11 Ways To Destroy Your Asbestos Lawsuit
Mesothelioma Lawsuits
Asbestos lawyers may hold companies accountable for exposure through a lawsuit. These companies could include past employers as well as asbestos manufacturers.
The companies were aware of asbestos' dangers, but did not inform their workers. These lawsuits seek to compensate the companies for their employees and their victims.
Most asbestos lawsuits settle before trial. However, experienced attorneys are prepared to take your case all the way to an eventual jury trial, if needed.
Military Service
Mesothelioma is a rare but deadly disease is a possibility for veterans exposed to asbestos during their service in the military. Mesothelioma lawsuits are filed against the responsible asbestos companies and compensation is offered to pay for treatment costs.
Military personnel were exposed to asbestos while in the service, especially while working on ships and in shipyards. Many types of military equipment, such as boilers pipes, boilers, and engine rooms, were contaminated with asbestos. The Navy was the branch that had the most 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 are awarded compensation through various avenues, such as VA benefits legal settlements, trust funds. As mesothelioma can be classified as an incurable condition Veterans are able to be eligible for VA disability payments.
The benefits that veterans receive from the VA and legal settlements can aid in the payment of their medical treatments and provide financial support to their families and enable them to lead a life of comfort. Asbestos lawyers can assist veterans learn more about the benefits and help them file claims.
Lawyers can assist their clients file asbestos lawsuits against the producers of the deadly product. Many large companies were aware of the dangers of asbestos, but filed for bankruptcy to avoid being held accountable. 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 up going to trial. In a trial, the plaintiffs are brought before a jury and judge who may award more or lesser money than a settlement. In one mesothelioma case the jury awarded $40 million to the victim's family. This verdict is the highest ever for an asbestos claim. The attorneys for the victims must prove that the defendants were negligent and responsible for exposing the victim to asbestos. This proof is generally presented through the use of documents and testimony from witnesses who worked with the victim.
Bankruptcy
In addition to financial damages and compensation for pain, victims and their families could be entitled to medical expenses and compensation. However the process could be lengthy. It is typically two years or more between diagnosis and when a victim receives compensation. This is why it is crucial to find a mesothelioma lawyer as soon as you are able.
Asbestos lawsuits are a complex matter. They involve a variety of parties, including multiple trusts and a complicated series of legal procedures. The lawsuits are filed by mesothelioma sufferers or their estates. Companies were aware of the link between asbestos attorneys and mesothelioma, but they continued to manufacture the product for years. In the end, thousands of asbestos victims have been awarded damages.
A staggering number of lawsuits have led to the bankruptcy of a number of companies that manufacture asbestos-containing products. This has led to a unique legal industry which is focused on asbestos litigation.
Companies that remain in business often declare bankruptcy to reduce their risk. The Texas Two-Step strategy is based on state law that allows companies with high liabilities to establish subsidiary companies with lower assets. The company then reorganizes the company through Chapter 11 and moves the assets and liabilities into the newly established subsidiary.
In many cases, the new subsidiary is located in a different state in order to avoid lawsuits regarding asbestos exposure that took place prior to the restructuring. This strategy has been used in a number of high-profile cases, including J&J's reorganization of LTL Management, which faced the possibility of 40,000 baby powder claims. Gordon's company represents a variety of clients currently utilizing this strategy as well, including Georgia-Pacific Bestwall which is currently facing more than 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 referred as statutes or limitations allow victims between one and five years to file suit. In the event of grievous death, the family members have one to three years from the date of the loved one's death to make a claim.
Settlements
Many times, asbestos-related diseases result in significant settlements. In certain cases, such as the wrongful death suit filed by the family of an asbestos pipefitter, a jury settlements that reached millions of dollars. In other cases, victims accept a small amount. This is because a lot of the companies that once produced asbestos and then installed it have closed down or gone bankrupt. Asbestos companies that declare bankruptcy are doing so under an approved court process that requires they put aside large amounts of money to compensate future victims. Trusts like these allow more claimants to be compensated however the amount is typically lower than what would have been granted under a tort system.
The value of an asbestos claim is contingent on the severity of the disease, the length of time it took the victim to develop the disease and the severity of the suffering suffered by the victim. The value of an asbestos case is also dependent on the amount of lost wages, medical expenses and the degree to which a mesothelioma victim's suffering and pain can be quantified.
The majority of states have statutes of limitations restricting the length of time that a mesothelioma asbestos-related injury victim can pursue legal action against the defendant. The date that the plaintiff was diagnosed with mesothelioma usually is a constructive notice that starts the clock for the time period of limitation.
The majority of mesothelioma cases settle or resolved by the court since mesothelioma can be a lethal cancer that takes years to show symptoms. However, if mesothelioma patients do die before reaching a resolution and their estates are able to continue pursuing an asbestos lawsuit to recover compensation on their behalf.
Waters Kraus &Paul's lawyers represent clients in a wide range of industries throughout the United States and around the world who have suffered from asbestos exposure. We hold asbestos producers and their insurers responsible for their part in exposing victims to this harmful chemical. We have represented families of mesothelioma victims in court cases against companies located throughout the United States, Canada and the Middle East including Iran.
Trials
When a trial does occur the victims could receive verdicts worth millions of dollars. These awards can be used to cover medical costs, lost wages and other losses resulting from asbestos exposure. A jury can also decide to award punitive damages in order to punish the accountable companies for their conduct and to deter other firms from putting their employees or customers in danger.
A compensation from an asbestos lawsuit can aid families of mesothelioma patients get back on their legs after losing a loved one to the disease. Families often need to take off work to take care of mesothelioma patients, resulting in lost income. Mesothelioma settlements and judgments could pay for the expenses and provide family members financial security.
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 have been created to pay victims. Research has proven that asbestos exposure causes lung damage and diseases like mesothelioma.
A mesothelioma lawyer can construct and negotiate an argument to ensure that clients receive the maximum award. A lawyer with experience will advise clients on the pros of settling cases versus going to trial. An attorney can explain how various states' statutes of limitations and asbestos laws may affect the claim.
During the trial attorneys and clients conduct a series of meetings known as discovery. During this phase, attorneys gather information and evidence from defendants in preparation for trial. Many defendants will be settled during this phase to avoid a damaging jury verdict.
A knowledgeable mesothelioma lawyer has the experience and resources needed to hold accountable asbestos manufacturers, distributors and insurance companies accountable for their actions. Waters Kraus & Paul attorneys have successfully held asbestos companies accountable for their negligence and secured significant settlements on behalf of their clients. Call us today to find out how we can help your family and you get the justice you deserve. We represent people nationwide who were exposed to asbestos. If you or a loved one suffered from an asbestos-related illness we can assist you to seek the compensation you deserve.