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Mesothelioma Lawsuits
Asbestos lawyers may hold companies accountable for exposure through a lawsuit. They could be former employers or asbestos producers.
The companies were aware of the dangers associated with asbestos but failed to warn their workers. These lawsuits seek compensation for the victims and their families.
Most asbestos lawsuits settle before trial. Experienced attorneys are ready to bring your case to a jury trial, if needed.
Military Service
Mesothelioma is a rare and pervasive disease but it can affect veterans who were exposed to asbestos while serving in the military. Mesothelioma lawsuits are filed against asbestos companies responsible and compensation is offered to cover the cost of treatment.
Asbest was present in numerous types of military equipment including boilers, pipes and engine rooms. This is because a wide range of military equipment contained asbestos including boilers, pipes, and engine rooms. The Navy was the part of the military with the highest exposure to asbestos. This is the reason why a lot of Navy veterans have been diagnosed with mesothelioma and other asbestos-related diseases.
Asbestos victims are awarded compensation through various avenues, such as VA benefits as well as legal settlements and trust funds. Because mesothelioma may be classified as an incurable illness, veterans are eligible to be eligible for VA disability payments.
The amount of compensation veterans receive from the VA and legal settlements can aid in the payment of their medical treatment and provide financial support to their families and allow them to enjoy a comfortable life. Asbestos lawyers can help veterans to understand how these benefits work and help them file claims.
Lawyers can assist their clients in filing asbestos lawsuits against the manufacturers of the deadly substance. Many large companies were aware of the dangers of asbestos, but filed for bankruptcy to avoid liability. Waters Kraus & Paul's mesothelioma attorneys hold asbestos companies accountable.
Although most cases result in settlements, a few of mesothelioma lawsuits end up going to trial. In a trial, the plaintiffs are argued before a jury and judge who may award greater or less money than the amount of a settlement. In one mesothelioma case the jury gave $40 million to the victim's family. This is the largest award ever for an asbestos claim. The lawyers representing the victims have to demonstrate that the defendants were accountable for the victim's exposure asbestos and that they were negligent in causing the injury. This proof is usually provided by documents and testimony of witnesses who worked with 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. It is therefore crucial to speak with a mesothelioma lawyer as quickly as you are able to.
Asbestos litigation is a complex one. The lawsuits are complicated, involving multiple parties and trusts. The lawsuits are filed by mesothelioma patients or their estates. The companies were usually aware of the connection between mesothelioma and asbestos, but continued to manufacture asbestos for a long time. Because of this, thousands asbestos victims have received compensation.
A huge number of lawsuits have led to the collapse of many companies that produce asbestos-containing products. This has led to the formation of a legal industry devoted exclusively to asbestos litigation.
Companies that are not in business tend to limit their exposure through bankruptcy filings. The strategy, known as the Texas Two-Step, is based on the state law that permits companies with significant liabilities to establish an entity with a small amount of assets. The company then reorganizes through Chapter 11 and moves the assets and liabilities into the newly formed subsidiary.
Often the new subsidiary will usually be located in a different jurisdiction 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 for instance, J&J's restructuring LTL Management which faced 40,000 claims for baby powder. Gordon's company represents a variety of clients who are currently employing this strategy as well, including Georgia-Pacific Bestwall which faces 60,000 claims.
Asbestos-related lawsuits can be difficult due to the statutes of limitations. Mesothelioma generally develops between 10 and 40 years following exposure to asbestos. State laws, also known as statutes or limits, give victims between one and five years to file a lawsuit. In the case of the death of a loved one, relatives can file a claim for up to three years from the date of the loved one's death to submit claims.
Springfield asbestos lawyers , asbestos-related diseases result in substantial settlements. In some cases, for instance, the wrongful death lawsuit filed by the family of an asbestos pipefitter resulted in jury settlements that reached millions of dollars. In many instances, victims receive very little compensation. The main reason for this is that a lot of companies which once manufactured and used asbestos are now shut down or bankrupt. Asbestos producers who are filing for bankruptcy do so under the approval of a court. This process requires that they put aside a large amount of money to pay future victims. Trusts can allow more claimants to receive compensation however the amount is usually considerably lower than what would have been awarded in a tort case.
The value of an asbestos claim is contingent on the severity of the condition as well as the time it took for the victim to develop the illness and the severity of the victim's suffering. The value of a case is also determined by the amount of lost earnings, medical expenses and the degree to which mesothelioma victims' pain and suffering can be quantified.
The majority of states have statutes that limit the time period within which a victim of mesothelioma or any other asbestos-related injury, may bring an action against a defendant. The date of the plaintiff's mesothelioma diagnosis typically acts as constructive notice and starts the clock on the SOL.
Since mesothelioma can be a deadly form of cancer, and it takes years for the symptoms to show up in mesothelioma patients, most claims are not litigated and are settled through settlement or an award from the court. If mesothelioma patients die before their cases are settled and their estates are able to continue to pursue an asbestos lawsuit on their behalf.
Waters Kraus & Paul's attorneys represent clients from a wide variety 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 roles 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, and also in the Middle East, including Iran.
Trials
While going to trial is not common, when it does happen, victims are able to receive multi-million-dollar verdicts. These awards can be used to cover medical expenses, lost wages, and other losses resulting from asbestos exposure. A jury may also award punitive damage to punish the responsible business for their behavior, and to deter others from putting consumers or employees at risk.
Compensation from an asbestos lawsuit could aid families of mesothelioma patients get back on their feet after losing a loved one to the disease. Families are often forced to take time away from work to take care of mesothelioma patients which can result in loss of income. Mesothelioma settlements and judgments could cover these expenses and ensure that family members have a a financial future to look toward.
Asbestos-related lawsuits are among the longest-running mass torts in U.S. history. The litigation has resulted in dozens of companies filing for bankruptcy, and asbestos trust funds have been created to pay victims. Research has proven that exposure to asbestos causes lung damage as well as diseases such as mesothelioma.
A mesothelioma attorney can build and negotiate an argument to ensure clients receive the highest amount. A lawyer with experience will guide clients through the advantages of settling claims versus going to trial. An attorney can explain how various states' statutes of limitations and asbestos laws can affect the claim.
During the trial, attorneys and clients conduct a series of meetings called discovery. In this phase, attorneys collect evidence and other information from defendants to prepare for trial. During this period, many defendants will agree to settle to avoid a potentially damaging verdict.
An experienced mesothelioma lawyer has the knowledge and resources needed to hold responsible asbestos distributors, manufacturers and insurance companies accountable for their wrongful actions. Waters Kraus & Paul attorneys have successfully held asbestos-related companies accountable for their negligence and negotiated significant settlements on behalf of their clients. Contact 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 get the compensation you deserve if you or someone you love has contracted an asbestos-related disease.