Mesothelioma Lawsuits
Asbestos lawyers may hold companies responsible for exposure accountable through the filing of a lawsuit. These companies could include former employers or asbestos producers.
The companies were aware of asbestos' dangers, but did not inform their employees. These lawsuits seek compensation for victims and their families.
Most asbestos lawsuits settle before trial. However, experienced lawyers are prepared to bring your case to an eventual jury trial, if needed.
Military Service
Mesothelioma is a rare and insidious disease however, it can also affect veterans who were exposed to asbestos in the military. Austin asbestos lawsuit are filed against asbestos companies who are accountable, and compensation may be awarded to cover the cost of treatment.
Asbest was present in many kinds 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 that was exposed to the most exposure to asbestos. This is why so many Navy veterans have been diagnosed with mesothelioma as well as other asbestos-related diseases.
Asbestos victims receive compensation through various avenues, such as VA benefits, legal settlements and trust funds. Since mesothelioma can be treated, the condition can be classified as a total and permanent disability, which means veterans are eligible to receive VA disability benefits.
Veterans can receive compensation from the VA or legal settlements to help pay for medical expenses, support their families, and enjoy a comfortable life. Asbestos attorneys can help veterans know how these benefits work and assist in filing claims.
Lawyers can assist their clients file asbestos lawsuits against the producers of the deadly product. Many large companies were aware of the dangers posed by asbestos, yet they filed for bankruptcy to avoid liability. However the mesothelioma lawyers of Waters Kraus & Paul hold asbestos companies accountable.
While the majority of cases end up with a settlement, a handful mesothelioma lawsuits wind up going to trial. In a trial the victims are argued 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 largest verdict ever given in asbestos cases. The lawyers representing the victims must show that defendants were negligent and responsible for the victim's exposure to asbestos. This proof is typically presented through the testimony of witnesses who worked with victims.
Bankruptcy
In addition to financial damages and compensation for pain, victims and their families could also be entitled to medical expenses and compensation. The process can take a long time. It usually takes two years or more between diagnosis and when the victim is compensated. This is why it is important to retain a qualified mesothelioma lawyer as quickly as possible.
Asbestos lawsuits can be a bit complicated. The lawsuits are complex that involve multiple parties and trusts. The lawsuits are filed by mesothelioma patients or their estates against companies that produced asbestos-related products. Companies were aware of the link between mesothelioma and asbestos, however, they continued to manufacture the product for decades. As a result thousands of asbestos-related victims have received compensation.
Many of the companies that made asbestos-containing products have been forced to close due to the staggering amount of lawsuits. This has led to the formation of a legal profession dedicated exclusively to asbestos litigation.
Companies that remain in business may declare bankruptcy to limit their exposure. The Texas Two-Step strategy is based on state law, which permits companies with high liabilities to establish subsidiary companies with lower assets. The company then reorganizes under Chapter 11 and transfers the assets and liabilities to the newly created subsidiary.
In many instances, the new subsidiary is in a different jurisdiction in order to avoid lawsuits regarding asbestos exposure that occurred before the restructuring. This strategy has been used in a number of high-profile cases such as J&J's restructuring of LTL Management which faced 40,000 claims for baby powder. Gordon's firm represents a number clients who are currently utilizing this strategy as well, including Georgia-Pacific Bestwall which is currently facing 60,000 claims.
Asbestos-related lawsuits can be difficult because of statutes of limitations. Mesothelioma generally develops between 10 and 40 years after asbestos exposure. State laws, also known as statutes of limitations allow victims between one and five years to file a lawsuit. If there is that a death is wrongful family member can have up to three years to file a lawsuit starting from the date the loved one died.
Settlements
Patients suffering from asbestos-related illnesses are often awarded significant settlements. In some cases, for instance, the wrongful death lawsuit filed by the family an asbestos pipefitter, a jury awards of up to millions of dollars. In many cases, victims receive very little compensation. This is primarily because many of the companies that once produced asbestos and then installed it have closed down or declared bankruptcy. asbestos companies that file for bankruptcy have to follow a procedure that is approved by the courts which requires them to put aside huge sums of money to compensate future victims. Trusts that are set up allow more claimants to receive compensation, but the amounts are typically lower than those awarded under a tort system.
The value of an asbestos claim is based on the severity of the condition as well as the time it took for the victim to develop the illness and the extent of the suffering suffered by the victim. The dollar value of a case is also determined by the amount of lost wages, medical expenses and the degree of mesothelioma's pain and suffering can be quantified.
Many states have statutes that restrict the time period within which a victim of mesothelioma, or another asbestos-related injury, can bring a lawsuit against the defendant. The date of the plaintiff's diagnosis of mesothelioma generally acts as a constructive notice and begins the clock on the SOL.
The majority of mesothelioma cases are settled or resolved by the court because mesothelioma can be a lethal cancer that can take years to manifest symptoms. But, if mesothelioma sufferers do die before their case reaches an agreement the estates of their deceased can continue pursuing an asbestos lawsuit in order to obtain compensation 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 part in exposing victims to the toxic chemical. We have represented families of mesothelioma patients in court cases against companies situated throughout the United States, Canada and the Middle East including Iran.
Trials
When a trial does occur, victims can receive verdicts that amount to millions of dollars. These awards can be used to cover medical expenses, lost wages, and other losses resulting from asbestos exposure. A jury may also award punitive damages to punish the responsible firms for their actions and to discourage other companies from putting employees or consumers in danger.
A settlement from an asbestos lawsuit can help families of mesothelioma patients get back on their legs after losing a loved to the disease. Families are often required to take time off from work to take care of mesothelioma patients which can result in loss of income. Mesothelioma judgments and settlements can pay for the expenses and provide family members financial security.
Asbestos-related lawsuits have been part of mass torts for a long time in the United US. The lawsuits have led to dozens of companies filing for bankruptcy, and asbestos trust funds have been created to compensate victims. Research has proven that exposure to asbestos can cause lung damage and diseases like mesothelioma.
A mesothelioma attorney can build and negotiate an argument to ensure clients get the most money. An experienced lawyer can advise clients on the pros and cons of settling a case versus going to trial. An attorney can explain the impact of asbestos laws and different state statutes on a claim.
During the process of litigation attorneys and their clients conduct a series interviews called discovery. During this stage, attorneys collect evidence and details from defendants to prepare for trial. Many defendants agree to settle during this stage to avoid a damaging verdict by a jury.
A mesothelioma attorney with experience has the knowledge and resources to hold asbestos distributors, manufacturers and insurance companies accountable for negligence. Lawyers at Waters Kraus & Paul have successfully held asbestos companies accountable and secured substantial settlements for their clients. Call us now to learn how we can help your family and get the justice that you deserve. We represent people nationwide who were exposed to asbestos. If you or a loved one was diagnosed with an asbestos-related disease, we can help you find the compensation you are due.