An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos attorney can aid those suffering from asbestos-related diseases. This includes asbestosis, mesothelioma and lung cancer.
Many firms offer a complimentary case review for mesothelioma patients. This allows you to learn about how a particular company handles the claims, and determine if they are suitable for you.
A lawsuit against a company that produces asbestos could result in compensation of 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 utilized as an insulator and fire-resistant material. It was used for decades in New York, as well as in other areas of the United States, in manufacturing, industrial and commercial environments. Many of these facilities, such as power plants, textile mills, and shipyards, exposed workers to massive amounts of asbestos regularly. Some of these workers developed mesothelioma as well as other lung diseases that were directly related to their asbestos exposure. Anyone affected should consult an experienced New York mesothelioma attorney to ensure they receive the compensation they deserve.
When the first lawsuits were filed in the late 1960s, scientists confirmed what people had long believed to be true – that exposure to asbestos causes lung damage and disease. This knowledge spurred a wave of claims that led to dozens of asbestos producers to declare bankruptcy. In bankruptcy proceedings, the companies set up asbestos trust funds for the families of victims. The amount of money that was deposited to these trusts is currently in the hundreds of millions of dollars.
Congress has tried to pass legislation in order to settle the asbestos litigation. However, these bills have failed due to a variety reasons. They have not addressed the issue of the best way to treat patients suffering from mesothelioma who have recurrences or have passed away.
The asbestos defense industry has also been a hindrance in its attempt to discredit the scientific consensus that asbestos, even when it is in low amounts can cause mesothelioma as well as lung cancer. These campaigns include funding and publishing articles designed to back the asbestos industry’s arguments in the courtroom.
Individual cases may be consolidated into multidistrict litigation in order to speed up the process. In 1991, for example one judge consolidated 885 asbestos lawsuits against power plants to allow for faster resolution of these cases. Plaintiffs are permitted to appeal a decision within 30 to 180 days, which can delay the receipt of any money award until after the appeal is concluded. A defendant may be required to provide a an amount of bond for any awards, based on the outcome of the appeal.
The process of filing a claim
An asbestos lawyer can assist families and individuals file different kinds of asbestos claims. These claims can include compensation for funeral costs, medical expenses loss of income, loss of consortium in consortium, pain and suffering and other damages. They can also seek restitution from businesses who exposed workers to asbestos. They can also aid veterans to submit a claim for disability compensation through the Veteran’s Administration.
A lawyer that specializes in asbestos litigation can look over your case for free to determine if there are any legal options. They can answer any questions you may have and explain the different legal procedures. They can come to your workplace, hospital or home for a consultation. They are on a contingent basis, meaning that you don’t have to pay any upfront legal fees.
If a client engages an asbestos attorney, he or will need to ensure that the lawsuit is filed in line to the statute of limitations applicable to. The majority of states require victims to make an asbestos lawsuit within a few years after being diagnosed with mesothelioma, lung cancer or another asbestos-related disease. It can be hard to determine if someone has been exposed to asbestos as the symptoms aren’t always apparent until years later. A lawyer for asbestos can help clients navigate the laws of their respective states and ensure that lawsuits are filed at the right time.
After filing the complaint, mesothelioma lawyers will collect evidence to back your claim, such as company records and interviews with your family members. They may also request old documents from the asbestos companies that might prove negligent behavior.
An experienced asbestos lawyer can also help you file the wrongful-death suit when a loved-one has passed away due to mesothelioma and other asbestos-related diseases. In a wrongful demise lawsuit survivors can seek compensation for emotional distress, funeral expenses, and loss of companionship. They can also demand punitive damages from the asbestos company.
An experienced asbestos lawyer has the capacity to quickly gain access to records from different states or asbestos companies and can provide you with more legal options than local law firms. The resources offered by an asbestos law firm will also give victims a much better chance at winning substantial compensation.
Preparing for trial
Asbestos, a toxic mineral, that was used for a long time in the workplace. Workers exposed to the material in construction, shipbuilding automotive manufacturing, shipbuilding, and other industries typically suffer from serious diseases like mesothelioma, lung cancer, asbestosis, or pleural effusion (inflammation of the lining of the lungs). If you’ve been diagnosed with a disease due to asbestos exposure, you deserve compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can assist you in filing a personal injury or wrongful death lawsuit against the companies responsible for your exposure. A mesothelioma case allows you to pursue financial compensation for medical expenses, loss of earnings as well as pain and suffering, emotional distress and other damages.
The statutes of limitations differ in each state for personal injury and wrongful death lawsuits. It’s important to have an experienced mesothelioma lawyer on your side to ensure you don’t overrun the deadline for filing an claim.
Your lawyer will conduct an investigation and gather evidence on your behalf once the legal process has begun. They will question you and your former landowner, employer or other parties who may have been involved in your asbestos exposure. They will also study the details of your case to determine how, where and when you might be exposed.
Most asbestos cases are handled on a contingency-fee basis which means that the attorney is paid a percentage of any compensation you receive as a representation. Your attorney will also cover all costs associated with your case in the event that you win an award or settlement and they collect their fees from the winner.
If you and your asbestos lawyer cannot reach an agreement on a contingency fee then you can choose to work with an alternative firm. The attorneys from the second law firm will need to sign a written contract dividing the work and costs.
In the majority of 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. Asbestos lawsuits that are successful settle between $1 million to $1.4 millions to the victims.
Going to Trial
Asbestos lawyers can assist their clients receive compensation through either a settlement or successful trial decision. Compensation is determined by a number of factors, including the length of exposure to asbestos and the severity and frequency of symptoms. Asbestos lawsuits may award damages for physical suffering and suffering loss of income as well as future earnings, medical expenses and household expenses like childcare transport, housekeeping and transportation.
A lawsuit against asbestos may also result in compensation for the wrongful death of a person, including money to cover funeral costs and other expenses associated with the loss of loved relatives. Families may also be entitled to compensation because of the emotional stress caused by the passing of an individual they love.
Attorneys with asbestos litigation experience can assist victims of mesothelioma, lung cancer, and other asbestos-related diseases to seek compensation from asbestos manufacturers. In addition, mesothelioma lawyers may help with filing claims using trust funds created by asbestos companies that went bankrupt.
The years between the time of exposure to asbestos and the beginning of illness can make it difficult to determine who were responsible for the asbestos-related disease. Evidence can also disappear or be destroyed with time, and asbestos-related businesses could be forced out of business. This can make the case more difficult.
In the event of filing an asbestos lawsuit the mesothelioma attorney representing the plaintiff must determine the asbestos manufacturer and asbestos product relevant to the claim. A knowledgeable attorney will then conduct an exhaustive investigation of each asbestos product and asbestos manufacturer to ensure that the case is complete with all facts.
Belluck & Fox’s asbestos lawyers have been holding negligent asbestos producers accountable for the hardworking workers exposed to the hazardous material. Over the years they have been able to secure more than one billion dollars in compensation for their clients. 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, and an $8 million verdict for a construction employee who died after being exposed asbestos in joint sealing compounds at a Manhattan skyscraper.
