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Mesothelioma Lawsuits
Asbestos lawyers can hold companies responsible for exposure accountable through a lawsuit. They could be former employers or asbestos manufacturers.
These companies were aware of the dangers of asbestos exposure, 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 ready to bring your case to the jury trial if required.
Military Service
Mesothelioma is an uncommon and insidious illness but it can be a concern for veterans who were exposed to asbestos serving in the military. Mesothelioma lawsuits are filed against the asbestos companies responsible for the disease and compensation is offered to cover the cost of treatment.
Military personnel were exposed to asbestos serving in the military, especially when working on ships or in shipyards. This is because a wide range of military equipment contained asbestos including boilers, pipes and engine rooms. The Navy was the branch that was exposed to the highest exposure to asbestos. This is the reason that a large number of Navy veterans have been diagnosed with mesothelioma and other asbestos-related diseases.
Asbestos victims are awarded compensation through multiple avenues, including VA benefits legal settlements, trust funds. Because mesothelioma is incurable, it is categorized as a permanent and total disability, which means that veterans are qualified to receive VA disability benefits.
The compensation that veterans receive from the VA and legal settlements may help pay for their medical expenses, provide support for their families and enable them to live a comfortable life. Asbestos lawyers can assist veterans to understand how these benefits operate and assist in submitting claims.
Lawyers can assist clients in filing asbestos lawsuits against the manufacturers of the deadly substance. Many large companies knew of the dangers associated with asbestos and were able escape liability by declaring bankruptcy. Waters Kraus and Paul's mesothelioma lawyers hold asbestos-related companies accountable.
While the majority of cases end up with an agreement, a small number of mesothelioma lawsuits end in trial. In a trial, the victims are presented to a judge and jury which could give more or less than an agreement. In one mesothelioma case which was settled by a jury, a jury awarded the victim's family $40 million in damages. This verdict is the highest ever for an asbestos claim. The attorneys representing the victims must prove that the defendants were responsible for the victim's exposure to asbestos and that they were negligent in causing their harm. This evidence is typically presented through the use of documents and testimony from people who worked with the victim.
Bankruptcy
In addition to financial damages the victims and their families may also be awarded medical expenses and compensation for pain and suffering. The process can take a long period of time. It typically can take two years or more between the victim's diagnosis and the time they receive compensation. It is therefore important to speak with mesothelioma lawyers as soon as you can.
Asbestos litigation is a complex one. The lawsuits are a bit complicated that involve multiple parties and trusts. The lawsuits are filed by mesothelioma sufferers or their estates. The companies were aware of the link between mesothelioma and asbestos but continued to manufacture asbestos products for decades. In the end thousands of asbestos victims have been awarded damages.
Many of the companies that made asbestos-containing products have gone under due to the overwhelming number of lawsuits. This has led to an entirely legal sector which is focused on asbestos litigation.
Businesses that are still in business often declare bankruptcy to reduce their risk. The Texas Two-Step strategy is based on state law, which permits companies with high liabilities to establish a subsidiary with low assets. The company then reorganizes the company through Chapter 11 and moves the assets and liabilities into the newly formed subsidiary.
In Suggested Looking at , the new subsidiary will be located in a different country to avoid lawsuits that relate to asbestos exposure that occurred before the reorganization. This strategy has been used in several high profile cases, such as J&J's reorganization of LTL Management, which faced 40,000 claims for baby powder. Gordon's firm is currently representing many clients who are using the strategy, such as Georgia-Pacific's Bestwall which is facing more than 60,000 claims.
Asbestos lawsuits can be a bit complicated because of the statutes of limitations. Mesothelioma typically develops 10 to 40 years after exposure to asbestos. State laws, also referred to as statutes or limits, give victims between one and five years to file suit. In the event of the death of a loved one, relatives have a period of one to three years from the date of the loved one's death to submit a claim.
Settlements
The victims of asbestos-related diseases are often awarded substantial settlements. Some cases, such as the wrongful death lawsuit filed by the family of an asbestos pipefitter result in the jury awarding millions of dollars. But, in many other cases, the victims are able to settle for relatively little. The reason behind this is that a lot of companies that once produced and installed asbestos are now shut down or bankrupt. Asbestos producers who are filing for bankruptcy do so through the approval of a court. This process requires that they set aside large funds to compensate future victims. Trusts can allow more claimants to receive compensation however the amount is usually significantly reduced from what might have been awarded in a tort case.
The value of an asbestos case is dependent on the severity of the disease, how long it took to develop, and how the victim's life has been affected. The dollar value is also determined by the amount of medical expenses and lost wages, as well as the extent of the victim's suffering.
Many states have statutes of limitation limiting the amount of time a mesothelioma and other asbestos-related injury victim can pursue legal action against the defendant. The date of the plaintiff's diagnosis with mesothelioma typically acts as constructive notice and begins the clock on the SOL.
Because mesothelioma is a deadly form of cancer, and it takes a long time for symptoms to show up and so, the majority of mesothelioma cases don't go to trial and are resolved through an agreement or a decision from the court. However, if mesothelioma patients do die before their case reaches an agreement the estates of their deceased can continue pursuing an asbestos lawsuit to recover compensation on their behalf.
Waters Kraus and Paul's lawyers represent clients across a broad range of industries throughout the United States and around the world who have suffered asbestos exposure. We hold asbestos manufacturers and their insurers accountable for their part in the exposure of victims to this harmful chemical. We have represented families of mesothelioma sufferers in cases against companies throughout the United States and Canada, as well as in the Middle East, including Iran.
Trials
Although trial isn't often but when it does happen victims could receive verdicts of millions of dollars. These awards can be used to cover medical costs, lost wages and other losses resulting from asbestos exposure. A jury may also award punitive damages to punish the responsible company for their actions and to discourage others from putting consumers or employees in danger.
The compensation from an asbestos lawsuit could help families of mesothelioma victims get back on their feet after losing a loved one to the disease. Families are often forced to take time away from work to care for mesothelioma sufferers, which results in lost income. Mesothelioma settlements and judgments can help pay for these expenses and ensure that family members have an economic future to look towards.
Asbestos lawsuits have been part of mass torts for decades in the United States. The litigation has resulted in dozens of companies declaring bankruptcy, and asbestos trust funds have been created to compensate victims. Research has proven that exposure to asbestos can cause lung damage and illnesses such as mesothelioma.
A mesothelioma attorney can build and negotiate an argument to ensure clients receive the highest amount. A lawyer with experience will provide advice to clients on the benefits of settling cases versus going to trial. A lawyer can explain the impact of asbestos laws as well as the different state statutes on a claim.
During the litigation attorneys and their clients conduct a series of interviews known as discovery. In this phase, lawyers collect evidence and information from defendants to prepare for trial. During this time, a lot of defendants will agree to settle to avoid a potentially damaging verdict.
A mesothelioma lawyer with experience has the experience and resources to hold asbestos manufacturers, distributors and insurance companies accountable for their negligence. Waters Kraus & Paul attorneys have successfully held asbestos-related companies accountable for their negligence and secured substantial settlements for their clients. Contact us today to find out more about how we can assist you and your family get the justice you deserve. We represent individuals across the nation who were exposed to asbestos. We can assist you in obtaining the compensation you deserve if you or someone you know has contracted an asbestos-related disease.
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