An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos attorney can aid victims of asbestos-related diseases. This includes asbestosis and mesothelioma and lung cancer.
Many firms provide free case reviews for mesothelioma sufferers. This will let you examine how a company handles these claims and determine if they are the right fit for you.
A lawsuit against a business that manufactures asbestos can result in compensation of medical bills, lost wages and other expenses. 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 used for decades in New York, as well as other regions of the nation, in industrial, manufacturing and commercial environments. The workers in these places, like shipyards, power stations and textile mills, were frequently exposed to asbestos. Some of these workers developed mesothelioma as well as other lung diseases directly related to their exposure to asbestos. The affected individuals should seek out an expert New York mesothelioma attorney to help them receive the compensation they deserve.
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 disease. This knowledge sparked a wave claims that led to dozens of asbestos producers to declare bankruptcy. In the bankruptcy proceedings, these companies established asbestos trust funds for victims and their families. The amount that was deposited to these trusts is currently in the hundreds of millions of dollars.
Congress has tried to pass legislation to settle the asbestos litigation. However the bills have not passed due to a variety of reasons. They didn't address, for example, the best way to treat patients suffering from mesothelioma who have recurrences or are deceased.
The asbestos defense industry has also been a hindrance in its effort to discredit the scientific consensus that asbestos even at a low level is a risk factor for mesothelioma or lung cancer. These campaigns have included securing funding and publishing papers in scientific journals that are intended to help the asbestos industry's legal arguments in trial.
To accelerate the process it is possible to have individual cases consolidated to multidistrict litigation. In 1991, for example one judge consolidated over 850 asbestos lawsuits involving power plants to facilitate the faster resolution of these cases. The defendants can appeal a verdict between 30 and 180 days. This can delay any monetary award. A defendant could be required to make a an amount of bond for any award, contingent on the outcome of an appeal.
How to File a Claim
An asbestos lawyer can assist families and individuals file various types of asbestos claims. These claims could be for reimbursement for funeral expenses, medical costs, lost income, loss of consortium as well as pain and suffering and other damages. They can also sue companies that exposed asbestos workers. They can also assist veterans file a claim for disability compensation with the Veteran's Administration.
A lawyer who is an expert in asbestos litigation will examine 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 travel to your workplace, hospital or home for a consult. They work on a contingent basis, so you don't need to pay upfront legal fees.
When a client hires an asbestos lawyer, they must make sure the lawsuit is filed within the applicable deadline. Many states require asbestos sufferers to start a lawsuit within a few years after being diagnosed with mesothelioma or lung cancer. It isn't always easy to determine the time a person was exposed to asbestos, as the symptoms are not likely to appear until decades after exposure. An experienced asbestos lawyer can assist clients to navigate their state's specific laws and ensure that the lawsuit is filed in a timely manner.
After filing a complaint mesothelioma lawyers will collect evidence in support of your claim. This includes company records and even interviews conducted with your family. They can also subpoena records from asbestos companies to demonstrate negligence.
An experienced asbestos lawyer can assist you to bring a lawsuit for wrongful death if a loved one was killed by mesothelioma, or another asbestos-related disease. In a wrongful death lawsuit, survivors may seek compensation for emotional distress, funeral costs, and loss of companionship. They can also seek punitive damages against asbestos companies.
A good asbestos attorney can quickly access records from various states and asbestos companies. They also offer you more legal options than any local law firm would provide. A national asbestos law firm's resources will give victims a better chance of obtaining a substantial amount of compensation.
Preparing for the trial
Asbestos, which is a highly toxic mineral has been employed in industrial work for decades. Workers exposed to asbestos in the shipbuilding, construction and automobile manufacturing industries among others, suffer from severe illnesses such as mesothelioma (lung cancer) asbestosis, pleural effusion (inflammation of the lung's lining). If you've been diagnosed as suffering from a disease that is linked to asbestos exposure, you are entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can help you make a claim for personal injury or wrongful deaths against the businesses responsible for your exposure. A mesothelioma suit permits you to claim financial compensation for medical expenses, lost wages, pain and discomfort, emotional distress, etc.
The statutes of limitation vary in each state for personal injury and wrongful death lawsuits. It is important to have a seasoned mesothelioma lawyer on your side to ensure you don't be late in filing an claim.
Once the legal process has begun your lawyer will work on your behalf to gather and investigate evidence. They will speak with you as well as any former landowners, employers, or other people that may have been involved in your exposure to asbestos. They will also review the specifics of your case to determine if the location, when, and where you were exposed.
The majority of asbestos cases are dealt with 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 be responsible for any expenses associated with your case and, if you prevail either a settlement or a judgment they will receive their fees from the winner.
If you and your asbestos attorney are unable to come to an agreement over an hourly fee, you can hire another firm. However, the attorneys of the second firm must sign a contract that shares the costs and work.
In the majority of cases, compensation is granted to mesothelioma patients and their families when a jury finds in their favor. However, many asbestos lawsuits settle out of court. On average asbestos lawsuits that get an outcome that is successful will pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos attorneys can help their clients receive compensation for their injuries by either winning or settling a case. Compensation is based on a number of factors, such as the length of exposure to asbestos and the frequency and severity of symptoms. Asbestos lawsuits can result in damages for suffering and suffering, lost income and future earnings as also medical expenses including childcare, transportation and housekeeping.
longview asbestos law firm for claims of wrongful death can be obtained through an asbestos lawsuit which will pay for funeral costs as well as other expenses associated with the death of a loved one. Families could also be entitled to compensation for the emotional pain that is caused by the death of an individual they love.
Lawyers who have experience in asbestos litigation are able to help patients suffering from mesothelioma lung cancer and other asbestos-related diseases seek compensation from responsible asbestos producers. Mesothelioma lawyers can help make claims using trust funds set up by asbestos-related companies that have gone bankrupt.
The time interval between the time of exposure to asbestos and the beginning of illness can make it difficult to determine which defendants were responsible for an asbestos-related disease. Additionally, evidence can disappear or be destroyed as time passes and asbestos companies may cease to be in business, which complicates the matter even more.
The attorney representing the plaintiff for mesothelioma must identify all asbestos producers and asbestos products involved in the lawsuit before submitting the lawsuit. An experienced attorney will conduct a thorough examination of each asbestos-related manufacturer and product to ensure that all the relevant facts are in the case.
For decades, mesothelioma attorneys at Belluck & Fox have held negligent asbestos manufacturers accountable for the hardworking people exposed to the dangerous substance. This has helped them secure more than $1 billion in compensation for their clients over the years. The firm has secured notable verdicts, such as a $22 million award for an Navy veteran who contracted mesothelioma while repairing boilers aboard ships. Another $8 million verdict for a construction worker who died from exposure to asbestos in joint sealing compounds at the top of a Manhattan high rise.