Do Not Buy Into These "Trends" About Asbestos Lawsuit
Mesothelioma Lawsuits
Asbestos lawyers may hold asbestos-related companies accountable through the filing of a lawsuit. They could be former employers or asbestos producers.
The companies were aware of asbestos's dangers but did not inform their workers. These lawsuits seek to compensate the victims and their families.
Most asbestos lawsuits settle before trial. However, experienced attorneys are prepared to bring your case all the way to an eventual jury trial, if needed.
Military Service
Mesothelioma is a rare but deadly disease can affect veterans who were exposed to asbestos during their service in the military. Mesothelioma suits are filed against asbestos firms that are responsible and compensation can be awarded to cover the costs of treatment.
Military personnel were exposed to asbestos in the service, especially while working on ships and in shipyards. A variety of military equipment, such as boilers pipes, boilers, and engine rooms, contained asbestos. 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 victims are awarded compensation through a variety of avenues, including VA benefits legal settlements, trust funds. As mesothelioma can be classified as an incurable illness veterans are able to be eligible for VA disability payments.
Veterans can be eligible for compensation from the VA or legal settlements that help pay for medical treatment as well as support their families and enjoy a comfortable life. Asbestos lawyers can assist veterans learn more about the benefits and assist in submitting claims.
Lawyers can assist their 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. Waters Kraus & Paul's mesothelioma lawyers hold asbestos companies accountable.
Some mesothelioma cases end up in court, even though most settle. In a trial, victims are presented before a judge and a jury who may decide to award more or less than the amount of a settlement. In one mesothelioma-related trial, a jury handed out $40 million to family of the victim. This is the highest verdict ever handed out in asbestos cases. The lawyers representing the victims have to show that the defendants are accountable for the victim's exposure to asbestos and were negligent in causing their injury. This evidence is typically provided through documents and testimony from those who worked with the victim.
Bankruptcy
In addition to monetary damages and compensation for pain, victims and their families could also be entitled to medical expenses and compensation. The process can take a long time. It typically takes two years or more between diagnosis and the point at which the victim is awarded compensation. It is therefore important to contact a mesothelioma lawyer as early as you can.
Asbestos lawsuits can be a bit complicated. They involve a variety of parties, including multiple trusts and a complicated series of legal procedures. The lawsuits are brought by mesothelioma victims or their estates. The companies were aware of the connection between mesothelioma and asbestos, but continued to manufacture asbestos products for decades. In the end, thousands of asbestos victims have been awarded damages.
Many of the companies that produced asbestos-containing products have gone bankrupt due to the staggering amount of lawsuits. This has led to the development of a legal profession dedicated exclusively to asbestos litigation.
Companies that are in business may declare bankruptcy to limit their exposure. The Texas Two-Step strategy is based on state law that allows companies with high liabilities to form a subsidiary with low assets. The company then reorganizes itself under Chapter 11 and transfers the assets and liabilities to the newly created subsidiary.
Often, the new subsidiary is usually in another jurisdiction to avoid lawsuits related to asbestos exposure that occurred before the reorganization. This strategy has been used in several high-profile cases, for instance, J&J's restructuring LTL Management which faced 40,000 claims for baby powder. Gordon's firm currently represents a number of clients that are using this strategy, including Georgia-Pacific's Bestwall, which faces more than 60,000 claims.
The statute of limitations can make asbestos lawsuits more complicated. Mesothelioma usually occurs between 10 and 40 years after asbestos exposure. State laws, also referred as statutes or limitations give victims between one and five years to file suit. In the case an untimely death, the family can have up to three years to file a lawsuit from the date the loved one passed away.
Settlements
Many times, asbestos-related diseases result in significant settlements. In some cases, like the wrongful death suit brought by the family of an asbestos pipefitter, a jury settlements that reached millions of dollars. In many instances, victims receive very little compensation. The primary reason is that many businesses that used to manufacture and install asbestos are now closed or insolvent. Companies that manufacture asbestos who file for bankruptcy must follow a court-approved procedure which requires them to reserve huge sums of money in order to pay future victims. These trusts allow more claimants to be compensated but the amounts are often much lower than the amount granted under a tort system.
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 extent of the suffering suffered by the victim. The value of a dollar is determined by the amount of medical expenses and lost wages, as well as the extent of the victim's suffering.
Most states have statutes of limitation limiting the amount of time that a mesothelioma asbestos-related injury victim can pursue legal action against a defendant. The date of the plaintiff's diagnosis with mesothelioma typically acts as constructive notice and sets the clock on the SOL.
Since mesothelioma is a fatal type of cancer that takes decades for symptoms to be evident, most mesothelioma claims do not go to trial and are resolved through settlement or an award from the court. If mesothelioma sufferers die before their cases are settled the estates of their deceased victims may continue to pursue a lawsuit against asbestos on their behalf.
Waters Kraus &Paul's lawyers represent clients from a wide variety of industries across the United States and around the world who have suffered from asbestos exposure. We hold asbestos producers and their insurers responsible for their role in exposing the victims to the toxic chemical. We have represented the families of mesothelioma sufferers in cases against companies across the United States and Canada, as well as in the Middle East, including Iran.
Trials
Although trial is not common, when it does happen, victims are able to receive multi-million-dollar verdicts. These awards may cover medical expenses, lost wages, and other losses related to asbestos exposure. A jury may also award punitive damages to penalize the responsible companies for their conduct and to discourage other companies from putting consumers or employees in danger.
An asbestos lawsuit can help mesothelioma families get back on their legs after losing a loved to the disease. Families are often forced to take time off from work to take care of mesothelioma patients, resulting in loss of income. Mesothelioma settlements and judgments could pay for the expenses and provide family members a financial plan for the future.
Asbestos lawsuits have been a part of mass torts for decades in the United States. The lawsuits have led to numerous companies to declare bankruptcy and has also led to the creation of asbestos trust funds to compensate victims. Research has proven that asbestos exposure leads to lung damage and illnesses such as mesothelioma.
A mesothelioma lawyer can create and negotiate an argument to ensure that clients get the most money. A lawyer with experience will advise clients on the pros of settling cases versus going to trial. An attorney can explain how different states' statutes of limitations and asbestos laws may affect the outcome of a case.
During the process of litigation attorneys and their clients conduct a series of interviews, which is known as discovery. During this phase, attorneys gather information and evidence from defendants in preparation for trial. During this period, many defendants are willing to compromise to avoid a potentially damaging verdict.
A mesothelioma lawyer who is experienced has the experience and resources necessary to hold accountable asbestos manufacturers, distributors, and insurance companies accountable for their negligence. Miami Gardens asbestos lawyer & Paul attorneys have successfully held asbestos-related companies accountable for their negligence and negotiated substantial settlements for their clients. Contact us today to find out how we can help your family and you get the justice you deserve. We represent asbestos-exposed persons across the country. We can help you get the compensation you deserve if or someone you love has contracted an asbestos-related illness.