An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos attorney can assist victims of asbestos-related illnesses. This includes asbestosis, mesothelioma and lung cancer.
Many firms offer free mesothelioma patients with case reviews. 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 an asbestos company can result in reimbursement for medical expenses, lost wages and other costs. However, litigation can be costly.
The history of asbestos law suits
Asbestos is a hazard, naturally occurring mineral used for insulation and fire protection. It was widely used in New York, as well as other parts of the country, in manufacturing, industrial and commercial environments. Many of these facilities, such as textile mills, power plants, and shipyards, exposed workers substantial amounts of asbestos regularly. Some of these workers later developed mesothelioma or other lung diseases directly related to their exposure. Those affected should hire an skilled New York mesothelioma attorney to help them receive the compensation they are due.
When the first lawsuits were filed in the latter half of the 1960s, researchers confirmed what people had long believed to be true - that exposure to asbestos causes lung damage and diseases. This revelation triggered a flurry of claims that caused a multitude of asbestos producers to declare bankruptcy. In the bankruptcy proceedings, asbestos manufacturers set up trust funds for victims and their families. The money they pay to these trusts is now equal to hundreds of millions of dollars.
Congress has tried to pass legislation in order to settle the asbestos litigation. However the bills have failed due to a variety of reasons. For example they didn't address the treatment options for mesothelioma victims who have recurrences of their disease or have died.
Another issue has been the asbestos defense industry's efforts to defame and undermine the scientific consensus that all forms of asbestos even at low levels, can be responsible for causing mesothelioma, lung cancer, and other asbestos-related illnesses. These campaigns have included funding and publishing articles in scientific journals which are designed to aid the asbestos industry's legal arguments in trial.
To speed up the process it is possible to have individual cases consolidated to multidistrict litigation. In 1991, for instance, one judge consolidated the asbestos lawsuits of 850 power plants to speed up the resolution of these cases. Plaintiffs are permitted to appeal a decision within 30 to 180 days. This will delay the receipt of any money award until after the appeal has been resolved. A defendant could be required to pay a bond for any money award, contingent on the outcome of the appeal.
How to File a Claim
An asbestos lawyer can assist individuals and families file various kinds of asbestos claims. These claims can include reimbursement for funeral expenses, medical costs, lost income, loss of consortium, pain and suffering, and other damages. They can also sue companies that exposed asbestos workers. 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 free of charge to determine if there are legal options available. They can explain the different legal procedures and answer any questions you have. They can often travel to your home or hospital to meet with you and offer their services on a contingent basis and therefore you won't be held accountable for any upfront legal costs.
When a client engages an asbestos lawyer, they must make sure the lawsuit is filed within the proper statute of limitations. Most states require asbestos victims to start a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It can be hard to determine if someone has been exposed to asbestos since the symptoms don't usually appear until decades afterward. An experienced asbestos attorney can assist clients to navigate the specific laws in their state and ensure that the suit is filed in time.
After filing 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 the asbestos-related companies that could reveal the negligence of the company.
A knowledgeable asbestos lawyer can help you file a lawsuit for wrongful death if your loved one died of mesothelioma, or another asbestos-related disease. In a wrongful demise lawsuit, survivors may seek compensation for emotional distress, funeral costs, and loss of companionship. They can also seek punitive damages against an asbestos company.
A good asbestos attorney has the ability to quickly access records from various states and asbestos companies. They also offer more legal options than the local law firm can provide. A national asbestos law firm's resources will provide victims with a greater chance of receiving a large amount of compensation.
Preparing for the Trial
Asbestos is a noxious mineral that was used for a long time in the workplace. Workers exposed to the material in shipbuilding, construction auto manufacturing, shipbuilding, as well as other industries typically suffer from serious illnesses such as mesothelioma or lung cancer, asbestosis or pleural effusion (inflammation of the lung's lining). If you have been diagnosed with a condition that is related to asbestos exposure, you're entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer will help you file a lawsuit for personal injury or wrongful deaths against the companies that are accountable for your exposure. hammond asbestos lawyer allows you to pursue financial compensation for medical expenses, loss of wages or income, pain and suffering, emotional distress, and other damages.
The statutes of limitation differ in each state for personal injury and wrongful death lawsuits. You need an experienced mesothelioma lawyer in order to ensure you don't miss the deadline for filing an action.
Once the legal process begins, your attorney will work on your behalf to gather and investigate evidence. They will interview both you and your former landowner, employer, or other parties who may have been involved in your asbestos exposure. They will also investigate the details of your case to determine the location, the method and when you could be exposed.
Most asbestos cases are handled on a contingency basis. This means that the attorney will get a portion of any amount you are paid. Your attorney will pay for all expenses associated with your case. If you win, they will be paid by the winning party.
If you and your asbestos attorney are unable to come to an agreement over a contingency fee you may choose to hire a different firm. The attorneys from the second law firm will have to sign a contract for the division of the costs and work.
Typically, mesothelioma patients and their family members receive compensation when they win a jury verdict in favor of the plaintiff. Many asbestos lawsuits are settled out of court. On average, asbestos lawsuits that reach an agreement that is successful pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos attorneys can help their clients get compensation through either winning or settling a case. Compensation depends on several aspects, including the duration of time and the type of asbestos exposure and degree of symptoms. Asbestos lawsuit damages can include damages for suffering and pain, lost income and future earnings as also medical expenses including childcare, transportation and housekeeping.
Compensation for wrongful deaths can also be obtained through an asbestos lawsuit, that includes funds to cover funeral costs as well as other expenses associated with the death of loved ones. Families may also be entitled to compensation for the emotional pain caused by the death a loved one.
Lawyers with experience in asbestos litigation can assist patients suffering from mesothelioma, lung cancer and other asbestos-related ailments seek compensation from asbestos manufacturers. Mesothelioma lawyers can help claim compensation from trust funds that were set up by asbestos companies who went bankrupt.
It is often difficult to determine who is responsible for an asbestos-related disease due to the long time between first exposure and manifestation of symptoms. In addition, evidence may disappear or be destroyed over time and asbestos firms can go out of business, which could complicate the case even further.
The mesothelioma lawyer representing the plaintiff must identify all asbestos producers and asbestos-related products involved in the lawsuit before filing an action. An experienced attorney can conduct a thorough analysis of each asbestos manufacturer and product to ensure that all the relevant information is provided to the plaintiff in the case.
Belluck & Fox's asbestos lawyers have been holding negligent asbestos manufacturers accountable for the hardworking workers exposed to the dangerous material. Through the years, they have been able to secure more than one billion dollars in compensation for their clients. The firm has achieved 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 passed away after being exposed to asbestos in joint sealing compounds at the top of a Manhattan skyscraper.