The 10 Most Dismal Asbestos Lawsuit Failures Of All Time Could Have Been Prevented
Mesothelioma Lawsuits
Asbestos lawyers can sue companies that are accountable for asbestos exposure. These companies may include former employers or asbestos producers.
These companies were aware of the dangers of asbestos exposure, but did not warn their employees. These lawsuits seek compensation for the victims and their families.
Most asbestos lawsuits settle before trial. Professionally trained attorneys are prepared to take your case to a trial before a jury, should you require.
Military Service
Mesothelioma is a rare but deadly disease, can affect veterans exposed to asbestos during their service in the military. Mesothelioma lawsuits are filed against responsible asbestos companies and compensation is offered to cover the cost of treatment.
Asbest was present in many kinds of military equipment, including boilers, pipes and engine rooms. Many types of military equipment, like boilers pipes, boilers and engine rooms contained asbestos. The Navy was the branch with the highest exposure to asbestos. This is why so many Navy veterans have been diagnosed with mesothelioma and other asbestos-related diseases.
Asbestos victims are compensated in various ways, including VA benefits and legal settlements. As mesothelioma can be classified as an incurable condition, veterans are eligible to receive VA disability benefits.
The amount of compensation veterans receive from the VA and legal settlements can assist in paying for their medical treatment and provide financial support to their families and allow them to enjoy a comfortable life. Asbestos lawyers can help veterans learn more about the benefits and help them file claims.
Lawyers can assist clients in filing asbestos lawsuits against the manufacturers of the deadly substance. Many large companies were aware of the dangers associated with asbestos, but chose to file for bankruptcy to avoid being held accountable. However mesothelioma lawyers from Waters Kraus & Paul hold these asbestos companies accountable.
While the majority of cases end up with a settlement, a handful of mesothelioma lawsuits end with a trial. In a trial, victims are presented before a judge and a jury which could give more or less than the amount of a settlement. In one mesothelioma-related 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 demonstrate that the defendants were responsible for the victim's exposure to asbestos and that they were negligent in causing their injury. This evidence is typically presented through the use of documents and testimony from witnesses who worked with the victim.
Bankruptcy
In addition to the financial damages, victims and their families can also be awarded medical expenses and compensation for suffering and pain. However the process can be lengthy. In general, it can take two years or more between the time of diagnosis and the time they receive compensation. This is why it is important to find a mesothelioma lawyer as soon as you are able.
Asbestos lawsuits are complex. The lawsuits are a bit complicated with multiple parties and trusts. The lawsuits are filed by mesothelioma patients or their estates. The companies were aware of the link between mesothelioma and asbestos, however, they continued to manufacture the product for decades. As a result of this, thousands of asbestos victims have received compensation.
Many of the companies producing asbestos-containing products have gone under due to the overwhelming number of lawsuits. This has led to the creation of a legal profession dedicated exclusively to asbestos litigation.
The companies that are left 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 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 established subsidiary.
In many instances the new subsidiary is situated in a different jurisdiction to avoid lawsuits related to asbestos exposure that occurred prior to the restructuring. This has been the strategy in several high profile cases, including J&J's restructuring of LTL Management, which faced 40,000 baby powder claims. Gordon's firm represents a number clients currently utilizing this strategy as well, including Georgia-Pacific Bestwall which is facing 60,000 claims.
The statute of limitations may make asbestos lawsuits more complicated. Mesothelioma typically occurs between 10 and 40 years following asbestos exposure. State laws, also known as statutes or limits, allow victims between one and five years to file a lawsuit. In the case a wrongful death family has a period of one to three years to file a lawsuit from the date the deceased loved one passed away.
Settlements
Many times, asbestos-related diseases result in substantial settlements. In some cases, like the wrongful death suit brought by the family of an asbestos pipefitter resulted in jury settlements of millions of dollars. In many cases, victims receive very little compensation. This is because a lot of the companies that manufactured and installed asbestos have closed down or declared bankruptcy. Asbestos companies that are filing for bankruptcy do so under the approval of a court. This process requires that they set aside large funds to pay future victims. Trusts allow more claimants to be compensated but the amounts are often considerably lower than what would be granted 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 much the life of a victim has been affected. The value of the dollar is determined by the amount of medical expenses and lost wages, as well as the extent of the victim's suffering.
Most states have statutes of limitation that limit the time that a mesothelioma asbestos-related injury victim can file a lawsuit against the defendant. The date of the plaintiff's diagnosis of mesothelioma typically acts as constructive notice and starts the clock on the SOL.
The majority of mesothelioma cases settle or disposed of by the court since mesothelioma is a fatal cancer that can take years before it begins to show symptoms. But, if mesothelioma sufferers do die before reaching 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 diverse industries across the United States and abroad who have been exposed to asbestos. We hold asbestos producers and their insurers accountable for their role in exposing victims to this dangerous chemical. We have represented families of mesothelioma patients in cases against companies located throughout the United States and Canada, and also in the Middle East, including Iran.
Trials
If a trial occurs the victims could receive verdicts worth millions of dollars. North Richland Hills asbestos attorney may cover medical costs, lost wages and other losses related to asbestos exposure. A jury may also award punitive damages to punish the accountable companies for their behavior and to deter other firms from putting their employees or customers in danger.
Compensation from an asbestos lawsuit can help families of mesothelioma victims get back on their feet after losing loved ones to the disease. Families often need to take time off from work to take care of mesothelioma patients, which results in a loss of income. Mesothelioma judgments and settlements can help pay for the cost and offer family members a financial future.
Asbestos lawsuits have been a part of mass torts for decades in the United America. The litigation has led to dozens of businesses declaring bankruptcy, and asbestos trust funds have been established to compensate victims. Studies have shown that asbestos exposure 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 award. An experienced lawyer can guide clients through the advantages of settling claims as opposed to going to trial. An lawyer can explain how the different state statutes of limitations and asbestos laws could impact the claim.
During the course of litigation attorneys and their clients conduct a series of meetings called discovery. During this phase, attorneys gather information and evidence from defendants in preparation for trial. A lot of defendants agree to settle during this stage to avoid a damaging jury verdict.
A mesothelioma lawyer who is experienced has the expertise and resources necessary to hold accountable asbestos distributors, manufacturers and insurance companies accountable for their wrongful actions. Waters Kraus & Paul attorneys have successfully held asbestos companies accountable for their negligence and negotiated substantial settlements on behalf of their clients. Contact us today to find out more about how we can help you and your family receive the justice you deserve. We represent people nationwide who were exposed to asbestos. If you or someone close to you suffered from an asbestos-related illness, we can help you find the compensation you are due.