The Most Significant Issue With Asbestos Lawsuit And How To Fix It
Mesothelioma Lawsuits Asbestos lawyers can hold the asbestos-related companies accountable through the filing of a lawsuit. These companies could include past employers or asbestos producers. The companies were aware of asbestos's dangers but did not inform their employees. These lawsuits seek to compensate the victims and their families. Most asbestos lawsuits settle before trial. Experienced attorneys are ready to take your case to a jury trial should you require. Military Service Mesothelioma is a rare but fatal illness, can affect veterans exposed to asbestos during their service in the military. Mesothelioma suits are filed against asbestos companies who are accountable and compensation can be awarded to cover the cost of treatment. Military personnel were exposed to asbestos in the service, especially when working on ships or in shipyards. This is because a wide range of military equipment had asbestos, including boilers, pipes and engine rooms. The Navy was the wing of the military with the greatest exposure to asbestos. This is why many Navy veterans are diagnosed with mesothelioma and other asbestos-related illnesses. Asbestos victims are awarded compensation through multiple avenues, including VA benefits as well as legal settlements and trust funds. Because mesothelioma may be classified as an incurable illness, veterans are eligible to receive VA disability payments. The compensation that veterans receive from the VA and legal settlements can help pay for their medical expenses as well as provide support to their families, and allow them to live a comfortable life. Asbestos lawyers can aid veterans to know how these benefits work and assist in submitting claims. Lawyers can assist clients in filing asbestos lawsuits against manufacturers of this deadly product. Many large corporations were aware of the dangers posed by asbestos, but chose to file for bankruptcy to avoid liability. However, the mesothelioma lawyers at Waters Kraus & Paul hold asbestos companies accountable. A few mesothelioma cases end in court, even though most settle. In a trial, the plaintiffs are argued before a jury and judge who can award more or less money than the amount of a settlement. In one mesothelioma-related trial the jury handed out $40 million to family of the victim. This is the highest verdict ever given in asbestos cases. The attorneys representing the victims must demonstrate that the defendants were responsible for the victim's exposure to asbestos and that they were negligent in causing their harm. This evidence is usually supported by the documents and testimony of witnesses who worked with victims. Bankruptcy In addition to financial damages and compensation for pain, victims and their families may be entitled to medical expenses and compensation. The process can take a long time. In general, it takes two years or longer between the time of diagnosis and when they are awarded compensation. This is why it is crucial to retain a qualified mesothelioma lawyer as quickly as you can. Asbestos litigation is a complex one. The lawsuits are a bit complicated that involve multiple parties and trusts. The lawsuits are brought by mesothelioma patients or their estates against companies that manufactured asbestos products. The companies were usually aware of the link between asbestos and mesothelioma but continued to produce asbestos products for decades. As a result of this, a lot of asbestos victims have received compensation. Mobile asbestos lawsuits of the companies producing asbestos-containing products have gone bankrupt due to the overwhelming number of lawsuits. This has led to the creation of a legal industry devoted exclusively to asbestos litigation. The companies that are left in business often try to limit their risk through bankruptcy filings. The Texas Two-Step strategy is based on state law which allows companies with high liabilities to create subsidiary companies with lower assets. The company then reorganizes itself through Chapter 11 and moves the assets and liabilities into the newly formed subsidiary. In many instances, the new subsidiary is in a different state to avoid lawsuits relating to asbestos exposure that occurred before the restructuring. This strategy has been used in a number of high-profile cases, including J&J's restructuring of LTL Management, which faced 40,000 claims for baby powder. Gordon's firm currently represents many clients that are using this strategy, including Georgia-Pacific's Bestwall, which faces more than 60,000 claims. Asbestos lawsuits can be complicated because of the statutes of limitations. Mesothelioma typically occurs between 10 and 40 years after asbestos exposure. State laws, also known as statutes of limitations allow victims a period of between five and ten years to make a claim. In the case of wrongful death, family members can file a claim for up to three years from the date of the deceased loved one's death to make an action. Settlements Many times, asbestos-related diseases result in 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. But, in many other cases, the victims settle for comparatively little. This is because a lot of the companies which once produced asbestos and then installed it have shut down or gone bankrupt. Asbestos producers who file for bankruptcy are doing so under a court-approved process that requires they set aside large funds to pay future victims. These trusts do allow for more claimants to be compensated but the amounts are often substantially lower than what could be granted in a tort case. The value of an asbestos claim is based on the severity of the condition and the time it took the victim to develop the disease and the severity of the suffering of the victim. The value of the dollar is determined by the amount of medical expenses as well as lost wages and the extent of the victim's suffering. Most states have statutes of limitations that limit the time a mesothelioma and other asbestos-related injury victim may pursue legal action against the defendant. The date that the plaintiff was diagnosed with mesothelioma is typically an effective notice that begins the clock for the statute of limitations. Because mesothelioma is a deadly type of cancer that takes decades for symptoms to manifest and so, the majority of mesothelioma cases are not litigated and are settled with a settlement or award from the court. However, when mesothelioma patients do die before their case reaches a resolution and their estates are able to continue pursuing an asbestos lawsuit to collect compensation on their behalf. Waters Kraus & Paul represents clients from diverse industries across the United States and abroad who have been exposed to asbestos. We hold asbestos producers and their insurers responsible for their part in exposing the victims to this harmful chemical. We have represented families of mesothelioma patients in cases against companies located throughout the United States and Canada, as well as the Middle East, including Iran. Trials If a trial occurs, victims can receive verdicts in the millions. These awards may cover medical expenses, lost wages, and other losses resulting from asbestos exposure. A jury can also award punitive damages to penalize the responsible company for their actions, and to deter others from putting customers or employees at risk. The compensation from an asbestos suit can help families of mesothelioma victims get back on their feet following losing loved ones to the disease. Families are often forced to take off work to care for a mesothelioma patient, resulting in lost income. Mesothelioma settlements and judgements can cover these expenses and ensure that family members have an economic future to look towards. Asbestos-related lawsuits have been part of mass torts for years in the United States. The lawsuits have led to dozens of companies to file for bankruptcy and created asbestos trust funds to compensate victims. Research has proven that exposure to asbestos causes lung damage and illnesses like mesothelioma. A mesothelioma lawyer can construct and negotiate a case to ensure that clients receive the maximum amount. An experienced lawyer can provide advice to clients on the benefits of settling claims as opposed to going to trial. An attorney can explain the implications of asbestos laws as well as the different state statutes on a claim. During the litigation process attorneys and their clients conduct a series meetings, referred to as discovery. In this phase, attorneys collect evidence and other information from defendants in order to prepare for trial. Many defendants agree to settle during this stage to avoid a potentially damaging verdict by a jury. A mesothelioma lawyer with experience has the knowledge and resources to hold asbestos distributors, manufacturers and insurance companies accountable for negligence. Lawyers at Waters Kraus & Paul have held asbestos companies accountable and won substantial settlements for their clients. Contact us today to learn more about how we can assist you and your family members get the justice you deserve. We represent asbestos-exposed people across the nation. We can assist you in obtaining the compensation you deserve if or someone you love has contracted an asbestos-related condition.