An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A skilled asbestos lawyer can help victims of asbestos-related illnesses. This includes asbestosis and mesothelioma, as well as lung cancer.
Many firms provide free mesothelioma patients with case reviews. This allows you to observe how a particular company manages these claims and determine if they're the right fit for you.
A lawsuit against an asbestos company can result in compensation for medical bills, lost wages and other expenses. However, litigation can be costly.
The History of Asbestos Lawsuits
Asbestos is a mineral that occurs naturally, is used as an insulator and fire-resistant material. For decades it was employed in various manufacturing commercial, industrial, and settings in New York and across the across the country. Many of these establishments, including power plants, textile mills, and shipyards, exposed workers to significant amounts of asbestos on a regular basis. Some of those workers later developed mesothelioma or other lung diseases that are directly related to their exposure. Those affected should hire an expert New York mesothelioma attorney to assist them in obtaining the compensation they're due.
As the first lawsuits were filed in the late 1960s, researchers confirmed what many had long believed - that exposure to asbestos causes lung damage and disease. This information triggered a wave of claims that caused a multitude of asbestos producers to declare bankruptcy. In bankruptcy proceedings these companies set up asbestos trust funds for the families of victims. The money they pay into these trusts has now amounted to hundreds of millions of dollars.
While Congress has attempted to pass legislation to resolve the asbestos litigation process these bills have not succeeded due to a variety of reasons. For instance they did not consider how to treat mesothelioma patients who are suffering from recurrences of their disease or who have passed away.
The asbestos defense industry has also been a roadblock in its attempt to discredit the scientific consensus that asbestos even at a low concentration is a risk factor for mesothelioma or lung cancer. These campaigns include funding and publishing articles which are designed to strengthen the asbestos industry's arguments in the courtroom.
To speed up the process the individual cases can be consolidated to multidistrict litigation. In 1991, a judge consolidated 885 asbestos lawsuits against power plants to speed the resolution of these cases. Plaintiffs may appeal a ruling between 30 and 180 days. This could delay any financial award. Depending on the outcome of the appeal the defendant could end up being required to make a bail for any award of money.
How to File a Claim
An asbestos lawyer can assist individuals and families file various kinds of asbestos claims. These claims may be for compensation for medical expenses, funeral fees lost income, loss in consortium, pain and suffering, and other damages. They can also seek restitution from businesses that exposed workers to asbestos. They may also help veterans make a claim to the Veteran's Administration for disability compensation.
A lawyer who is an expert in asbestos litigation will examine your case for free to determine if there are legal options available. They can explain the different legal procedures and answer any questions that you have. They are able to travel to your home, hospital or office to provide a consultation. They operate on a contingency basis, so you don't need to pay any upfront legal fees.
When a client hires an asbestos attorney, he or will need to ensure that the lawsuit is filed in line with the statute of limitations in force. Many states require asbestos sufferers to file a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It can be hard to determine whether a person has been exposed to asbestos as the symptoms don't usually appear until years afterward. An experienced asbestos attorney can assist clients in understanding the specific laws in their state and ensure that the lawsuit is filed in a timely manner.
After filing the complaint mesothelioma lawyers gather evidence to prove your claim, which could include company records and interviews with your family members. They can also subpoena documents from asbestos companies to prove negligence.
A knowledgeable asbestos lawyer can help you bring a lawsuit for wrongful death if your loved ones died from mesothelioma, or another asbestos-related disease. In a wrongful demise lawsuit survivors are entitled to compensation for emotional stress, funeral expenses and loss of companionship. They may also seek punitive damage against asbestos companies.
A good asbestos lawyer will have the ability to quickly gain access to records from various states or asbestos firms and can provide you with more legal options than local law firms. The national resources of an asbestos law firm will also give victims a much better chance at winning substantial compensation.
Preparing for Trial
Asbestos, which is a highly toxic mineral has been employed in industrial work for many years. Workers who were exposed to asbestos in construction, shipbuilding manufacturing of automobiles, shipbuilding, and other industries are often affected by severe illnesses like mesothelioma and lung cancer, asbestosis or the pleural effusion (inflammation of the lung's lining). If you've been diagnosed with a disease caused by asbestos exposure, you deserve compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can help you to file a personal injury or wrongful death lawsuit against companies that are responsible for your exposure. A mesothelioma lawsuit lets you receive financial compensation for medical costs and lost wages or income, pain and discomfort, emotional distress, and more.
The statutes of limitation vary in each state for personal injury and wrongful death lawsuits. It is important to have a seasoned mesothelioma lawyer by your side to ensure that you don't overrun the deadline for filing a claim.
Your lawyer will conduct an investigation and gather evidence on behalf of you once the legal process has started. They will question you and any former landowner, employer or other party who could have been involved in your asbestos exposure. They will also study the details of your case to determine how, where, and when you may be exposed.
The majority of asbestos cases are handled on a contingency fee basis which means that the attorney will receive a percentage of any compensation you receive as compensation for representation. Your attorney will pay for all costs related to your case. If you win and are awarded the money by the winning party.
If you and your asbestos lawyer are unable to come to an agreement on a contingency fee, you can hire another firm. The attorneys from the second law firm must to sign a written contract dividing the work and fees.
Usually, mesothelioma sufferers and their families are awarded compensation after obtaining an appeals court verdict in favor of the plaintiff. However many asbestos lawsuits settle outside of court. On average asbestos lawsuits that get an outcome that is successful will pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can help their clients get compensation through settlement or winning a trial. Compensation is based on many factors, including the duration of exposure to asbestos and the severity and frequency of symptoms. Asbestos lawsuits may award damages for physical suffering and suffering loss of income, future earnings, medical expenses, and household expenses, such as childcare transportation, housekeeping and childcare.
Compensation for wrongful death claims can be secured through an asbestos lawsuit which will pay for funeral costs as well as other expenses associated with the loss of a loved one. In addition, family members may be entitled to compensation for the emotional trauma and grief caused by the death of loved ones.
Attorneys with asbestos litigation experience can help victims of mesothelioma, lung cancer and other asbestos-related ailments seek compensation from asbestos manufacturers. Mesothelioma lawyers can also assist claim compensation from trust funds created by asbestos companies who have gone bankrupt.
The time interval between exposure to asbestos and the beginning of illness can make it difficult to determine who were responsible for an asbestos-related illness. Evidence may also vanish or be destroyed with time, and asbestos-related companies could cease to be in business. new haven asbestos law firm can make the case more difficult.
The plaintiff's lawyer for mesothelioma must identify all asbestos producers and asbestos-related products involved in the claim prior to filing an action. An experienced attorney will conduct a thorough analysis of every asbestos manufacturer and product to ensure that all the relevant facts are available to the plaintiff in the case.
For decades, mesothelioma attorneys at Belluck & Fox have held negligent asbestos producers accountable for the hardworking people exposed to this deadly substance. Through the years they have managed to secure more than one billion dollars in compensation for their clients. The firm has secured notable verdicts, including a $22million settlement for an Navy veteran diagnosed with mesothelioma when repairing boilers on ships. It also secured an $8million verdict for a construction worker who died after being exposed to asbestos in joint sealing compounds at the top of a Manhattan skyscraper.