Mesothelioma Lawsuits

Asbestos lawyers may hold asbestos-related companies accountable through an action. They could be former employers as well as asbestos manufacturers.

The companies were aware of asbestos lawyers' dangers, but did not inform their workers. These lawsuits seek to compensate the companies for their employees as well as victims.

Most asbestos lawsuits settle before trial. Experienced attorneys are ready to bring your case to a trial before a jury, if needed.

Military Service

Mesothelioma is a rare but fatal disease, can affect veterans exposed to asbestos during their service in the military. Mesothelioma lawsuits are filed against asbestos-related companies that are accountable and compensation could be awarded to pay for the costs of treatment.

Military personnel were exposed to asbestos working in the military, particularly while working on ships and in shipyards. Many types of military equipment, like boilers, pipes and engine rooms contained asbestos. The Navy was the wing of the military that was exposed to 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 illnesses.

Asbestos victims are awarded compensation through a variety of avenues, including VA benefits as well as legal settlements and trust funds. Since mesothelioma is incurable the condition can be classified as a total and lasting disability, which means veterans are qualified for VA disability payments.

The amount of compensation veterans receive from the VA and legal settlements can aid in the payment of their medical treatments and provide financial support to their families, and allow them to lead a life of comfort. Asbestos lawyers can assist veterans to understand how these benefits work and assist in filing claims.

Lawyers can help their clients to file asbestos lawsuits against producers of the deadly substance. Many large companies were aware of asbestos's dangers and were able to avoid liability by filing for bankruptcy. Waters Kraus & Paul's mesothelioma lawyers hold asbestos-related companies accountable.

Some mesothelioma cases end in court, even although the majority settle. In a trial, the victims are presented before a jury and judge who may give more or less than a settlement. In one mesothelioma-related trial, a jury gave $40 million to the victim's family. This verdict is the highest ever for an asbestos case. The victims' attorneys must show that the defendants are responsible for the victim's exposure to asbestos attorneys and that they were negligent in causing the injury. This evidence is usually presented through the use of documents and testimony from people who worked with the victim.

Bankruptcy

In addition to financial damages and compensation for pain, victims and their families could be entitled to medical expenses and compensation. However, the process can be long. It is typically two years or more between diagnosis and the time the victim is compensated. It is therefore important to contact a mesothelioma lawyer as quickly as you are able to.

Asbestos litigation is complex. The lawsuits are complicated with multiple parties and trusts. The lawsuits are filed by mesothelioma patients and their estates against the companies that manufactured asbestos-related products. The companies were often aware of the link between mesothelioma and asbestos attorney but continued to manufacture the product for decades. Due to this, a lot of asbestos victims have received damages.

Many of the companies producing asbestos-containing products have gone bankrupt due to the overwhelming number of lawsuits. This has created an entirely legal sector that is focused on asbestos litigation.

Businesses that are still in business often declare bankruptcy to limit their exposure. The Texas Two-Step strategy is based on state law which allows 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 most cases, the new subsidiary will be located in a different jurisdiction to avoid lawsuits that relate to asbestos exposure prior to the restructuring. This strategy has been employed in a number of high-profile cases for instance, J&J's restructuring LTL Management which faced 40,000 claims for baby powder. Gordon's firm represents a number clients currently employing this strategy for their clients, including Georgia-Pacific Bestwall which faces more than 60,000 claims.

The statute of limitations can make asbestos lawsuits more difficult. Mesothelioma generally develops between 10 and 40 years after exposure to asbestos. State laws, also referred to as statutes or limits, allow victims between one and five years to file a lawsuit. In the case a wrongful death family member has a period of one to three years to file a lawsuit starting from the date the loved one died.

Settlements

The victims of asbestos-related illnesses are often awarded substantial settlements. Some cases, such as the wrongful death lawsuit brought by the family of an asbestos pipefitter, result in jury awards of millions of dollars. In other cases, victims accept a small amount. The main reason for this is that many companies that used to manufacture and install asbestos are now shut down or bankrupt. Asbestos producers who file for bankruptcy are doing so under the approval of a court. This process requires that they set aside large funds to compensate future victims. Trusts like these allow more claimants to receive compensation, but the amounts are usually much less than those granted under the tort system.

The value of an asbestos claim is contingent on the severity of the condition, the length of time it took for the victim to develop the illness and the extent of the suffering of the victim. The dollar value of an asbestos case is also influenced by the amount of lost wages, medical expenses, and the extent to which mesothelioma victims' suffering and pain can be quantified.

Many states have statutes that restrict the time frame in which mesothelioma victims or any other asbestos-related disease, can file an action against the defendant. The date of the plaintiff's diagnosis with mesothelioma typically acts as constructive notice and sets the clock on the SOL.

The majority of mesothelioma cases are settled or resolved by the court because mesothelioma can be a deadly cancer that can take years before it begins to show symptoms. If mesothelioma patients die before their cases are resolved and their estates are able to continue to pursue a lawsuit against asbestos 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 attorney manufacturers and their insurers accountable for their roles in exposing victims to this dangerous chemical. We have represented families of mesothelioma victims in court cases against companies located across the United States, Canada and the Middle East including Iran.

Trials

If a trial occurs, victims can receive verdicts worth millions of dollars. These awards may cover medical expenses, lost wages, and other losses that result from asbestos exposure. A jury may also decide to award punitive damages in order to punish the responsible companies for their conduct and to deter other firms from putting consumers or employees in danger.

A settlement from an asbestos lawsuit can aid families of mesothelioma patients get back on their feet after losing a loved to the disease. Families often have to take time off from work to care for a mesothelioma patient, resulting in loss of income. Mesothelioma settlements and judgments can cover these expenses and ensure that family members have a an economic future to look toward.

Asbestos lawsuits are among the longest-running mass torts in U.S. history. The litigation has caused dozens of companies to declare bankruptcy and has also led to the creation of asbestos trust funds to pay victims. Research has shown that exposure to asbestos causes lung damage as well as diseases such as mesothelioma.

A mesothelioma lawyer can construct and negotiate the case to ensure that clients receive the maximum award. An experienced lawyer can guide clients through the pros and cons of settling a case versus going to trial. An attorney can explain how different state statutes of limitations and asbestos laws may affect the claim.

During the course of litigation attorneys and their clients conduct a series of interviews known as discovery. During this stage, attorneys collect evidence and information from defendants in preparation for trial. Many defendants will agree to settle during this stage to avoid a damaging verdict by a jury.

An experienced mesothelioma lawyer has the knowledge and resources to hold responsible asbestos distributors, manufacturers and insurance companies accountable for their negligence. Waters Kraus & Paul attorneys have successfully held asbestos companies accountable for their wrongful conduct and secured substantial settlements on behalf of their clients. Contact us now to learn how we can assist your family and you get the justice you deserve. We represent asbestos-exposed persons across the country. We can help you receive the compensation you deserve if or someone you love has developed an asbestos-related disease.