An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can aid victims of asbestos-related illnesses. They include asbestosis, mesothelioma and lung cancer.
Many firms offer a free case review for patients with mesothelioma. This allows you to learn about how a particular company handles these claims and decide whether they are suitable for you.
A lawsuit against a business that manufactures asbestos could result in compensation for medical bills, lost wages and other expenses. It is costly to litigate.
The history of asbestos law suits
Asbestos is a hazardous, naturally occurring mineral used for insulation and fire resistance. For many years, it was used in various manufacturing, industrial, and commercial settings in New York and across the across the country. The workers in these places, like power plants, shipyards and textile mills, were often exposed to asbestos. Some of the workers were diagnosed with mesothelioma and other lung diseases that were directly related to their asbestos exposure. A New York mesothelioma lawyer can help affected people receive the benefits they are entitled to.
As the first lawsuits were filed in the latter half of 1960, scientists confirmed what many had long suspected - that asbestos exposure causes lung damage and disease. This revelation triggered a flurry of claims that led to dozens of asbestos manufacturers to declare bankruptcy. In bankruptcy proceedings, asbestos manufacturers set up trust funds for victims and their families. The amount of money that was transferred into these trusts is in the hundreds of millions of dollars.
Although Congress has tried to pass legislation to resolve the asbestos litigation issue, these bills have not succeeded due to a variety of reasons. For example, they did not address the treatment options for mesothelioma victims who are suffering from recurrences of their illness or who are deceased.
The asbestos defense industry has also been a roadblock in its attempt to discredit the scientific consensus that asbestos, even when it is at a low concentration can cause mesothelioma and lung cancer. These campaigns include obtaining funding and publishing articles that are meant to support the asbestos industry's arguments in court.
Individual cases may be consolidated into multidistrict litigations to speed the process. In 1991, a judge joined 850 asbestos lawsuits against power plants to speed up resolution of these cases. Defendants can appeal a verdict between 30 and 180 days. This could delay any monetary award. A defendant may be required to pay a bond for any monetary awards received, depending on the outcome of an appeal.
How to File a Claim
An asbestos lawyer can aid families and individuals with filing different types of asbestos claims. These claims can 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 seek restitution from businesses who exposed workers to asbestos. They can also aid veterans to submit a claim for disability compensation with the Veteran's Administration.
A lawyer who is an expert in asbestos litigation will examine your case at no cost to determine if there are legal options available. They can provide you with information on the various legal procedures and address any questions you have. They are often able to travel to your hospital or at home for a consultation and offer their services on a contingent basis and therefore you won't be liable for any upfront legal fees.
If a client employs an asbestos lawyer, he/ she must ensure that the lawsuit is filed in accordance with the applicable statute of limitation. Many states require that victims file an asbestos lawsuit within a few years after being diagnosed with mesothelioma lung cancer or another asbestos-related disease. It can be difficult to determine if someone has been exposed to asbestos because symptoms typically don't manifest until decades later. An asbestos lawyer can help clients navigate the laws of their state and ensure that the lawsuits are filed at the right time.
After filing the complaint, mesothelioma lawyers will collect evidence to prove your claim, which could include company records as well as interviews with family members. They may also request old documents from asbestos companies, which could prove negligent conduct.
An experienced asbestos attorney can also assist you in filing an action for wrongful death when a loved-one has died from mesothelioma or other asbestos-related illnesses. In a case for victims of wrongful deaths, survivors may seek compensation to cover emotional distress, funeral costs, and loss of companionship. They can also seek punitive damages against an asbestos-related company.
A reputable asbestos attorney has the capacity to swiftly access records from various states and asbestos companies, and can provide you with more legal options than a local law firm could offer. The resources offered by an asbestos law firm could also give victims a much better chance of obtaining significant compensation.
Preparing for the trial
Asbestos, a toxic mineral, has been employed in industrial work for many years. Workers exposed to asbestos in shipbuilding, construction and automotive manufacturing industries as well as other industries, are often suffering from serious illnesses like mesothelioma (lung cancer) asbestosis, pleural effusion (inflammation of the lining of the lungs). If you've been diagnosed with a condition that is related to asbestos exposure, then you're entitled compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can assist you make a personal injury claim or wrongful death suit against the companies accountable for your exposure. A mesothelioma lawsuit lets you receive financial compensation for medical expenses as well as lost wages, pain and discomfort, emotional distress, etc.
The statutes of limitation differ according to state, for both personal injury and wrongful death lawsuits. You'll need a knowledgeable mesothelioma lawyer in order to ensure you don't miss your deadline for filing a claim.
Your lawyer will investigate and collect evidence on behalf of you once the legal process has started. They will conduct an interview with you and any former employers, landowners or other parties that were involved in your exposure asbestos. They will also review the details of your situation to determine the extent, where, and when you were exposed.
The majority of asbestos cases are dealt with on a contingency fee basis. This means that the attorney will get a portion of whatever compensation you receive. wichita falls asbestos lawyer will cover all costs related to your case. If you win and are awarded the money by the winning party.
If you and your asbestos lawyer cannot reach an agreement on a contingency fee you may choose to hire another firm. However, the attorneys of the second firm must sign a contract to share the cost of work and fees.
In the majority of cases, the compensation is given to mesothelioma patients as well as their families when a jury comes in their favor. However many asbestos lawsuits settle outside 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 assist their clients obtain compensation by getting a settlement or winning a court. Compensation is determined by several factors, including the length of exposure to asbestos, as well as the severity and frequency of symptoms. Asbestos lawsuit damages may include damages for pain and suffering, loss of income and future earnings, as in addition to medical expenses including childcare, transportation and housekeeping.
Compensation for wrongful deaths can be obtained through an asbestos lawsuit, which will pay for funeral costs as well as other expenses associated with the death of loved ones. Families may also be entitled to compensation for the emotional distress caused by the passing of a loved one.
Attorneys with expertise in asbestos litigation can help patients suffering from mesothelioma lung cancer and other asbestos-related illnesses obtain compensation from responsible asbestos producers. Moreover, mesothelioma lawyers can help with filing claims with trust funds created by asbestos companies that have gone into bankruptcy.
The years between exposure to asbestos and the onset of disease can make it difficult to determine who were responsible for the asbestos-related illness. Evidence may also vanish or be lost over time, and asbestos businesses could be forced out of business. This makes the situation more complicated.
The attorney representing the plaintiff for mesothelioma should identify all potential asbestos producers and asbestos products involved in the lawsuit before submitting the lawsuit. A knowledgeable attorney will then conduct a thorough investigation of each asbestos product and asbestos manufacturer to ensure the case is based on all facts.
Belluck & Fox's asbestos lawyers have been holding negligent asbestos producers accountable for the hardworking people exposed to the hazardous material. Through the years they have managed to secure more than a billion dollars in compensation for their clients. The firm has won a number of notable verdicts, such as a $22million award to an Navy veteran diagnosed with mesothelioma when repairing boilers on ships, as well as an $8million verdict for a construction worker who passed away after being exposed to asbestos in joint sealing compounds in the top of a Manhattan skyscraper.