An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can aid those suffering from asbestos-related illnesses. This includes asbestosis, mesothelioma and lung cancer.
Many firms provide free case reviews for mesothelioma sufferers. This will allow you to observe how a particular company handles these claims and determine if they’re the right fit for your.
A lawsuit against an asbestos-related company could result in settlement for medical bills as well as lost wages and other costs. However, asbestos case litigation is expensive.
The history of asbestos-related lawsuits
Asbestos can be a risky, naturally occurring mineral used for insulation and fire protection. For decades it was used in a variety of manufacturing commercial, industrial, and settings in New York and across the country. Many of these facilities, such as textile mills, power plants and shipyards, exposed workers massive amounts of asbestos regularly. A few of them later developed mesothelioma or other lung diseases that are directly linked to their exposure. A New York mesothelioma lawyer can assist those affected to receive the compensation they are entitled to.
As the first lawsuits were filed in the late 1960s, researchers confirmed what many had long believed to be true – that exposure to Asbestos Case causes lung damage and diseases. This revelation triggered a flurry of claims that caused a multitude of asbestos producers to declare bankruptcy. As part of their bankruptcy procedures, these companies set up asbestos trust funds to pay the victims and their families. The amount of money that was deposited to these trusts is currently in the hundreds of millions of dollars.
Although Congress has attempted to pass legislation that would end the asbestos litigation issue, these bills have been unable to pass due to a variety of reasons. For instance they didn’t address how to treat mesothelioma patients who have recurrences disease or who have passed away.
The asbestos defense industry has also been a stumbling block in its efforts to debunk the scientific consensus that asbestos even at a low level, can cause mesothelioma and lung cancer. These campaigns have included funding and publishing articles in journals with scientific content that aim to assist the asbestos industry’s legal arguments in trial.
To speed up the process, individual cases can be condensed into multidistrict litigation. In 1991, a judge consolidated 850 asbestos lawsuits against power plants to speed up the resolution of these cases. The defendants are able to appeal a verdict within 30 to 180 days, which will delay the receipt of any award in cash until the appeal is completed. Depending on the outcome of the appeal the defendant could be required to sign a bond for any monetary award received.
How to File a Claim
An asbestos claim lawyer can assist families and individuals with filing various asbestos claims. These claims can be for reimbursement for funeral expenses, medical expenses and lost income, as well as loss in consortium as well as pain and suffering and other damages. They can also seek restitution from businesses who exposed their workers to asbestos. They can also help veterans submit a claim for disability compensation through the Veteran’s Administration.
A lawyer that specializes in asbestos litigation will review your case free of charge to determine if you have any legal options. They can help you understand the various legal procedures and address any questions that you have. They can come to your home, hospital or office to meet with you for a consultation. They work on a contingent basis, meaning that you don’t have to pay any upfront legal costs.
If a client employs an asbestos attorney, they must make sure that the lawsuit is filed within the appropriate statute of limitations. Most states require asbestos victims to bring a suit within a few years after being diagnosed with mesothelioma or lung cancer. It isn’t easy to know the date a person was exposed to asbestos, as the symptoms are not likely to show up until years after exposure. An experienced asbestos lawyer can assist clients in understanding the specific laws in their state and ensure that the suit is filed in a timely manner.
After submitting a complaint, an attorney for mesothelioma will gather evidence to support your claim. This includes company records as well as interviews conducted with your family. They can also subpoena old documents from asbestos companies to prove negligent behavior.
A skilled asbestos lawyer can help you bring a lawsuit for wrongful death if a loved ones died from mesothelioma, or another asbestos-related disease. In a lawsuit for victims of wrongful deaths, survivors may claim compensation to compensate for emotional pain, funeral expenses as well as loss of companionship. They can also demand punitive damages from the asbestos company.
A good asbestos attorney has the resources to quickly get records from various states and asbestos companies, and will provide you with more legal options than the local law firm can provide. A national asbestos law firm’s resources give victims a better chance of obtaining a substantial amount of compensation.
Preparing for the Trial
Asbestos, a toxic mineral, has been employed in industrial settings for many years. Workers exposed to the material in shipbuilding, construction auto manufacturing, shipbuilding, as well as other industries frequently suffer from severe illnesses like mesothelioma, lung cancer, asbestosis, or the pleural effusion (inflammation of the lung’s lining). If you’ve been diagnosed as suffering from a condition related to 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 the companies who are accountable for your exposure. A mesothelioma lawsuit permits you to seek financial compensation for medical expenses, lost wages or income, pain and suffering, emotional distress, and other damages.
The statutes of limitations differ by state for both personal injury and wrongful death lawsuits. You need an experienced mesothelioma lawyer to ensure you don’t miss the deadline for filing claims.
Once the legal process has begun the attorney will work on your behalf to look into and gather evidence. They will speak with you as well as any former landowners, employers or other individuals who were involved in your exposure to asbestos. They will also study the details of your case to determine the location, the method you were exposed, and the time at which you be exposed.
The majority of asbestos cases are dealt with by a contingency fee which means that the attorney will receive an amount of the compensation you receive for asbestos Case your representation. Your attorney will take care of the entire cost of your case. If you win, they will be paid by the winning party.
If you and your asbestos lawyer cannot reach an agreement on a contingency fee then you can choose to work with a different firm. However, the attorneys in the second firm must sign a contract stating that they will share the cost of work and expenses.
In most cases, the compensation is given to mesothelioma patients as well as their families when a jury decides that they are in their favor. Many asbestos lawsuits are settled outside of court. On average asbestos lawsuits that achieve an agreement that is successful pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can aid their clients recover compensation via either a settlement or successful trial decision. Compensation is based on many factors, including the length of exposure to asbestos as well as the severity and frequency of symptoms. Asbestos lawsuit compensation may include damages for physical suffering and pain as well as loss of income and future earnings, medical expenses, and household expenses such as childcare transport, housekeeping and transportation.
A lawsuit against asbestos can also result in compensation for wrongful deaths that include money to pay funeral expenses as well as other expenses relating to the loss of loved relatives. Additionally, family members may be entitled to compensation for the emotional trauma and sadness caused by the loss of loved ones.
Lawyers with experience in asbestos litigation can help victims of mesothelioma, lung cancer, and other asbestos-related diseases seek compensation from asbestos producers. Mesothelioma lawyers are also able to help file claims with trust funds established by asbestos companies that have gone bankrupt.
The time interval between the first exposure to asbestos and the onset of disease can make it difficult to determine which defendants were responsible for the asbestos-related illness. Evidence may also vanish or be destroyed over time, and asbestos companies could go out of business. This makes the case more complicated.
The plaintiff’s lawyer for mesothelioma must determine all possible asbestos manufacturers and asbestos products that are involved in the case before submitting an action. A knowledgeable attorney can then conduct a thorough investigation of each asbestos manufacturer and product to ensure that all the relevant facts are in the court.
For decades, mesothelioma lawyers at Belluck & Fox have held negligent asbestos manufacturers accountable for the hardworking individuals they exposed to this dangerous substance. Through the years they have been able to secure more than a billion dollars in compensation for their clients. The firm has won significant verdicts such as the $22 million verdict for an Navy veteran who contracted mesothelioma from repairing boilers on ships. There was also an $8 million verdict for an employee of a construction company who died due to asbestos exposure in joint-sealing materials at the top of a Manhattan high-rise.