Beware Of These "Trends" About Asbestos Lawsuit
Mesothelioma Lawsuits
Asbestos lawyers can hold companies accountable for exposure through the filing of a lawsuit. This could include former employers as well as asbestos manufacturers.
These companies were aware of the dangers associated with asbestos, but did not warn their employees. These lawsuits seek compensation for victims and their families.
Most asbestos lawsuits settle before trial. Experienced attorneys are ready to take your case to a jury trial, in the event of a need.
Military Service
Mesothelioma is an uncommon and insidious illness, but it can be a concern for veterans who were exposed to asbestos while serving in the military. Mesothelioma lawsuits are filed against asbestos firms that are responsible and compensation can be awarded to pay for the cost of treatment.
Military personnel were exposed to asbestos while serving in the military, especially when working on ships and in shipyards. This is because many types of military equipment contained asbestos including boilers, pipes, and engine rooms. The Navy was the branch with the highest exposure to asbestos. This is the reason that a large number of Navy veterans have been diagnosed with mesothelioma as well as other asbestos-related diseases.
Asbestos-related victims are compensated in a variety of ways as well as VA benefits and legal settlements. Since Buena Park asbestos lawsuit is classified as an incurable condition veterans are able to be eligible for VA disability payments.
Veterans can get compensation from the VA or legal settlements to pay for medical treatments as well as support their families and live a comfortable lifestyle. Asbestos attorneys can help veterans to learn more about the benefits and assist in filing claims.
Lawyers can help their clients file asbestos lawsuits against the makers of the deadly substance. Many large companies were aware of asbestos' dangers and were able to avoid liability by filing for bankruptcy. Waters Kraus &Paul's mesothelioma lawyers hold asbestos companies accountable.
While the majority of cases end up with a settlement, a handful of mesothelioma lawsuits end with a trial. In a trial, the victims are presented before a jury and judge who may award more or less money than a settlement. In one mesothelioma trial, a jury handed out $40 million to victim's family. This is the biggest award ever awarded to an asbestos claim. The lawyers representing the victims must show that defendants were negligent and accountable for exposing the victim to asbestos. This proof is generally presented through the use of documents and testimony from people who worked with the victim.
Bankruptcy
In addition to the financial damages families of victims can also receive medical expenses and compensation for pain and suffering. However the process can be lengthy. In general, it takes two years or longer between the victim's diagnosis and when they receive compensation. This is why it is important to find a mesothelioma lawyer as soon as you can.
Asbestos lawsuits are a complex matter. They involve a variety of parties including multiple trusts as well as a complex series of legal proceedings. The lawsuits are filed by mesothelioma sufferers or their estates against companies that manufactured asbestos-related products. The companies were often aware of the connection between asbestos and mesothelioma but continued to manufacture asbestos for a long time. Because of this, a lot of asbestos victims have received compensation.
Many of the companies producing asbestos-containing products have been forced to close due to the staggering amount of lawsuits. This has created a unique legal industry which is focused on asbestos litigation.
Companies that are in business will often declare bankruptcy to reduce their risk. The Texas Two-Step strategy is based on state law which allows companies with high liability to create an entity with low assets. The company then reorganizes itself through Chapter 11 and moves the assets and liabilities into the newly created subsidiary.
In many instances the new subsidiary is in a different jurisdiction to avoid lawsuits relating to asbestos exposure that took place prior to the restructuring. This strategy has been used in several high profile cases, including J&J's restructuring of LTL Management, which faced the possibility of 40,000 baby powder claims. Gordon's firm is currently representing many clients that are using this strategy, including Georgia-Pacific's Bestwall, which faces more than 60,000 claims.
The statute of limitations may make asbestos lawsuits more difficult. Mesothelioma typically occurs between 10 and 40 years after exposure to asbestos. State laws, also referred as statutes or limitations give victims between one and five years to file a lawsuit. In the case of grievous death, the family members have one to three years from the date of the loved one's death to file claims.
Settlements
Most asbestos-related diseases result in significant settlements. Some cases, such as the wrongful death lawsuit filed by the family of an asbestos pipefitter, result in settlements by juries of millions of dollars. In many cases, victims receive very little compensation. The primary reason is that many companies that once produced and installed asbestos are now closed or bankrupt. Asbestos companies that file for bankruptcy have to follow a process that has been approved by the court that requires them to set aside huge sums of money in order to pay future victims. Trusts can allow more claimants to receive compensation but the amounts are often significantly reduced from what might be awarded in a tort case.
The value of an asbestos case is contingent on the severity of the illness and the time it took to develop and how much the victim's life has been affected. The value of a dollar is determined by the amount of medical expenses as well as lost wages and the severity of the suffering of the victim.
Most states have statutes of limitation restricting the length of time a mesothelioma or other asbestos-related injury victim can pursue legal action against a defendant. The date that the plaintiff was diagnosed with mesothelioma usually is an effective notice that begins the clock for the statute of limitations.
The majority of mesothelioma cases are settled or resolved by the courts because mesothelioma can be a lethal cancer that can take years before it begins to manifest symptoms. However, if mesothelioma patients do die before their case reaches a resolution the estates of their deceased can continue to pursue an asbestos lawsuit to collect compensation 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 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 across the United States, Canada and the Middle East including Iran.
Trials
When a trial does occur the victims could be awarded verdicts in the millions. These awards can be used to cover medical expenses, lost wages, and other losses resulting from asbestos exposure. A jury can also award punitive damages to punish the accountable firms for their actions and to deter other firms from putting their employees or customers in danger.
The compensation from an asbestos lawsuit could help families of mesothelioma victims get back on their feet following losing loved ones to the disease. Families are often forced to take time away from work to care for mesothelioma sufferers and this results in a loss of income. Mesothelioma settlements and judgments can pay for the expenses and provide family members a financial future.
Asbestos-related lawsuits have been part of mass torts for decades in the United America. The litigation has caused dozens of companies to declare bankruptcy and has also led to the creation of asbestos trust funds to compensate victims. Research has shown that exposure to asbestos causes lung damage and diseases such as mesothelioma.
A mesothelioma lawyer can create and negotiate an argument to ensure clients receive the maximum award. An experienced lawyer can also guide clients through the pros and cons of settling a claim versus going to trial. An lawyer can explain how the different state statutes of limitations and asbestos laws can affect the outcome of a case.
During the litigation process attorneys and their clients conduct a series of meetings, referred to as discovery. In this phase, lawyers collect information and evidence from defendants to prepare for trial. During this time, a lot of defendants are willing to settle to avoid a damaging verdict.
A mesothelioma lawyer who is experienced has the experience and resources needed to hold responsible asbestos manufacturers, distributors and insurance companies accountable for their actions. Waters Kraus & Paul attorneys have successfully held asbestos companies accountable for their wrongful conduct and secured substantial settlements for their clients. Contact us today to find out how we can assist your family members and ensure that you receive the justice 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 get the compensation you deserve.
