Mesothelioma Lawsuits
Asbestos lawyers can sue companies accountable for asbestos exposure. This could include former employers or asbestos producers.
These companies knew the risks associated with asbestos but failed to warn their workers. These lawsuits seek compensation for victims and their families.
Most asbestos lawsuits settle before trial. However, experienced attorneys are prepared to take your case to the jury trial if required.
Military Service
Mesothelioma, a rare but fatal illness, can affect veterans exposed to asbestos during their military service. Mesothelioma lawsuits are filed against asbestos-related companies who are accountable, and compensation may be awarded to cover the cost of treatment.
Military personnel were exposed to asbestos working in the military, particularly while working on ships and in shipyards. Many kinds of military equipment, like boilers pipes, boilers and engine rooms were contaminated with asbestos. The Navy was the branch that was exposed to the most 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 can be classified as a total and permanent disability, meaning that veterans are qualified for VA disability benefits.
Veterans can be eligible for compensation from the VA or legal settlements to pay for medical treatment as well as support their families and enjoy a comfortable life. Asbestos lawyers can assist veterans to understand how these benefits work and help them file claims.
Lawyers can help their clients in filing asbestos lawsuits against the makers of the deadly substance. Many large companies were aware of the dangers posed by asbestos, but chose to file for bankruptcy to avoid being held accountable. Waters Kraus and Paul's mesothelioma lawyers hold asbestos-related companies accountable.
Although the majority of cases result in an agreement, a small number mesothelioma lawsuits wind with a trial. In a trial, victims are presented before a judge and a jury which could decide to award more or less than the amount of a settlement. In one mesothelioma case that was decided by a jury, the family of the victim $40 million in damages. This verdict is the highest ever awarded to an asbestos claim. The attorneys representing the victims must show that the defendants are accountable for the victim's exposure to asbestos and were negligent in causing their harm. This evidence is usually presented through the testimony of witnesses who worked with the victims.
Bankruptcy
In addition to damages in the form of money and compensation for pain, victims and their families may be entitled to medical expenses and compensation. The process can take a long period of time. It typically takes two years or more between diagnosis and when the victim is compensated. This is why it is crucial to retain a qualified mesothelioma lawyer as soon as possible.
Asbestos lawsuits can be a bit complicated. They involve multiple parties which include multiple trusts and a complex series of legal processes. The lawsuits are brought by mesothelioma patients and their estates against the companies that manufactured asbestos-related products. The companies were aware of the link between asbestos and mesothelioma but continued to produce the product for decades. In the end, thousands of asbestos victims have been awarded damages.
A staggering number of lawsuits have led to the collapse of a number of companies that manufacture asbestos-containing products. This has led to a unique legal industry that is focused on asbestos litigation.
Companies that are not in business are often trying to limit their risk through bankruptcy filings. The strategy, also known as the Texas Two-Step, is based on the state law which allows companies with significant obligations to establish a new subsidiary with few assets. The company then reorganizes the company under Chapter 11 and transfers the assets and liabilities to the newly created subsidiary.
In many cases, the new subsidiary is located in a different country in order to avoid lawsuits regarding asbestos exposure that took place prior to the restructuring. This strategy has been used in a variety of high-profile cases such as J&J's restructuring of LTL Management which faced 40,000 claims for baby powder. St. Joseph asbestos lawyers represents a number clients who are currently employing this strategy as well, including Georgia-Pacific Bestwall which faces 60, 000 claims.
Asbestos-related lawsuits can be difficult because of the statutes of limitations. Mesothelioma generally occurs between 10 and 40 years after exposure to asbestos. State laws, also known as statutes or limitations give victims between one and five years to file suit. If there is a wrongful death, the family can have up to three years to file a lawsuit starting from the date that the loved one died.
Settlements
The victims of asbestos-related diseases are often awarded significant settlements. In certain cases, such as the wrongful death suit brought by the family of an asbestos pipefitter resulted in jury settlements that reached millions of dollars. In many cases, victims receive very little compensation. The reason behind this is that many businesses that used to manufacture and install asbestos are now closed or insolvent. Asbestos companies that declare bankruptcy do so through the approval of a court. This process requires that they put aside a large amount of money to compensate future victims. Trusts that are set up permit more claimants to be compensated, but the amounts are typically lower than the amount given under a tort system.
The value of an asbestos claim depends on the severity of the condition, the length of time it took the victim to develop the disease and the extent of the suffering of the victim. The dollar value of a case is also influenced by the amount of lost wages, medical expenses, and the degree to which mesothelioma victims' pain and suffering can be quantified.
The majority of states have statutes that limit the period of time that mesothelioma sufferers, or another asbestos-related injury, may bring an action against the defendant. The date the plaintiff was diagnosed with mesothelioma is typically a constructive notice that starts the clock for the time period of limitation.
Because mesothelioma is a deadly type of cancer that takes years for the symptoms to show up and so, the majority of mesothelioma cases are not litigated and are resolved through settlement or an award from the court. If mesothelioma patients die before their cases are resolved and their estates are able to continue to pursue an asbestos lawsuit on their behalf.
Waters Kraus & Paul represents clients from a variety of industries in 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 victims in cases against companies located across the United States, Canada and the Middle East including Iran.
Trials
Although going to trial isn't often however, when it does happen, victims could receive verdicts of millions of dollars. These awards can cover medical expenses, lost wages, and other losses resulting from asbestos exposure. A jury can also award punitive damage to punish the responsible business for their actions and to discourage others from putting customers or employees at risk.
A settlement from an asbestos lawsuit can help mesothelioma families get back on their feet after losing a loved to the disease. Families often need to take off work to care for mesothelioma patients, resulting in lost income. Mesothelioma settlements and judgments can cover these expenses and ensure that family members have an economic future to look towards.
Asbestos lawsuits are some of the longest-running mass torts in U.S. history. The lawsuits have led to dozens of companies declaring bankruptcy and asbestos trust funds have been established to pay victims. Research has proven that exposure to asbestos causes lung damage and diseases like mesothelioma.
A mesothelioma lawyer can build and negotiate a case to ensure that clients receive the maximum amount. An experienced lawyer can guide clients through the advantages and disadvantages of settling a case versus going to trial. A lawyer can explain the effect of asbestos laws and other state laws on a claim.
During the litigation, attorneys and clients conduct a series interviews known as discovery. During this stage, attorneys collect evidence and information from defendants in preparation for trial. During this period, many defendants are willing to compromise to avoid a damaging verdict.
A mesothelioma attorney with experience has the knowledge and resources to hold asbestos distributors, manufacturers and insurance companies accountable for their negligence. Attorneys at Waters Kraus & Paul have held numerous asbestos companies accountable and won significant settlements for their clients. Contact us today to find out how we can help your family and you get the justice that you deserve. We represent asbestos-exposed people across the country. If you or someone close to you was diagnosed with an asbestos-related disease, we can help you find the compensation you are due.