An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos attorney can help victims of asbestos-related illnesses. These include mesothelioma, asbestosis and lung cancer.
Many companies offer a free case review for mesothelioma patients. This will allow you to observe how a particular company deals with these claims and determine if they are the right fit for you.
A lawsuit against a business that manufactures asbestos case can result in compensation for medical bills, lost wages and other costs. The cost of litigation is high.
The History of Asbestos Lawsuits
Asbestos is a mineral that occurs naturally that is a natural mineral, is used as an insulator and fire-resistant material. For a long time it was utilized in various manufacturing, industrial, and commercial settings in New York and across the country. Many of these facilities, like power plants, textile mills and shipyards, exposed workers to significant amounts of asbestos on a regular basis. Some of these workers later developed mesothelioma and other lung diseases that are directly linked to their exposure. A New York mesothelioma lawyer can help affected people receive the compensation they are entitled to.
As the first lawsuits were filed in the latter half of 1960, scientists confirmed what they had long believed to be true – that exposure to asbestos causes lung damage and disease. This knowledge sparked a wave complaints that prompted a number of asbestos producers to declare bankruptcy. In bankruptcy proceedings, the companies set up asbestos trust funds for victims and their families. The money paid into these trusts has now amounted to hundreds of millions of dollars.
Although Congress has tried to pass legislation in order to settle the asbestos litigation process these bills have not succeeded due to numerous reasons. They did not address for instance, how to treat patients with mesothelioma who have recurrences or are deceased.
Another obstacle has been the asbestos defense industry’s effort to defame and undermine the scientific consensus that all forms of asbestos even at low levels, are capable of creating mesothelioma, lung cancer and other asbestos-related ailments. These campaigns have included financing and publishing articles in journals of science that aim to assist the asbestos industry’s legal arguments at trial.
To accelerate the process it is possible to have individual cases condensed into multidistrict litigation. In 1991, for instance one judge consolidated 850 power plant asbestos lawsuits to facilitate faster resolution of these cases. Plaintiffs may appeal a ruling between 30 and 180 days. This could delay any financial award. A defendant may be required to provide a bond for any money award, contingent on the outcome of an appeal.
How to File a Claim
An asbestos lawyer can assist individuals and families in filing different types of asbestos claims. These claims may be for compensation to cover medical expenses, funeral costs, lost income loss of consortium and pain and suffering. They may also seek restitution from businesses that exposed workers to asbestos. They can also aid veterans to submit a claim for disability compensation through the Veteran’s Administration.
A lawyer who is an expert in asbestos litigation will evaluate your case for free to determine if there are any legal options available. They can answer your questions and explain the various legal procedures. They can come to your office, home or hospital to meet with you for a consultation. They work on a contingent basis, so you don’t need to pay upfront legal fees.
If a client employs an asbestos lawyer, he/ she must ensure that the lawsuit is filed in accordance to the statute of limitations applicable to. The majority of states require asbestos victims to submit a lawsuit within a few years after being diagnosed with mesothelioma or lung cancer. It isn’t always easy to determine the date a person was exposed to asbestos, as the symptoms typically do not show up until years after exposure. An experienced asbestos attorney can assist clients with understanding the specific laws in their state and ensure that the lawsuit is filed on time.
After filing the complaint a mesothelioma lawyer will gather evidence to prove your claim, which could include company records and interviews with your family members. They can also subpoena older documents from the asbestos companies, which could prove the negligence of the company.
An experienced asbestos attorney can also help you file a wrongful death lawsuit in the event that a loved one has passed away due to mesothelioma and other asbestos-related illnesses. In a lawsuit involving grieving families, the survivors can seek compensation to help with emotional pain, funeral expenses, and loss companionship. They may also seek punitive damages against asbestos companies.
A reputable asbestos attorney has the ability to quickly access records from different states and asbestos companies, and can provide you with more legal options than an individual law firm could offer. A national asbestos law firm’s resources give victims a better chance of winning substantial compensation.
Prepare for the trial
Asbestos, which is a highly toxic mineral is employed in industrial settings for a long time. Workers exposed to asbestos in shipbuilding, construction and automobile manufacturing industries as well as other industries, are often suffering from severe diseases like mesothelioma (lung cancer), asbestosis or Pleural effusion (inflammation of lungs’ lining). If you have been diagnosed with a disease that is due to asbestos exposure you are entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can assist you to file a lawsuit for personal injury or wrongful death against the companies responsible for your exposure. A mesothelioma claim lets you receive financial compensation for medical expenses and lost wages, pain and discomfort, emotional distress, etc.
State statutes of limitation differ for personal injury and wrongful deaths lawsuits. It is essential to have a mesothelioma lawyer on your side to ensure you don’t overrun the deadline for filing claims.
Your attorney will investigate and collect evidence on behalf of you once the legal process has begun. They will interview both you and your former employer, landowner or other individuals who could have been involved in your asbestos exposure. They will also examine the details of your case in order to determine how you were exposed, where, and when you were exposed.
Most asbestos case cases are handled by a contingency fee which means that the attorney takes part of any compensation you receive as a representation. Your attorney will also be responsible for any costs associated with your case, and if you win a judgment or settlement the attorney will be able to collect their fees from the party that won.
If you and your asbestos lawyer cannot agree on a payment for contingency and you want to hire another firm. The attorneys of the second law firm will have to sign a contract dividing the work and costs.
In the majority of cases, compensation is granted to mesothelioma sufferers and their families when a jury comes that they are in their favor. However, many asbestos lawsuits settle out of court. On average asbestos lawsuits that get an agreement that is successful pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can help their clients obtain compensation by getting a settlement or winning a court. Compensation is determined by several factors, such as the length of exposure to asbestos and the frequency and severity of symptoms. Asbestos lawsuit damages may include damages for pain and suffering, loss of income and future earnings, as in addition to medical expenses as well as transportation, childcare, and housekeeping.
Compensation for wrongful death claims can be obtained through an asbestos lawsuit, which will pay for funeral expenses and other costs associated with the loss of loved ones. Additionally, family members may be entitled to compensation for the emotional trauma and sadness caused by the loss of a loved one.
Lawyers who have experience in asbestos litigation can aid victims of mesothelioma lung cancer, and other asbestos-related illnesses seek compensation from responsible asbestos manufacturers. Mesothelioma lawyers are also able to help file claims with trust funds established by asbestos companies that went bankrupt.
The years between the first exposure to asbestos and the onset of illness can make it difficult to determine who were responsible for an asbestos-related illness. Evidence may also disappear or be destroyed over time, and asbestos businesses could be forced out of business. This can make the case more difficult.
The plaintiff’s lawyer for mesothelioma must identify all possible asbestos-related asbestos companies and asbestos products involved in the lawsuit before filing an action. An experienced attorney will conduct an extensive investigation of each asbestos product and asbestos manufacturer to ensure that the case is based on all facts.
Belluck and Fox’s asbestos lawyers have been holding negligent asbestos manufacturers accountable for the hardworking employees 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 settlement for a Navy veteran diagnosed with mesothelioma during the repair of boilers on ships. They also won an $8million verdict for a construction worker who died after being exposed asbestos in joint sealing compounds at the top of a Manhattan skyscraper.
