Mesothelioma Lawsuits
Asbestos lawyers can hold the companies responsible for exposure accountable through the filing of a lawsuit. They could be former employers or asbestos producers.
These companies were aware of the dangers of asbestos exposure, but they failed to warn their employees. These lawsuits seek to compensate the companies for their workers as well as victims.
Most asbestos lawsuits settle before trial. However, experienced attorneys can go all the way to a jury trial if necessary.
Military Service
Mesothelioma is a rare, but deadly disease can affect veterans who were exposed to asbestos during their military service. 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 in the service, especially while working on ships and in shipyards. This is because many types of military equipment had asbestos including boilers, pipes and engine rooms. The Navy was the branch with the highest exposure to asbestos. This is the reason why a lot of Navy veterans are diagnosed with mesothelioma or other asbestos-related illnesses.
Asbestos victims receive compensation in a variety of ways, including VA benefits and legal settlements. Since mesothelioma can be treated, the condition is classified as a permanent and total disability, meaning that veterans are qualified to receive VA disability payments.
Veterans can be eligible for compensation from the VA or legal settlements that help pay for medical expenses, support their families, and enjoy a life of comfort. Asbestos lawyers can assist veterans understand how these benefits operate and assist in submitting 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 these asbestos companies accountable.
While the majority of cases end up with settlements, a few mesothelioma lawsuits wind in trial. In a trial, the victims are brought before a judge and a jury who can award more or less money than an agreement. In one mesothelioma trial which was concluded by a jury, the jury handed out $40 million to family of the victim. This is the biggest verdict ever given in asbestos cases. The lawyers representing the victims must show that defendants were negligent and responsible for exposing the victim to asbestos. This evidence is usually presented through the use of documents and testimony from witnesses who worked with the victim.
Akron asbestos lawsuit
In addition to monetary damages and compensation for pain, the victims and their families may be entitled to medical expenses and compensation. The process may take a long time. It usually takes two years or more between diagnosis and the time the victim is awarded compensation. It is therefore important to contact mesothelioma lawyers as soon as you can.
Asbestos lawsuits are a complex matter. The lawsuits are complicated, involving multiple parties and trusts. The lawsuits are brought by mesothelioma victims or their estates. The companies were aware of the link between mesothelioma and asbestos but continued to produce asbestos products for decades. As a result, thousands of asbestos victims have been awarded damages.
Many of the companies that made asbestos-containing products have been forced to close because of the colossal number of lawsuits. This has led to the creation of a legal sector dedicated exclusively to asbestos litigation.
Companies that are in business often declare bankruptcy to limit their exposure. The strategy, also known as the Texas Two-Step, is based on the state law that permits companies with significant obligations to establish a new subsidiary with few assets. The company then reorganizes under Chapter 11 and transfers the assets and liabilities to the newly formed subsidiary.
In most cases, the new subsidiary will be located in a different country to avoid lawsuits related to asbestos exposure that occurred prior to the restructuring. This strategy has been employed in a variety of high-profile cases like J&J's restructuring of LTL Management which faced 40,000 claims for baby powder. Gordon's firm has a number of clients currently using this strategy as well, including Georgia-Pacific Bestwall which faces 60, 000 claims.
The statute of limitations can complicate asbestos lawsuits. Mesothelioma typically develops 10 to 40 years after exposure to asbestos. State laws, also referred to as statutes or limitations, give victims between one and five years to file a lawsuit. In the case a wrongful death family has one to three years to file a lawsuit beginning from the date the loved one died.
Settlements
Most asbestos-related diseases result in substantial settlements. Certain 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 receive very little compensation. The reason behind this is that a lot of companies that once produced and installed asbestos are now shut down or bankrupt. Asbestos companies that file for bankruptcy are doing so under the approval of a court. This process requires that they put aside large amounts of money to pay future victims. Trusts can allow more claimants to receive compensation however the amount is usually significantly reduced from what might be granted in a tort case.
The value of an asbestos claim is based on the severity of the condition and the time it took for the victim to develop the illness and the severity of the suffering suffered by the victim. The value of a dollar is determined by the amount of medical expenses and lost wages, as well as the severity of the victim's suffering.
Many states have statutes of limitations limiting the amount of time that a mesothelioma asbestos-related injury victim can file a lawsuit against a defendant. The date of the plaintiff's diagnosis with mesothelioma typically acts as a constructive notice and starts the clock on the SOL.
Since mesothelioma can be a deadly type of cancer that takes a long time for symptoms to be evident, most mesothelioma claims don't go to trial and are resolved through an agreement or a decision from the court. If mesothelioma sufferers die before their cases are settled and their estates are able to continue to pursue an asbestos lawsuit 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 manufacturers and their insurers accountable for their part in exposing victims to the dangerous chemical. We have represented families of mesothelioma patients in cases against companies located throughout the United States and Canada, as well as the Middle East, including Iran.
Trials
While going to trial is rare, when it does happen victims can receive multi-million dollar verdicts. These awards can cover medical expenses, lost wages, and other losses that result from asbestos exposure. A jury may also award punitive damage to punish the responsible company for their behavior and to discourage others from putting consumers or employees in danger.
A compensation from an asbestos lawsuit could help mesothelioma families get back on their feet after losing a loved one to the disease. Families are often forced to miss time from work to care for mesothelioma patients and this results in a loss of income. Mesothelioma settlements and judgements can cover these expenses and ensure that family members have an income and financial future to look forward to.
Asbestos-related lawsuits are among the longest-running mass torts in U.S. history. The litigation has led to dozens of companies filing for bankruptcy, and asbestos trust funds have been created to pay victims. Studies have proven that asbestos exposure leads to lung damage and diseases such as mesothelioma.
A mesothelioma lawyer can construct and argue an argument to ensure that clients receive the highest amount. A lawyer with experience will advise clients on the pros of settling claims versus going to trial. An lawyer can explain how the different state statutes of limitations and asbestos laws may affect a claim.
During the course of litigation attorneys and clients conduct a series of interviews called discovery. In this phase, lawyers gather information and evidence from the defendants to prepare for trial. During this time, a lot of defendants are willing to settle to avoid a potentially damaging verdict.
An experienced mesothelioma lawyer has the experience and resources to hold asbestos distributors, manufacturers and insurance companies accountable for negligence. Attorneys at Waters Kraus & Paul have held numerous asbestos companies accountable and secured substantial settlements for their clients. Contact us today to learn more about how we can help you and your family receive the justice you deserve. We represent asbestos-exposed persons across the country. If you or a loved one suffered from an asbestos-related illness We can help you seek the compensation you deserve.