An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can aid victims of asbestos-related illnesses. This includes asbestosis, mesothelioma and lung cancer.
Many companies offer a no-cost case review for mesothelioma patients. This will allow you to examine how a company handles these claims and determine if they are the right fit for you.
A lawsuit against a company that manufactures asbestos could result in compensation of medical bills, lost wages and other costs. However, litigation can be costly.
The history of asbestos law suits
Asbestos is a naturally occurring mineral that is a natural mineral, is used as an insulator and a fire-resistant material. For many years, it was used in various manufacturing, industrial, and commercial settings in New York and across the country. Workers in a variety of establishments, including shipyards, power plants and textile mills were frequently exposed to asbestos. A few of them later developed mesothelioma or other lung diseases directly related to their exposure. A New York mesothelioma lawyer can help those affected receive the benefits they are entitled to.
Researchers proved what a lot of people believed to be true: that exposure to asbestos can cause lung disease and damage. This revelation triggered a flurry of complaints that prompted a number of asbestos producers to declare bankruptcy. As part of their bankruptcy proceedings, these companies established asbestos trust funds to pay victims and their families. The money they pay into these trusts has now amounted to hundreds of millions of dollars.
Although Congress has tried to pass legislation that would end the asbestos litigation process, the bills have stalled due to various reasons. For example they did not discuss how to treat mesothelioma patients who are recurrently suffering from their disease or who have passed away.
Another roadblock has been the asbestos defense industry's efforts to defame and undermine the scientific consensus that asbestos in all forms even at low levels, can be responsible for creating mesothelioma, lung cancer as well as other asbestos-related diseases. These campaigns include funding and publishing articles that are meant to support the asbestos industry's arguments in the courtroom.
Individual cases can be combined into multidistrict litigation to expedite the process. In 1991, a judge condensed 885 asbestos lawsuits against power plants to speed the resolution of these cases. The defendants are able to appeal a decision within 30 to 180 days, which will delay the receipt of any monetary award until after the appeal has been completed. A defendant may be required to post an amount of bond for any awards received, based on the outcome of an appeal.
How to File a Claim
An asbestos lawyer can assist individuals and families file various kinds of asbestos claims. These claims can be for compensation for funeral costs, medical expenses loss of income, loss of consortium as well as pain and suffering and other damages. They may also sue companies that exposed asbestos workers. They can also help veterans to file a claim for disability compensation through the Veteran's Administration.
A lawyer that specializes in asbestos litigation can examine your case at no cost to determine if you have any legal options. They will explain the various legal procedures and answer any questions that you have. They can come to your home, office or hospital for a consultation. They are on a contingent basis, which means that you won't have to pay upfront legal fees.
If a client engages an asbestos attorney, he or will have to ensure that the lawsuit is filed in line with the statute of limitations in force. Most states require victims to file an asbestos lawsuit within a few years after being diagnosed with mesothelioma, lung cancer, or an asbestos-related illness. It can be hard to determine if someone has been exposed to asbestos since the symptoms usually don't show until years later. A lawyer for asbestos can help clients navigate the laws of their state and ensure that lawsuits are filed on time.
When you file a complaint mesothelioma lawyers will collect evidence to support your claim. This includes records from the company and interviews conducted with your family members. They can also request documents from asbestos-related companies in order to prove negligence.
An experienced asbestos attorney can also help you file a wrongful death suit if a loved one has passed away from mesothelioma or any other asbestos-related illnesses. In a wrongful death suit, survivors can seek compensation for their emotional stress, funeral expenses and loss of companionship. They may also seek punitive damages against an asbestos company.
A good asbestos lawyer has the capacity to quickly access documents from various states and asbestos companies. They can offer you more legal options than local law firms. A national asbestos law firm's resources can provide victims with a greater chances of winning a substantial settlement.
Preparing for the trial
Asbestos is a poisonous mineral that was extensively used in industrial settings. surprise asbestos lawyer exposed to asbestos in the shipbuilding, construction and automobile manufacturing industries as well as other industries, are often suffering from severe diseases like mesothelioma (lung cancer) asbestosis, pleural effusion (inflammation of the lung's lining). If you've been diagnosed with a condition that is related to asbestos exposure you deserve compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can help you bring a suit for personal injury or wrongful deaths against the companies responsible for your exposure. A mesothelioma suit allows you to seek financial compensation for medical expenses, loss of earnings as well as pain and suffering, emotional distress and other damages.
The statutes of limitations in each state differ for personal injury and wrongful death lawsuits. You'll need a knowledgeable mesothelioma lawyer who can ensure that you don't exceed the deadline for filing a claim.
Your attorney will conduct an investigation and gather evidence on your behalf once the legal process has begun. They will speak with you and your former employer, landowner, or other individuals who could have been involved in your asbestos exposure. They will also investigate the specifics of your case to determine how they came to know when, where, and how you were exposed.
The majority of asbestos cases are handled on a contingency basis. This means that your attorney will receive a proportion of the compensation you receive. Your attorney will also be responsible for any costs associated with your case in the event that you win a judgment or settlement the attorney will be able to collect their fees from the winning party.
If you and your asbestos lawyer can't come to an agreement on a contingent payment, you can hire a different firm. The attorneys of the second law firm will need to sign a contract that divides the work and fees.
In the majority of cases, compensation is awarded to mesothelioma patients and their families when a jury comes in their favor. Many asbestos lawsuits are settled out of court. On average, asbestos lawsuits that reach a successful outcome pay out between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos attorneys can assist their clients receive compensation for their injuries by getting a settlement or winning a court. Compensation is based on several factors, including the length of exposure to asbestos as well as the severity and frequency of symptoms. Asbestos lawsuits can result in damages for physical suffering and suffering loss of income, future earnings, medical expenses as well as household expenses, such as childcare as well as housekeeping, transportation and childcare.
A lawsuit against asbestos may also result in compensation for deaths caused by negligence that include money to pay funeral expenses and other expenses associated with the death of loved ones. Families could also be entitled to compensation because of the emotional pain caused by the passing of a loved one.
Lawyers with experience in asbestos litigation can help patients with mesothelioma, lung cancer and other asbestos-related illnesses seek compensation from asbestos producers. Mesothelioma lawyers can also assist file claims with trust funds that were set up by asbestos-related companies that went bankrupt.
The years between first exposure to asbestos and the onset of disease can make it difficult to determine which defendants were responsible for the asbestos-related illness. In addition, evidence may disappear or be lost as time passes and asbestos companies can cease to be in business, which could complicate the case further.
The lawyer representing mesothelioma plaintiffs must identify all asbestos manufacturers and asbestos products involved in the lawsuit prior to filing an action. A knowledgeable attorney will then conduct an extensive investigation of each asbestos product and asbestos manufacturer to ensure that the case has all the facts.
Belluck & Fox's asbestos lawyers have been holding negligent asbestos manufacturers responsible for the hardworking individuals who were exposed to this hazardous material. This has helped them secure more than $1 billion in compensation for their clients over the years. The firm has won a number of notable verdicts, including a $22million award to an Navy veteran diagnosed with mesothelioma when repairing boilers on ships. They also won an $8million verdict for a construction worker who passed away after being exposed to asbestos in joint sealing compounds in the top of a Manhattan skyscraper.