A Proficient Rant About Asbestos Lawsuit
Mesothelioma Lawsuits
Asbestos lawyers can hold the asbestos-related companies accountable through an action. They could be former employers or asbestos producers.
The companies were aware of the asbestos risks but did not inform their workers. These lawsuits seek compensation for victims and their families.
Most asbestos lawsuits settle before trial. Experienced attorneys are ready to bring your case to a trial before a jury, if needed.
Military Service
Mesothelioma is a rare and insidious disease however, it can also affect veterans who were exposed to asbestos in the military. Mesothelioma lawsuits are filed against the responsible asbestos companies, and compensation can help pay for treatment.
Military personnel were exposed to asbestos in the service, especially when working on ships or in shipyards. Many kinds of military equipment, including boilers pipes, boilers, and engine rooms, were contaminated with asbestos. The Navy was the part of the military that had the highest exposure to asbestos. This is the reason why a lot of Navy veterans have been diagnosed with mesothelioma and other asbestos-related illnesses.
Asbestos victims are awarded compensation through a variety of avenues, including VA benefits legal settlements, trust funds. As mesothelioma can be classified as an incurable condition Veterans are able to receive VA disability benefits.
Veterans can be eligible for compensation from the VA or legal settlements to help pay for medical treatments as well as support their families and enjoy a life of comfort. Asbestos lawyers can assist veterans learn more about the benefits and assist in filing claims.
Lawyers can help their clients bring asbestos lawsuits against manufacturers of the deadly substance. Many large corporations were aware of the dangers associated with asbestos, yet they filed for bankruptcy to avoid being held accountable. Waters Kraus and Paul's mesothelioma lawyers hold asbestos companies accountable.
Although most cases result in settlements, a few mesothelioma lawsuits wind with a trial. In a trial, the plaintiffs are brought before a jury and judge who may award greater or lesser money than the amount of a settlement. In one mesothelioma-related trial the jury gave $40 million to the family of the victim. This is the highest verdict ever handed out in asbestos cases. The attorneys representing the victims must prove that defendants were negligent and responsible for the victim being exposed to asbestos. This proof is typically supported by the documents and testimony of witnesses who worked with victims.
Bankruptcy
In addition to damages in the form of money and compensation for pain, the victims and their families may also be entitled to medical expenses and compensation. The process may take a long time. Typically, it takes two years or longer between the victim's diagnosis and when they receive compensation. Therefore, it is important to speak with an attorney for mesothelioma as soon as you can.
Asbestos lawsuits are complex. The lawsuits are complex that involve multiple parties and trusts. The lawsuits are brought by mesothelioma patients and their estates against companies that manufactured asbestos products. The companies were often aware of the connection between mesothelioma and asbestos, but continued to produce asbestos products for decades. Because of this, a lot of asbestos victims have received damages.
Many of the companies producing asbestos-containing products have gone bankrupt due to the staggering amount of lawsuits. This has led to the creation of a legal industry devoted exclusively to asbestos litigation.
The companies that remain in business are often trying to limit their risk through bankruptcy filings. The strategy, known as the Texas Two-Step, is based on the state law that permits companies with large liabilities to create a new subsidiary with few assets. The company then reorganizes through Chapter 11 and moves the assets and liabilities into the newly established subsidiary.
In most cases the new subsidiary will usually be in another jurisdiction to avoid lawsuits arising from asbestos exposure prior to the restructuring. This strategy has been used in several high profile cases, including J&J's reorganization of LTL Management, which faced the possibility of 40,000 baby powder claims. Gordon's firm currently represents many clients who are using the strategy, such as Georgia-Pacific's Bestwall which is currently facing more than 60,000 claims.
The statute of limitations can complicate asbestos lawsuits. Mesothelioma typically occurs between 10 and 40 years following exposure to asbestos. State laws, also referred as statutes or limitations give victims between one and five years to file a lawsuit. In the case a wrongful death, the family has one to three years to file a lawsuit beginning from the date the deceased loved one passed away.
Settlements
The victims of asbestos-related diseases are often awarded substantial settlements. In some cases, like the wrongful death suit filed by the family of an asbestos pipefitter, the jury awarded settlements that reached millions of dollars. In many cases, victims are offered very little compensation. The reason behind this is that a lot of companies which once manufactured and used asbestos are now shut down or insolvent. Companies that manufacture asbestos that file for bankruptcy must follow a procedure that is approved by the courts which requires them to reserve huge sums of money in order to pay future victims. These trusts do allow for more claimants to receive compensation but the amount is often substantially lower than what could be granted in a tort case.
The value of an asbestos case is contingent on the severity of the disease, how long it took to develop and how a victim's life has been affected. The value of the dollar is determined by the amount of medical expenses as well as lost wages and the extent of the suffering of the victim.
asbestos class action have statutes that limit the time period within which a victim of mesothelioma or any other asbestos-related disease, can file an action against a defendant. The date of the plaintiff's diagnosis with mesothelioma typically acts as constructive notice and sets the clock on the SOL.
Since mesothelioma is a fatal type of cancer that takes a long time for symptoms to manifest, most mesothelioma claims are not litigated and are resolved through a settlement or award from the court. However, when mesothelioma patients do die before their case has reached an agreement, their estates can continue to pursue an asbestos lawsuit in order to obtain compensation on their behalf.
Waters Kraus & Paul's attorneys 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 manufacturers and their insurers accountable for their role in exposing victims to the dangerous chemical. We have represented families of mesothelioma sufferers in cases against companies throughout the United States and Canada, and also in the Middle East, including Iran.
Trials
When a trial does occur, victims can receive verdicts in the millions. These awards can cover medical expenses, lost wages, and other damages resulting from asbestos exposure. A jury may also award punitive damages to punish the responsible companies for their behavior and to discourage other companies from putting consumers or employees in danger.
An asbestos lawsuit can help mesothelioma families get back on their legs after losing a loved to the disease. Families often have to take time off from work to care for a mesothelioma patient, resulting in loss of income. Mesothelioma settlements and judgments can help pay for these expenses and ensure that family members have an income and financial future to look towards.
Asbestos-related lawsuits are among the longest-running mass torts in U.S. history. The lawsuits have resulted in dozens of companies declaring bankruptcy and asbestos trust funds have been created to pay victims. Studies have proven that exposure to asbestos causes lung damage and illnesses like mesothelioma.
A mesothelioma lawyer can construct and negotiate an argument to ensure that clients receive the highest amount. A lawyer with experience will provide advice to clients on the benefits of settling claims as opposed to going to trial. An attorney can explain how different state statutes of limitation and asbestos laws may affect the claim.
During the process of litigation attorneys and their clients conduct a series of meetings, referred to as discovery. In this phase, lawyers gather information and evidence from the defendants to prepare for trial. During this time, many defendants are willing to compromise to avoid a damaging verdict.
An experienced mesothelioma lawyer has the knowledge and resources to hold asbestos manufacturers, distributors, and insurance companies accountable for their negligence. Waters Kraus & Paul attorneys have successfully held asbestos companies accountable for their negligence and negotiated substantial settlements on behalf of their clients. Call us today to find out how we can assist your family and you get the justice that you deserve. We represent people across the country who were exposed to asbestos. If you or someone close to you was diagnosed with an asbestos-related disease We can help you get the compensation you deserve.