Solutions To Issues With Asbestos Lawsuit

Mesothelioma Lawsuits

Asbestos lawyers can hold companies responsible for exposure accountable through a lawsuit. These companies could include past employers or asbestos producers.

The companies were aware of the dangers associated with asbestos, but failed to warn their workers. These lawsuits seek to compensate the companies for their workers and victims.

Most asbestos lawsuits settle before trial. Professionally trained attorneys are prepared to bring your case to a jury trial, should you require.

Military Service

Mesothelioma is a rare but fatal disease is a possibility for veterans exposed to asbestos during their service in the military. Mesothelioma lawsuits are filed against the responsible asbestos companies and compensation is offered to cover the cost of treatment.

Military personnel were exposed to asbestos serving in the military, especially when working on ships or in shipyards. Many types of military equipment, like boilers, pipes, and engine rooms, included asbestos.  Syracuse asbestos attorney  was the branch that had the most exposure to asbestos. This is the reason why a lot of Navy veterans have been diagnosed with mesothelioma as well as other asbestos-related illnesses.

Asbestos victims are compensated in a variety of ways, including VA benefits and legal settlements. Since mesothelioma is classified as an incurable disease veterans are able to receive VA disability benefits.

Veterans can be eligible for compensation from the VA or legal settlements to help pay for medical treatment, support their families, and enjoy a comfortable life. Asbestos attorneys can help veterans to learn more about the benefits and assist with filing claims.

Lawyers can help their clients file asbestos lawsuits against the manufacturers of the deadly product. Many large companies knew of asbestos' dangers and were able to avoid liability by declaring bankruptcy. However, the mesothelioma lawyers at Waters Kraus & Paul hold these asbestos companies accountable.

Some mesothelioma cases end in court, even though most settle. In a trial, the plaintiffs are presented before a judge and a jury which could decide to award more or less than a settlement. In one mesothelioma trial, a jury gave $40 million to the victim's family. This is the biggest award ever awarded to an asbestos claim. The lawyers representing the victims have to show that the defendants are accountable for the victim's exposure asbestos and that they were negligent in causing their harm. This proof is usually supported by the documents and testimony of witnesses who were working with victims.

Bankruptcy

In addition to monetary damages the victims and their families may also receive medical expenses and compensation for suffering and pain. The process may take a long time. It typically takes two years or more between diagnosis and the point at which a victim receives compensation. This is the reason it is essential to find a mesothelioma attorney as soon as you are able.

Asbestos lawsuits are a complex matter. The lawsuits are a bit complicated with multiple parties and trusts. The lawsuits are filed by mesothelioma patients or their estates against the companies that manufactured asbestos-related products. Companies were aware of the connection between asbestos and mesothelioma, but they continued to manufacture the product for decades. As a result thousands of asbestos victims have been awarded damages.

A staggering number of lawsuits have led to the demise of numerous companies that manufacture asbestos-containing products. This has created an exclusive legal industry which is focused on asbestos litigation.

Companies that are in business may declare bankruptcy to reduce their risk. The strategy, known as the Texas Two-Step, is based on the state law which allows companies with large liabilities to establish a new subsidiary with few assets. The company then reorganizes through Chapter 11 and moves the assets and liabilities into the newly established subsidiary.

Often the new subsidiary will usually be in another jurisdiction to avoid lawsuits that relate to asbestos exposure prior to the restructuring. This is the approach used in several high profile cases, including J&J's reorganization of LTL Management, which faced the possibility of 40,000 baby powder claims. Gordon's firm represents a number clients that are currently employing this strategy for their clients, including Georgia-Pacific Bestwall which faces more than 60,000 claims.

The statute of limitations can complicate asbestos lawsuits. Mesothelioma generally occurs between 10 and 40 years after asbestos exposure. State laws, also known as statutes or limits, allow victims between one and five years to file suit. In the case of grievous death, the family members can file a claim for up to three years from the date of the deceased loved one's death to file a claim.

Settlements

Most asbestos-related diseases result in 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. But, in many other cases, victims accept a small amount. The main reason for this is that many companies which once manufactured and used asbestos are now closed or bankrupt. Asbestos companies that file for bankruptcy must follow a process that has been approved by the court which requires them to reserve large sums of money in order to pay future victims. Trusts like these permit more claimants to receive compensation, but the amounts are often much lower than those granted under a tort system.

The value of an asbestos case is dependent on the severity of the illness and the time it took to develop, and how the life of a victim has been affected. The value of the dollar is determined by the amount of medical expenses, lost wages and the extent of the suffering of the victim.

Most states have statutes of limitation that limit the time a mesothelioma or other asbestos-related injury victim may pursue legal action against the defendant. The date of the plaintiff's diagnosis of mesothelioma typically acts as a constructive notice and begins the clock on the SOL.

Most mesothelioma cases are settled or disposed of by the courts because mesothelioma can be a lethal cancer that takes years to show symptoms. However, if mesothelioma patients do die before their case has reached an agreement the estates of their deceased can 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 accountable for their part in exposing the victims to the toxic chemical. We have represented the families of mesothelioma sufferers in cases against companies throughout the United States and Canada, as well as in the Middle East, including Iran.

Trials

If a trial is held the victims could receive verdicts that amount to millions of dollars. These awards can be used to cover medical expenses, lost wages, and other losses related to asbestos exposure. A jury may also award punitive damage to penalize the responsible company for their actions and to discourage others from putting customers or employees at risk.

The compensation from an asbestos lawsuit can aid families of mesothelioma patients get back on their feet following losing loved ones to the disease. Families often need to take off work to care for mesothelioma patients, resulting in a loss of income. Mesothelioma judgments and settlements can pay for the expenses and provide family members a financial plan for the future.

Asbestos-related lawsuits are among the longest-running mass torts in U.S. history. The lawsuits have resulted in dozens of companies filing for bankruptcy, and asbestos trust funds were created to compensate victims. Research has proven that exposure to asbestos causes lung damage and diseases like mesothelioma.

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

During the litigation, attorneys and clients conduct a series of interviews known as discovery. During this phase, attorneys gather information and evidence from defendants to prepare for trial. A lot of defendants be settled during this phase to avoid a potentially damaging verdict by a jury.

A mesothelioma lawyer with experience has the experience and resources to hold asbestos distributors, manufacturers and insurance companies accountable for their negligence. Lawyers at Waters Kraus & Paul have successfully held asbestos companies accountable and secured substantial settlements for their clients. Call us today to find out how we can help your family members and ensure that you receive the justice you deserve. We represent asbestos-exposed persons across the nation. We can assist you in obtaining the compensation you deserve if you or someone you know has contracted an asbestos-related illness.