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Mesothelioma Lawsuits
Asbestos lawyers can hold the asbestos-related companies accountable through a lawsuit. They could be former employers or asbestos manufacturers.
These companies were aware of the dangers associated with asbestos, but did not warn their employees. These lawsuits seek compensation for the victims and their families.
Most asbestos lawsuits settle before trial. However, experienced lawyers can bring your case all the way to an eventual jury trial, if needed.
Military Service
Mesothelioma is a rare but fatal disease can affect veterans who were exposed to asbestos during their military service. Mesothelioma suits are filed against asbestos companies that are responsible, and compensation may be awarded to cover the costs of treatment.
Military personnel were exposed to asbestos serving in the military, especially when working on ships and in shipyards. You Tube is because a wide range of military equipment contained asbestos such as boilers, pipes and engine rooms. The Navy was the branch that had the most exposure to asbestos. This is why many Navy veterans are diagnosed with mesothelioma and other asbestos-related illnesses.
Asbestos victims receive compensation in multiple ways In addition, they receive VA benefits and legal settlements. Since mesothelioma is classified as an incurable condition veterans are able to receive VA disability benefits.
The benefits that veterans receive from the VA and legal settlements can help pay for their medical treatments and provide financial support to their families and allow them to live a comfortable life. Asbestos attorneys can help veterans know how these benefits work and assist in submitting claims.
Lawyers can assist their clients to file asbestos lawsuits against producers of the deadly product. Many large corporations were aware of the dangers of asbestos, but filed for bankruptcy to avoid being held accountable. However, the mesothelioma lawyers at Waters Kraus & Paul hold asbestos-related 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 to a judge and jury who may give more or less than the amount of a settlement. In one mesothelioma-related trial, a jury gave $40 million to the victim's family. This verdict is the highest ever for an asbestos case. The lawyers representing the victims have to prove that the defendants were accountable for the victim's exposure asbestos and that they were negligent in causing the injury. This proof is typically supported by the documents and testimony of witnesses who were working with victims.
Bankruptcy
In addition to damages in the form of money and compensation for pain, victims and their families could be entitled to medical expenses and compensation. The process may take a long time. It typically takes two years or more between diagnosis and the time a victim receives compensation. Therefore, it is important to speak with a mesothelioma lawyer as soon as you can.
Asbestos litigation can be complicated. They involve a variety of parties, including multiple trusts and a complicated series of legal procedures. The lawsuits are brought by mesothelioma patients and their estates against companies that manufactured asbestos products. The companies were aware of the connection between mesothelioma and asbestos however, they continued to produce the product 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 gone bankrupt because of the colossal number of lawsuits. This has given rise to an exclusive legal industry that focuses on asbestos litigation.
The companies that remain in business tend to limit their risk through bankruptcy filings. The Texas Two-Step strategy is based on state law which allows companies with high liability to form a subsidiary with low assets. The company then reorganizes under Chapter 11 and transfers the assets and liabilities to the newly created subsidiary.
In many instances, the new subsidiary is in a different jurisdiction to avoid lawsuits relating to asbestos exposure that occurred prior to the restructuring. This is the approach used in a number of high-profile cases, including J&J's restructuring of LTL Management, which faced 40,000 baby powder claims. Gordon's firm has a number of clients currently utilizing this strategy as well, including Georgia-Pacific Bestwall which is currently facing 60, 000 claims.
The statute of limitations may make asbestos lawsuits more complicated. Mesothelioma typically occurs between 10 and 40 years following exposure to asbestos. State laws, also known as statutes of limitations allow victims one to five years to make a claim. If there is an untimely death family member can have up to three years to file a lawsuit beginning from the date the loved one died.
Settlements
The victims of asbestos-related illnesses are often awarded substantial settlements. In some cases, like the wrongful death suit brought by the family of an asbestos pipefitter, the jury awarded awards of up to millions of dollars. However, in other cases, victims are able to settle for relatively little. This is due to the fact that many of the companies that produced asbestos and then installed it have shut down or gone bankrupt. Asbestos companies that are filing for bankruptcy do so under the approval of a court. This process requires that they put aside large amounts of money to pay future victims. These trusts allow more claimants to be compensated however the amount is usually much less than the amount given under the tort system.
The value of an asbestos claim is contingent on the severity of the condition, the length of time it took for the victim to develop the illness and the severity of the suffering of the victim. The value of the dollar is determined by the amount of medical expenses, lost wages and the severity of the victim's suffering.
The majority of states have statutes that limit the time period within which mesothelioma victims or a related asbestos-related injury, can bring a lawsuit against the defendant. The date on which the plaintiff was diagnosed with mesothelioma usually is an indication of intent to start the clock for the statute of limitations.
Because mesothelioma is a deadly form of cancer, and it takes decades for symptoms to manifest in mesothelioma patients, most claims are not litigated and are settled with settlement or an award from the court. If mesothelioma patients die before their cases are settled the estates of their deceased victims may continue to pursue a lawsuit against asbestos on their behalf.
Waters Kraus & Paul represents clients from a variety of industries in 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 this toxic chemical. We have represented families of mesothelioma victims in cases against companies located across the United States, Canada and the Middle East including Iran.
Trials
While going to trial is not common but when it does happen victims could receive verdicts of millions of dollars. These awards may cover medical costs, lost wages, and other damages resulting from asbestos exposure. A jury can also award punitive damages to punish the accountable companies for their behavior and to discourage other companies from putting consumers or employees in danger.
A compensation from an asbestos lawsuit can help families of mesothelioma patients recover after losing a loved to the disease. Families are often required to take time off from work in order to take care of mesothelioma patients and this results in a loss of income. Mesothelioma settlements and judgments could cover the costs and give family members financial security.
Asbestos-related lawsuits have been part of mass torts for a long time in the United US. The lawsuits have resulted in dozens of companies filing for bankruptcy, and asbestos trust funds have been established to compensate victims. Research has shown that exposure to asbestos causes lung damage as well as diseases such as mesothelioma.
A mesothelioma lawyer is able to construct and negotiate cases to ensure clients receive the maximum amount. A lawyer with experience will advise clients on the pros of settling claims versus going to trial. An attorney can explain the effect of asbestos laws and different state laws on claims.
During the litigation process attorneys and their clients conduct a series meetings, referred to as discovery. During this stage, attorneys collect evidence and information from the defendants to prepare for trial. A lot of defendants agree to settle during this stage to avoid a damaging verdict by a jury.
A mesothelioma attorney with experience has the expertise 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 negotiated substantial settlements for their clients. Contact us today to find out more about how we can assist you and your family receive the justice you deserve. We represent asbestos-exposed people across the nation. We can help you receive the compensation you deserve if or someone you love has contracted an asbestos-related disease.
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