Mesothelioma Lawsuits
Asbestos lawyers may hold companies responsible for exposure accountable through the filing of a lawsuit. They could be former employers or asbestos producers.
These companies were aware of the dangers associated with asbestos but they failed to warn their employees. These lawsuits seek compensation from the companies for their workers and their victims.
Most asbestos lawsuits settle before trial. However, experienced lawyers are prepared to go all the way to an eventual jury trial, if needed.
Military Service
Mesothelioma is a rare and insidious disease, but it can be a problem for veterans who were exposed to asbestos while in the military. Mesothelioma lawsuits are filed against the asbestos companies responsible for the disease, and compensation can help cover the cost of treatment.
Military personnel were exposed to asbestos working in the military, particularly while working on ships and in shipyards. This is due to the fact that a variety of military equipment had asbestos such as boilers, pipes and engine rooms. The Navy was the wing of the military that had 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 multiple avenues, including VA benefits, legal settlements and trust funds. Because mesothelioma may be classified as an incurable disease Veterans are able to be eligible for VA disability benefits.
Veterans can get compensation from the VA or legal settlements to pay for medical treatments and support their families and enjoy a life of comfort. Asbestos lawyers can aid veterans understand how these benefits work and help them file claims.
Lawyers can assist their clients file asbestos lawsuits against the manufacturers of the deadly product. Many large companies were aware of the dangers associated with asbestos, but filed for bankruptcy to avoid liability. Waters Kraus and Paul's mesothelioma attorneys hold asbestos companies accountable.
Although most cases result in a settlement, a handful mesothelioma lawsuits wind in trial. In a trial, victims are presented to a judge and jury which could give more or less than an agreement. In one mesothelioma trial, a jury handed out $40 million to family of the victim. This is the biggest award ever for an asbestos claim. The attorneys for the victims must show that defendants were negligent and accountable for the victim being exposed to asbestos. This evidence is typically made through testimony and documents from people who worked with the victim.
Bankruptcy
In addition to monetary damages, the victims and their families may also receive medical expenses and compensation for suffering and pain. The process can take a long time. It typically can take two years or more between the diagnosis of the victim and when they receive compensation. It is therefore important to contact mesothelioma lawyers as soon as you can.
Asbestos litigation is complex. They involve numerous parties including multiple trusts as well as an extensive set of legal proceedings. The lawsuits are filed by mesothelioma sufferers or their estates. Companies were aware of the link between mesothelioma and asbestos, but continued to manufacture the product for decades. As a result thousands of asbestos-related victims have been awarded damages.
A huge number of lawsuits have led to the demise of numerous companies that manufacture asbestos-containing products. This has given rise to an entirely legal sector that is focused on asbestos litigation.
The companies that remain in business are often trying to limit their exposure through bankruptcy filings. The Texas Two-Step strategy is based on state law that allows companies with high liabilities to form an entity with low assets. The company then reorganizes itself 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 arising from asbestos exposure prior to the reorganization. This has been the strategy in several high profile cases, including J&J's reorganization of LTL Management, which faced 40,000 claims for baby powder. Gordon's firm has a number of clients who are currently employing this strategy for their clients, including Georgia-Pacific Bestwall which is currently facing 60,000 claims.
The statute of limitations can make asbestos lawsuits more complicated. Mesothelioma typically develops 10 to 40 years after exposure to asbestos. State laws known as statutes of limitations allow victims a period of between five and ten years to file a lawsuit. In the case that a death is wrongful, the family can have up to three years to file a lawsuit from the date that the loved one died.
Settlements
The victims of asbestos-related diseases are often awarded substantial settlements. Certain cases, such as the wrongful death lawsuit brought by the family of an asbestos pipefitter, result in jury awards of millions of dollars. In many cases, victims receive very little compensation. The reason behind this is that a lot of companies that once produced and installed asbestos are now closed or bankrupt. Asbestos producers who are filing for bankruptcy are doing so under the approval of a court. This process requires that they put aside a large amount of money to compensate future victims. These trusts do allow for more claimants to be compensated however the amount is usually considerably lower than what would be awarded in a tort system case.
The value of an asbestos case depends on the severity of the illness as well as the time it took to develop and how a victim's life has been affected. The value of a case is also determined by the amount of lost earnings, medical expenses and the degree to which mesothelioma victims' suffering and pain can be quantified.
Most states have statutes that restrict the period of time that mesothelioma sufferers or a related asbestos-related injury, can bring a lawsuit against a defendant. The date that the plaintiff was diagnosed with mesothelioma usually is a constructive notice that starts the clock for the statute of limitations.
Since mesothelioma can be a deadly form of cancer, and it takes years for the symptoms to be evident, most mesothelioma claims don't go to trial and are settled through an agreement or a decision from the court. If mesothelioma sufferers die before their cases are resolved the estates of their deceased victims may continue to pursue a lawsuit against asbestos on their behalf.
Waters Kraus & Paul's attorneys represent clients in a wide range of industries throughout the United States and around the world who have suffered asbestos exposure. We hold asbestos manufacturers and their insurers accountable for their roles in the exposure of victims to this harmful chemical. We have represented the families of mesothelioma sufferers in cases against companies throughout the United States and Canada, and also in the Middle East, including Iran.
Trials
If a trial occurs the victims could receive verdicts that amount to millions of dollars. These awards can be used to cover the cost of medical treatment, lost wages, and other damages resulting from asbestos exposure. A jury may also award punitive damage to punish the responsible business for their conduct and to discourage others from putting customers or employees at risk.
Pleasanton asbestos lawsuits from an asbestos lawsuit can help mesothelioma victims' families get back on their feet following losing a loved one to the disease. Families are often forced to miss time from work to take care of mesothelioma patients which can result in loss of income. Mesothelioma settlements and judgements can help pay for these expenses and ensure that family members have an income and financial future to look towards.
Asbestos lawsuits have been part of mass torts for decades in the United America. The litigation has resulted in dozens of companies filing for bankruptcy and asbestos trust funds have been established to pay victims. Studies have shown that asbestos exposure can cause lung damage and illnesses like mesothelioma.
A mesothelioma lawyer can create and argue an argument to ensure clients receive the highest amount. An experienced lawyer can also guide clients through the pros and cons of settling a claim as opposed to pursuing a trial. An attorney can explain the impact of asbestos laws and different state laws on a claim.
During the course of litigation, attorneys and clients conduct a series of meetings called discovery. In this phase, attorneys collect evidence and details from defendants to prepare for trial. During this time, many defendants will agree to settle to avoid a damaging verdict.
A knowledgeable mesothelioma lawyer has the expertise and resources necessary to hold accountable asbestos manufacturers, distributors, and insurance companies accountable for their actions. Waters Kraus & Paul attorneys have successfully held asbestos-related companies accountable for their negligence and secured significant settlements on behalf of their clients. Call us now to learn how we can help your family and get the justice you deserve. We represent asbestos-exposed persons across the nation. We can assist you in obtaining the compensation you deserve if or someone you love has contracted an asbestos-related disease.