An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced
asbestos lawyer can assist victims of asbestos-related illnesses. These include mesothelioma, asbestosis and lung cancer.
Many firms offer a complimentary case review for patients with mesothelioma. This will let you observe how a particular company handles these claims and determine if they're the right fit for your.
A lawsuit against a company that manufactures asbestos can result in compensation for medical expenses, lost wages, and other costs. Legal proceedings can be costly.
The History of Asbestos Lawsuits
asbestos compensation, a naturally occurring mineral that is a natural mineral, is used as an insulator and a fire-resistant material. For many years it was utilized in various manufacturing, industrial, and commercial settings in New York and across the country. Workers in many of these places, like shipyards, power stations and textile mills, were often exposed to asbestos. Some of these workers later developed mesothelioma or other lung diseases directly related to their exposure. A New York mesothelioma lawyer can assist those affected to receive the benefits they are entitled to.
As the first lawsuits were filed in the latter half of the 1960s, researchers confirmed what many had long suspected - that asbestos exposure causes lung damage and disease. This discovery triggered a flood of claims, which led to the emergence of asbestos manufacturers to declare bankruptcy. In the course of bankruptcy proceedings, these companies established asbestos trust funds to pay the victims and their families. The amount that was transferred into these trusts is in the hundreds of millions of dollars.
While Congress has tried to pass legislation to end the asbestos litigation process, these bills have been unable to pass due to various reasons. They did not address, for example, the best way to treat patients suffering from mesothelioma whose recurrences are ongoing or are deceased.
The asbestos defense industry has also been a roadblock in its efforts to debunk the scientific consensus that asbestos even at a low level can cause mesothelioma as well as lung cancer. These campaigns have included financing and publishing articles in scientific journals that aim to support the asbestos industry's legal arguments during trial.
To accelerate the process it is possible to have individual cases condensed into multidistrict litigation. In 1991, a judge joined 850 asbestos lawsuits against power plants to speed the resolution of these cases. Plaintiffs may appeal a ruling between 30 and 180 days. This can delay any financial award. Depending on the outcome of the appeal, the defendant may be required to post a bond for any monetary award received.
How to File a Claim
An asbestos lawyer can help families and individuals with filing various asbestos claims. These claims may be for reimbursement for medical expenses,
asbestos lawyer funeral fees, lost income, loss of consortium or consortium, pain and suffering and other damages. They can also sue companies that exposed asbestos workers. They can also aid veterans apply for disability compensation through the Veteran's Administration.
A lawyer who specializes in
asbestos litigation can look over your case at no cost to determine if you have legal options. They will explain the various legal procedures and address any questions that you have. They can often travel to your hospital or at home to consult and offer their services on a contingent basis which means that you won't be held accountable for any initial legal costs.
If a client hires an asbestos attorney, they must make sure that the lawsuit is filed within the correct time frame. Most states require asbestos-related victims to submit a lawsuit within a few years after being diagnosed with mesothelioma or lung cancer. It can be hard to determine if a person has been exposed to asbestos since symptoms typically don't manifest until decades afterward. An experienced
asbestos lawyer can assist clients with understanding their state's specific laws and ensure that the suit is filed in time.
After filing the complaint a mesothelioma lawyer will gather evidence to support your claim, including company records and interviews with your family members. They can also request documents from asbestos companies to prove negligence.
An experienced asbestos attorney will also assist you in filing a wrongful death lawsuit if a loved one has passed away due to mesothelioma and other asbestos-related illnesses. In a wrongful demise lawsuit survivors may seek compensation for emotional distress, funeral expenses, and loss of companionship. They may also seek punitive damages against asbestos companies.
A reputable asbestos attorney has the capacity to swiftly access records from different states and asbestos companies. They can offer more legal options than an individual law firm could offer. The national resources of an asbestos law firm will also give victims a much better chance of obtaining significant compensation.
Preparing for Trial
Asbestos is a poisonous mineral that was used for a long time in industrial settings. Workers exposed to asbestos in shipbuilding, construction and automotive manufacturing industries among others, suffer from severe illnesses such as mesothelioma (lung cancer) or asbestosis or Pleural effusion (inflammation of lungs' lining). If you've been identified 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 assist you in filing a personal injury or wrongful death lawsuit against companies accountable for your exposure. A mesothelioma suit will allow you to receive financial compensation for medical expenses, lost wages, pain and discomfort, emotional distress, etc.
The statutes of limitations differ by state for both personal injury and wrongful death lawsuits. You require a seasoned mesothelioma lawyer to make sure that you don't exceed the deadline to file an action.
Once the legal process has begun your lawyer will begin working on your behalf to investigate and gather evidence. They will speak with you as well as any former employers, landowners or other people who were involved in your exposure to asbestos. They will also examine the details of your situation to determine if they came to know when, where, and how you were exposed.
Most asbestos cases are handled by a contingency fee which means that the attorney will receive a percentage of any compensation you receive as a representation. Your attorney will also take care of the costs of your case and, if you prevail any settlement or judgment and they collect their fees from the party that won.
If you and your
asbestos lawyer are unable to come to an agreement on a contingency fee then you can choose to work with a different firm. The attorneys of the second firm must agree to a contract for sharing the cost of work and expenses.
Usually, mesothelioma sufferers and their family members receive compensation if they get the verdict of a jury in favor of the plaintiff. However many asbestos lawsuits are settled out of court. On average asbestos lawsuits that get the desired conclusion pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can help their clients receive compensation for their injuries by settling or winning a trial. Compensation is based on several factors, including the duration of exposure to asbestos as well as 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 claims of wrongful death can also be obtained through an
asbestos lawsuit which will pay for funeral costs and other expenses that come with the loss of loved ones. Families could also be entitled to compensation for the emotional distress that is caused by the death of a loved one.
Attorneys with experience in asbestos litigation are able to aid victims of mesothelioma lung cancer, and other asbestos-related diseases seek compensation from responsible asbestos producers. In addition, mesothelioma lawyers may help with filing claims with trust funds created by asbestos companies that have gone bankrupt.
The time between first exposure to asbestos and the beginning of disease can make it difficult to determine who were the ones responsible for an asbestos-related disease. In addition, evidence may disappear or be lost as time passes and asbestos companies may cease to be in business, which complicates the matter even more.
When you file an asbestos lawsuit the mesothelioma lawyer for
asbestos lawyer the plaintiff should determine every possible asbestos producer and asbestos product relevant to the claim. A knowledgeable attorney can then conduct a thorough investigation into every asbestos manufacturer and product to ensure that all the relevant facts are available to the court.
Belluck and Fox's asbestos lawyers have been holding negligent asbestos producers accountable for the hardworking employees they exposed to this dangerous 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, such as the $22 million verdict for an Navy veteran who contracted mesothelioma following the repair of boilers on ships. There was also an $8 million verdict for a construction worker who died from asbestos exposure joint-sealing materials at a Manhattan high rise.