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Mesothelioma Lawsuits
Asbestos lawyers can sue companies accountable for asbestos exposure. These companies could include former employers or asbestos producers.
These companies were aware of the dangers of asbestos exposure, but they failed to warn their employees. These lawsuits seek to compensate the victims and their families.
Most asbestos lawsuits settle before trial. However, experienced lawyers are ready to bring your case to a jury trial if necessary.
Military Service
Mesothelioma is a rare, but fatal illness, can affect veterans exposed to asbestos during their military service. Mesothelioma suits are filed against asbestos-related companies that are accountable, and compensation may be awarded to cover the costs of treatment.
Military personnel were exposed to asbestos while serving in the military, especially while working on ships and in shipyards. This is due to the fact that a variety of military equipment were asbestos-containing such as boilers, pipes, and engine rooms. The Navy was the wing of the military that was exposed to the most exposure to asbestos. This is why so many Navy veterans have been diagnosed with mesothelioma as well as other asbestos-related illnesses.
Asbestos-related victims are compensated through various avenues, such as VA benefits, legal settlements and trust funds. As mesothelioma can be classified as an incurable illness Veterans are able to receive VA disability payments.
The compensation 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 lead a life of comfort. Asbestos attorneys can help veterans to know how these benefits work and assist with filing claims.
Lawyers can help their clients in filing asbestos lawsuits against manufacturers of the deadly substance. Many large corporations were aware of the dangers associated with asbestos and were able to avoid liability by declaring bankruptcy. However, the mesothelioma lawyers at Waters Kraus & Paul hold asbestos companies accountable.
While the majority of cases end up with an agreement, a small number of mesothelioma lawsuits end up going to trial. In a trial the victims are brought before a judge and jury who may award greater or lesser money than the amount of a settlement. In one mesothelioma-related trial, a jury handed out $40 million to victim's family. This is the highest verdict ever given in asbestos cases. The attorneys for the victims must show that defendants were negligent and responsible for the victim being exposed to asbestos. This evidence is usually provided by documents and testimony of witnesses who worked with victims.
Bankruptcy
In addition to financial damages and compensation for pain, victims and their families may also be entitled to medical expenses and compensation. The process can take a long time. It typically takes two years or more between the time of diagnosis and when they receive compensation. Therefore, it is important to speak with a mesothelioma lawyer as early as you can.
Asbestos litigation is a complex one. They involve a variety of parties including multiple trusts as well as a complex series of legal proceedings. The lawsuits are filed by mesothelioma patients or their estates. The companies were usually aware of the link between asbestos and mesothelioma but continued to produce asbestos for a long time. In the end thousands of asbestos victims have been awarded damages.
A large number of lawsuits have led to the bankruptcy of many companies that produce asbestos-containing products. This has led to an entirely legal sector which is focused on asbestos litigation.
Companies that are in business often declare bankruptcy to reduce their risk. 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 that has only a few assets. The company then reorganizes 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 country to avoid lawsuits related to asbestos exposure prior to the change in. This strategy has been used in a number of high-profile cases, including J&J's restructuring of LTL Management, which faced 40,000 baby powder claims. YouTube is currently representing many clients using the strategy, including Georgia-Pacific's Bestwall which is facing more than 60,000 claims.
Asbestos lawsuits can be a bit complicated because of statutes of limitations. Mesothelioma typically develops 10 to 40 years after exposure to asbestos. State laws, also referred to as statutes or limitations, give victims between one and five years to file a lawsuit. In the event of the death of a loved one, relatives have one to three years from the date of the deceased loved one's death to file claims.
Settlements
Many times, asbestos-related diseases result in significant settlements. In certain cases, such as the wrongful death lawsuit filed by the family of an asbestos pipefitter resulted in jury awards of up to millions of dollars. In many cases, victims are offered only a small amount of compensation. The primary reason is that many companies that used to manufacture and install asbestos are now shut down or insolvent. Asbestos companies that file for bankruptcy have to follow a process that has been approved by the court that requires them to reserve large sums of money in order to compensate future victims. Trusts that are set up permit more claimants to be compensated, but the amounts are often much lower than the amount given under the tort system.
The value of an asbestos claim is based on the severity of the disease, the length of time it took the victim to develop the illness and the severity of the victim's suffering. The dollar value of a case is also dependent on the amount of lost earnings, medical expenses and the degree to which mesothelioma victims' pain and suffering can be quantified.
Most states have statutes that limit the time period within which mesothelioma victims, or another asbestos-related disease, can file an action against a defendant. The date the plaintiff was diagnosed with mesothelioma usually is a constructive notice that starts the clock for the statute of limitations.
Because mesothelioma is a deadly form of cancer and it takes a long time for symptoms to manifest in mesothelioma patients, most claims don't go to trial and are settled with settlement or an award from the court. If mesothelioma patients die before their cases are settled, their estates may continue to pursue a lawsuit against asbestos 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 manufacturers and their insurers accountable for their role in exposing victims to this dangerous chemical. We have represented mesothelioma victims' families in cases against companies located across the United States, Canada and the Middle East including Iran.
Trials
When a trial does occur, victims can receive verdicts in the millions. These awards can cover medical costs, lost wages and other losses related to asbestos exposure. A jury may also award punitive damages to punish the responsible business for their actions, and to deter others from putting consumers or employees in danger.
The compensation from an asbestos lawsuit could help mesothelioma victims' families get back on their feet following losing a loved one to the disease. Families often need to take off work to take care of mesothelioma patients, which results in loss of income. Mesothelioma settlements and judgments could help pay for these expenses and ensure that family members have a a financial future to look toward.
Asbestos lawsuits have been part of mass torts for years in the United America. The lawsuits have resulted in dozens of companies declaring bankruptcy, and asbestos trust funds have been created to compensate victims. Research has shown that exposure to asbestos causes lung damage and diseases like mesothelioma.
A mesothelioma lawyer can create and negotiate an argument to ensure clients get the most money. A lawyer with experience will advise clients on the pros of settling cases versus going to trial. An attorney can explain the effect of asbestos laws as well as the different state laws on claims.
During the litigation process, attorneys and their clients conduct a series meetings, referred to as discovery. During this phase attorneys gather evidence and other information from defendants to prepare for trial. A lot of defendants agree to settle during this stage to avoid a potentially damaging verdict by a jury.
A mesothelioma lawyer with experience has the knowledge and resources to make asbestos distributors, manufacturers, and insurance companies accountable for their negligence. Lawyers at Waters Kraus & Paul have successfully held asbestos companies accountable and won significant settlements for their clients. Contact us today to learn more about how we can help you and your family get the justice you deserve. We represent asbestos-exposed people across the country. We can help you receive the compensation you deserve if or someone you love has contracted an asbestos-related condition.
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