Mesothelioma Lawsuits
Asbestos lawyers can sue companies that are accountable for asbestos exposure. This could include former employers or asbestos producers.
The companies were aware of asbestos's dangers but failed to inform their workers. These lawsuits seek compensation for victims and their families.
Most asbestos lawsuits settle before trial. Professionally trained attorneys are prepared to bring your case to a jury trial, in the event of a need.
Military Service
Mesothelioma is a rare and pervasive disease but it can be a concern for veterans who were exposed to asbestos while serving in the military. Mesothelioma suits are filed against asbestos companies who are accountable and compensation could be awarded to pay for the costs of treatment.
Asbest was present in many types of military equipment including boilers, pipes and engine rooms. A variety of military equipment, such as boilers pipes, boilers, and engine rooms, contained asbestos. The Navy was the branch of the military that had the greatest exposure to asbestos. This is the reason why a lot of Navy veterans are diagnosed with mesothelioma and other asbestos-related diseases.
Asbestos victims are compensated in a variety of ways as well as VA benefits and legal settlements. Since mesothelioma can be treated, the condition is classified as a total and lasting disability, which means veterans are qualified for VA disability payments.
The benefits that veterans receive from the VA and legal settlements may assist in paying for their medical treatments as well as provide support to their families and enable them to lead a life of comfort. Asbestos lawyers can help veterans to understand how these benefits work and assist in filing claims.
Lawyers can help their clients in filing asbestos lawsuits against manufacturers of the deadly substance. Many large companies were aware of the dangers associated with asbestos, but chose to file for bankruptcy to avoid liability. Waters Kraus and Paul's mesothelioma lawyers hold asbestos-related companies accountable.
Some mesothelioma cases wind in court, despite though most settle. In a trial, victims are presented before a jury and judge, who could award more or less money than a settlement. In one mesothelioma trial, a jury gave $40 million to the victim's family. This is the biggest verdict ever given in asbestos cases. The attorneys representing the victims must prove that defendants were negligent and accountable for the victim's exposure to asbestos. 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 and compensation for pain, the victims and their families could also 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 point at which a victim receives compensation. This is the reason it is essential to find a mesothelioma attorney as soon as you can.
Asbestos lawsuits can be a bit complicated. They involve a variety of parties including multiple trusts as well as a complex series of legal procedures. The lawsuits are filed by mesothelioma patients or their estates against companies that manufactured asbestos-related products. The companies were aware of the link between mesothelioma and asbestos 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 collapse of numerous companies that manufacture asbestos-containing products. This has led to the formation of a legal industry devoted exclusively to asbestos litigation.
Companies that are not in business tend to limit their exposure through bankruptcy filings. The method, referred to as the Texas Two-Step, is based on the state law that permits businesses with large liabilities to establish an entity with a small amount of assets. The company then reorganizes the company through Chapter 11 and moves the assets and liabilities into the newly established subsidiary.
In most cases, the new subsidiary will be in another jurisdiction to avoid lawsuits that relate to asbestos exposure that occurred before the restructuring. This strategy has been used in several high profile cases, including J&J's reorganization of LTL Management, which faced 40,000 claims for baby powder. Gordon's company represents a variety of clients who are currently utilizing this strategy for their clients, including Georgia-Pacific Bestwall which is facing 60, 000 claims.
The statute of limitations may complicate asbestos lawsuits. Mesothelioma generally develops between 10 and 40 years following asbestos exposure. State laws, also referred as statutes or limitations, allow victims between one and five years to file a lawsuit. If there is that a death is wrongful, the family has one to three years to file a lawsuit starting from the date the deceased loved one passed away.
Settlements
Many times, asbestos-related diseases result in significant settlements. Some cases, such as the wrongful death lawsuit brought by the family of an asbestos pipefitter, result in the jury awarding millions of dollars. In many cases, victims are offered very little compensation. The primary reason is that many companies that once produced and installed asbestos are now closed or bankrupt. Companies that manufacture asbestos who file for bankruptcy must follow a court-approved procedure that requires them to put aside large sums of money in order to compensate future victims. These trusts do allow for more claimants to be compensated however the amount is usually considerably lower than what would be awarded in a tort system case.
The value of an asbestos case is dependent on the severity of the disease as well as the time it took to develop and how much the victim's life has been affected. The value of an asbestos case is also influenced by the amount of lost wages, medical expenses and the degree to which mesothelioma victims' suffering and pain can be quantified.
The majority of states have statutes of limitation restricting the length of time a mesothelioma and other asbestos-related injury victim can pursue legal action against a defendant. The date of the plaintiff's diagnosis of mesothelioma typically acts as a constructive notice and sets the clock on the SOL.
Because mesothelioma is a deadly form of cancer and it takes a long time for symptoms to show up, most mesothelioma claims are not litigated and are resolved through a settlement or award from the court. However, if mesothelioma patients do die before their case reaches an agreement and their estates are able to continue pursuing an asbestos lawsuit in order to obtain compensation 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 producers and their insurers responsible for their role in exposing the victims to the toxic chemical. We have represented families of mesothelioma victims in cases against companies that were located across the United States, Canada and the Middle East including Iran.
Trials
Although going to trial isn't often, when it does happen, victims are able to receive multi-million-dollar verdicts. These awards can cover medical expenses, lost wages and other losses that result from asbestos exposure. A jury can also award punitive damages to punish the responsible business for their conduct and to discourage others from putting customers or employees in danger.
Fort Collins asbestos attorney from an asbestos lawsuit could aid 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 care for mesothelioma sufferers and this results in a loss of income. Mesothelioma settlements and judgements can cover these expenses and ensure that family members have an economic future to look toward.
Asbestos lawsuits have been a part of mass torts for a long time in the United States. The litigation has led to dozens of businesses declaring bankruptcy, and asbestos trust funds were created to compensate victims. Studies have proven that asbestos exposure leads to lung damage and diseases such as mesothelioma.
A mesothelioma attorney can build and argue an argument to ensure that 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 implications of asbestos laws and other state laws on a claim.
During the litigation process, attorneys and their clients conduct a series of interviews, which is known as discovery. In this phase, attorneys collect evidence and details from defendants in order to prepare for trial. Many defendants will agree to settle during this stage to avoid a potentially damaging verdict by a jury.
A knowledgeable mesothelioma lawyer has the expertise and resources necessary to hold accountable asbestos manufacturers, distributors and insurance companies accountable for their negligence. Waters Kraus & Paul attorneys have successfully held asbestos-related companies accountable for their wrongful conduct and secured significant settlements on behalf of their clients. Contact us today to learn more about how we can assist you and your family receive the justice you deserve. We represent asbestos-exposed people across the country. If you or someone close to you suffered from an asbestos-related illness We can help you get the compensation you deserve.