The Most Significant Issue With Asbestos Lawsuit, And How You Can Resolve It
Mesothelioma Lawsuits
Asbestos attorneys can sue the companies that are responsible for asbestos exposure. They could be former employers or asbestos producers.
The companies were aware of the dangers of asbestos exposure, but they failed to warn their employees. These lawsuits seek compensation for the victims and their families.
Most asbestos lawsuits settle before trial. However, experienced lawyers can take your case to the jury trial if required.
Military Service
Mesothelioma is a rare, but fatal illness can affect veterans who were exposed to asbestos during their military service. Mesothelioma lawsuits are filed against asbestos companies who are accountable and compensation could be awarded to pay for the costs of treatment.
Asbest was found in a variety of types of military equipment, including boilers, pipes and engine rooms. This is because many types of military equipment were asbestos-containing including boilers, pipes and engine rooms. The Navy was the branch of the military with the greatest 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 a variety of avenues, including VA benefits, legal settlements and trust funds. As mesothelioma can be classified as an incurable disease veterans are able to receive VA disability payments.
Veterans can receive compensation from the VA or legal settlements that help pay for medical expenses and support their families and enjoy a comfortable life. Asbestos lawyers can assist veterans to understand how these benefits work and assist with filing claims.
Lawyers can assist their clients to file asbestos lawsuits against makers of the deadly product. Many large companies were aware of the dangers of asbestos, yet they filed for bankruptcy to avoid liability. 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 mesothelioma lawsuits wind with a trial. In a trial, the plaintiffs are presented before a jury and judge which could give more or less than the amount of a settlement. In one mesothelioma case the jury awarded $40 million to the family of the victim. This is the biggest award ever awarded to an asbestos claim. The victims' attorneys must show that the defendants are responsible for the victim's exposure to asbestos and that they were negligent in causing their injury. This proof is typically presented through the testimony of witnesses who worked with the victims.
Bankruptcy
In addition to financial damages and compensation for pain, victims and their families could also be entitled to medical expenses and compensation. However the process could be long. It usually takes two years or more between diagnosis and the point at which the victim is compensated. This is the reason it is essential to find a mesothelioma lawyer as quickly as possible.
Asbestos lawsuits are complex. They involve numerous parties, including multiple trusts and an extensive set of legal procedures. The lawsuits are filed by mesothelioma sufferers or their estates. Companies were aware of the link between mesothelioma and asbestos, but they continued to manufacture the product for years. Because of this, thousands of asbestos victims have been awarded damages.
A huge number of lawsuits have led to the demise of a number of companies that manufacture asbestos-containing products. This has led to the formation of a legal industry devoted exclusively to asbestos litigation.
The companies that remain in business tend to limit their risk through bankruptcy filings. The Texas Two-Step strategy is based on state law, which permits companies with high liability to establish a subsidiary with low assets. The company then reorganizes itself under Chapter 11 and transfers the assets and liabilities to the newly established subsidiary.
In most cases the new subsidiary will be located in a different jurisdiction to avoid lawsuits that relate to asbestos exposure that occurred prior to the restructuring. This strategy has been utilized in a number of high-profile cases like J&J's restructuring of LTL Management which faced 40,000 claims for baby powder. Gordon's firm currently represents a number of clients that are using this strategy, including Georgia-Pacific's Bestwall which is currently facing 60, 000 claims.
The statute of limitations may make asbestos lawsuits more difficult. Mesothelioma typically develops between 10 and 40 years after asbestos exposure. State laws, also known as statutes or limits, allow victims between one and five years to file suit. In the event of the death of a loved one, relatives can file a claim for up to three years from the date of the deceased loved one's death to file an action.
Settlements
Most asbestos-related diseases result in substantial settlements. Some cases, such as the wrongful death lawsuit filed by the family of an asbestos pipefitter result in jury awards of millions of dollars. In many instances, victims receive relatively little compensation. This is due to the fact that many of the companies which once produced asbestos and then installed it have closed down or gone bankrupt. Asbestos companies that file for bankruptcy are doing so under a court-approved process that requires they put aside a large amount of money to pay future victims. Trusts can allow more claimants to be compensated but the amount is often substantially lower than what could be awarded in a tort system case.
The value of an asbestos claim is based on the severity of the disease, the length of time it took for the victim to develop the illness and the extent of the suffering of the victim. The value of a dollar is determined by the amount of medical expenses as well as lost wages and the severity of the suffering of the victim.
Most states have statutes of limitation that limit the time a mesothelioma or other asbestos-related injury victim can pursue legal action against the defendant. The date the plaintiff was diagnosed with mesothelioma usually is an effective notice that begins the clock for the statute of limitations.
The majority of mesothelioma cases are settled or disposed of by the courts because mesothelioma can be a deadly cancer that takes years to manifest symptoms. If Rochester Hills asbestos lawyer die before their cases are settled and their estates are able to continue to pursue a lawsuit against asbestos on their behalf.
Waters Kraus and Paul's lawyers represent clients in a wide range of industries across the United States and around the world who have suffered from asbestos exposure. We hold asbestos producers and their insurers accountable for their role in exposing victims to this dangerous chemical. We have represented the families of mesothelioma patients in cases against companies across the United States and Canada, as well as 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 may cover the cost of medical treatment loss of wages, medical expenses, and other damages resulting from asbestos exposure. A jury can also award punitive damages to penalize the responsible company for their actions and to discourage others from putting consumers or employees in danger.
A settlement from an asbestos lawsuit could help mesothelioma families get back on their legs after losing a loved one to the disease. Families are often forced to take off work to care for mesothelioma patients, resulting in lost income. Mesothelioma settlements and judgments could help pay for the cost and offer family members a financial plan for the future.
Asbestos lawsuits have been part of mass torts for a long time in the United States. The lawsuits have led to dozens of companies declaring bankruptcy and asbestos trust funds have been created to pay victims. Research has shown that exposure to asbestos causes lung damage and illnesses such as mesothelioma.
A mesothelioma attorney can build and negotiate an argument to ensure that clients receive the highest amount. A knowledgeable lawyer can advise clients on the advantages and disadvantages of settling a case versus pursuing a trial. An attorney can explain how various states' statutes of limitations and asbestos laws could impact the outcome of a case.
During the litigation process attorneys and their clients conduct a series meetings, referred to as discovery. In this phase, lawyers collect evidence and information from defendants in preparation for trial. During this time, many defendants are willing to settle to avoid a damaging verdict.
An experienced mesothelioma lawyer has the expertise and resources necessary to hold responsible asbestos distributors, manufacturers and insurance companies accountable for their actions. Waters Kraus & Paul attorneys have successfully held asbestos companies accountable for their negligence and secured substantial settlements for their clients. Call us today to find out how we can help your family and you get the justice you deserve. We represent people across the country who were exposed to asbestos. We can help you receive the compensation you deserve if you or someone you know has contracted an asbestos-related condition.