diseases.
Asbestos victims receive compensation in various ways, including VA benefits and legal settlements. Since mesothelioma can be treated, the condition can be classified as a permanent and total disability, which means veterans are qualified to receive VA disability benefits.
The amount of compensation veterans receive from the VA and legal settlements may assist in paying for their medical expenses, provide support for their families and enable them to live a comfortable life. Asbestos lawyers can help veterans to understand how these benefits work and assist in filing claims.
Lawyers can help their clients file asbestos lawsuits against the makers of the deadly product. Many large corporations were aware of the dangers associated with asbestos, but chose to file for bankruptcy to avoid being held accountable. However the mesothelioma lawyers of Waters Kraus & Paul hold asbestos companies accountable.
Although the majority of cases result in a settlement, a handful of mesothelioma lawsuits end in trial. In a trial, the plaintiffs are presented before a judge and jury who may award greater or less than the amount of a settlement. In one mesothelioma trial the jury gave $40 million to the victim's family. This is the largest verdict ever handed out in an asbestos case. The victims' attorneys must demonstrate that the defendants were responsible for the victim's exposure to asbestos and were negligent in causing the harm. This evidence is typically made through testimony and documents from people who worked with the victim.
Bankruptcy
In addition to financial damages and compensation for pain, the victims and their families could also be entitled to medical expenses and compensation. However the process could be lengthy. It is typically two years or more between diagnosis and the point at which a victim receives compensation. Therefore, it is important to contact an attorney for mesothelioma as quickly as you are able to.
Asbestos lawsuits are complex. They involve a variety of parties including multiple trusts as well as a complicated series of legal proceedings. The lawsuits are filed by mesothelioma patients or their estates. The companies were aware of the link between mesothelioma and asbestos but they continued to produce the product for a long time. Due to this, a lot of asbestos victims have received compensation.
Many of the companies that produced asbestos-containing products have gone under because of the colossal number of lawsuits. This has led to an exclusive legal industry that focuses on asbestos attorneys litigation.
The companies that remain in business are often trying to limit their exposure through bankruptcy filings. The strategy, known as the Texas Two-Step, is based on a state law that allows businesses with large liabilities to create a new subsidiary with few assets. The company then reorganizes under Chapter 11 and transfers the assets and liabilities to the newly formed subsidiary.
In many instances, the new subsidiary is situated in a different country in order to avoid lawsuits regarding asbestos exposure that occurred prior to the reorganization. This is the approach used in several high profile cases, including J&J's reorganization of LTL Management, which faced 40,000 baby powder claims. Gordon's firm is currently representing a number of clients using the strategy, including Georgia-Pacific's Bestwall which is facing 60, 000 claims.
Asbestos lawsuits can be complicated because of 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 suit. In the event of wrongful death, family members have one to three years from the date of the deceased loved one's death to file a claim.
Settlements
The victims of asbestos-related illnesses are often awarded significant settlements. Certain cases, such as the wrongful death lawsuit filed by the family of an asbestos pipefitter result in the jury awarding millions of dollars. However, in other cases, the victims accept a small amount. This is primarily because many of the companies that produced asbestos and then installed it have shut down or gone bankrupt. Asbestos companies that file for bankruptcy do so under an approved court process that requires they set aside large funds to compensate future victims. Trusts allow more claimants to receive compensation but the amount is often considerably lower than what would have been awarded in a tort system case.
The value of an asbestos claim is contingent on the severity of the disease as well as the time it took the victim to develop the illness and the extent of the suffering suffered by the victim. The value of a case is also influenced by the amount of lost wages, medical expenses, and the extent to which mesothelioma victims' suffering and pain can be quantified.
Many states have statutes of limitations limiting the amount of time a mesothelioma and other asbestos-related injury victim can file a lawsuit against the defendant. The date of the plaintiff's mesothelioma diagnosis typically acts as a constructive notice and begins the clock on the SOL.
Since mesothelioma can be a deadly form of cancer, and it takes decades for symptoms to manifest, most mesothelioma claims don't go to trial and are settled through an agreement or a decision from the court. If mesothelioma sufferers die before their cases are resolved and their estates are able to continue to pursue an asbestos lawsuit on their behalf.
Waters Kraus & Paul's attorneys represent clients across a broad range of industries across the United States and around the world who have suffered asbestos exposure. We hold asbestos manufacturers and their insurers accountable for their role in the exposure of victims to this harmful chemical. We have represented the families of mesothelioma patients in lawsuits against companies throughout the United States and Canada, as well as the Middle East, including Iran.
Trials
While going to trial is rare but when it does happen victims are able to receive multi-million-dollar verdicts. These awards may cover medical expenses, lost wages, and other losses related to asbestos exposure. A jury may also award punitive damage to punish the responsible company for their actions, and to deter others from putting customers or employees in danger.
Compensation from an asbestos suit can help families of mesothelioma victims get back on their feet following losing loved ones to the disease. Families often need to take time off from work to take care of a mesothelioma patient, resulting in a loss of income. Mesothelioma settlements and judgments can help pay for 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 litigation has led to dozens of businesses declaring bankruptcy and asbestos trust funds were created to compensate victims. Studies have shown that exposure to asbestos causes lung damage and diseases like mesothelioma.
A mesothelioma lawyer can build and negotiate the case to ensure that clients receive the most lucrative amount. A knowledgeable lawyer can advise clients on the pros and cons of settling a claim as opposed to pursuing a trial. An attorney can explain how various state statutes of limitation and asbestos laws can affect the claim.
During the litigation process attorneys and their clients conduct a series of interviews called discovery. In this phase, attorneys collect evidence and other information from defendants to prepare for trial. During this time, many defendants are willing to settle to avoid a damaging verdict.
A mesothelioma lawyer with experience has the expertise and resources to hold asbestos manufacturers, distributors and insurance companies accountable for negligence. Lawyers at Waters Kraus & Paul have held numerous asbestos companies accountable, and have secured significant settlements for their clients. Contact us today to learn more about how we can assist you and your family members get the justice you deserve. We represent asbestos-exposed persons across the country. If you or someone close to you developed an asbestos-related illness We can help you find the compensation you are due.