An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A skilled asbestos lawyer can aid victims of asbestos-related illnesses. These include asbestosis, mesothelioma and lung cancer.
Many firms offer a free case review for patients with mesothelioma. This allows you to observe how a particular company handles these claims and determine if they're the right fit for your.
A lawsuit against an asbestos firm can result in reimbursement for medical expenses or lost wages, among other expenses. However, litigation is expensive.
The history of asbestos-related lawsuits
Asbestos can be a risky, naturally occurring mineral used to create insulation and fire resistance. For a long time it was used in various manufacturing commercial, industrial, and settings in New York and across the country. Many of these facilities, such as textile mills, power plants, and shipyards, exposed workers large amounts of asbestos regularly. Some of these workers developed mesothelioma and other lung diseases directly connected to their asbestos exposure. A New York mesothelioma lawyer can help affected people receive the compensation they are entitled to.
When the first lawsuits were filed in the latter half of the 1960s, researchers confirmed what people had suspected - that asbestos exposure causes lung damage and diseases. This revelation triggered a flurry of claims that caused a multitude of asbestos producers to declare bankruptcy. In bankruptcy proceedings asbestos manufacturers set up trust funds for the families of victims. The amount that was transferred to these trusts is currently in the hundreds of millions of dollars.
Congress has attempted to pass legislation in order to settle the asbestos litigation. However, these bills have failed due to a variety reasons. For instance they did not discuss how to treat mesothelioma patients who have recurrences illness or who are deceased.
Another obstacle has been the asbestos defense industry's effort to undermine and discredit the scientific consensus that all forms of asbestos, even at low levels, can be responsible for creating mesothelioma, lung cancer and other asbestos-related ailments. These campaigns include funding and publishing papers that are meant to support the asbestos industry's arguments in the courtroom.
To accelerate the process it is possible to have individual cases consolidated into multidistrict litigation. In 1991, a judge condensed over 850 asbestos lawsuits filed against power plants to speed up the resolution of these cases. The defendants are able to appeal a decision between 30 and 180 days. This can delay any financial award. Based on the outcome of the appeal the defendant could end up being legally required to pay a bond for any money awarded.
How to File a Claim
An asbestos lawyer can help families and individuals file different types of asbestos claims. These claims could be for compensation for funeral expenses, medical costs and lost income, as well as loss of consortium, pain and suffering, and other damages. They may also seek restitution from companies who exposed their workers to asbestos. They can also assist veterans file a claim for disability compensation through the Veteran's Administration.
A lawyer who is an expert in asbestos litigation will review your case at no cost to determine if there are any legal options available. They will be able to answer your questions and explain the various legal procedures. They are able to travel to your office, home or hospital to meet with you for a consultation. They are paid on a recurring basis, which means that you won't have to pay any upfront legal costs.
When a client hires an asbestos lawyer, they must make sure that the lawsuit is filed within the appropriate time frame. The majority of states require asbestos victims to submit a lawsuit within a few years after being diagnosed with mesothelioma or lung cancer. It isn't always easy to determine the date a person was exposed to asbestos because the symptoms are not likely to show up until years after exposure. An experienced asbestos attorney can assist clients with understanding the specific laws in their state and ensure that the lawsuit is filed in time.
After filing the complaint an attorney for mesothelioma will gather evidence to support your claim. This includes company records and interviews with your family members. They can also subpoena old documents from asbestos companies that might prove the negligence of the company.
An experienced asbestos lawyer will also assist you in filing an action for wrongful death when a loved one died from mesothelioma or other asbestos-related diseases. In a wrongful-death lawsuit, survivors can seek compensation for emotional stress, funeral expenses and loss of companionship. They may also seek punitive damage against the asbestos company.
An experienced asbestos attorney has the resources to quickly access records from different states and asbestos companies, and will provide you with more legal options than a local law firm could offer. The resources offered by an asbestos law firm can also give victims a much greater chance of winning significant compensation.
Preparing for the Trial
Asbestos, a toxic mineral is used in industrial jobs for decades. Workers who were exposed to asbestos in shipbuilding, construction auto manufacturing, shipbuilding, as well as other industries frequently suffer from serious diseases like mesothelioma or lung cancer, asbestosis or the pleural effusion (inflammation of the lung's lining). If you've been diagnosed with a disease related 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 personal injury claim or wrongful death lawsuit against companies accountable for your exposure. A mesothelioma lawsuit will allow you to receive financial compensation for medical costs loss of wages, pain and discomfort, emotional distress, etc.
The statutes of limitations vary by state for both personal injury and wrongful death lawsuits. It is essential to hire a mesothelioma lawyer who can ensure you don't miss your deadline to file an action.
Your lawyer will investigate and collect evidence on behalf of you once the legal process has started. They will speak with you and your former employer, landowner or other party who could have been involved in your asbestos exposure. They will also investigate the details of your situation to determine how, where and when you could have been exposed.
Most asbestos cases are handled on a contingency-fee basis, meaning that the attorney takes a percentage of any compensation you receive for your representation. Your attorney will cover the entire cost of your case. If you win the case, they will be compensated by the winning party.
If you and your asbestos lawyer are unable to come to an agreement over an hourly fee and you want to hire a different firm. However, the lawyers in the second firm must sign a contract to share the cost of work and fees.
Typically, mesothelioma victims and their families receive compensation when they win the verdict of a juror in favor of the plaintiff. However many asbestos lawsuits are settled out of court. On average asbestos lawsuits that have a successful outcome pay out between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can help their clients get compensation through either a settlement or a successful trial decision. Compensation is based on various factors, such as the length of exposure to asbestos, as well as the severity and frequency of symptoms. Asbestos lawsuit compensation can include 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.
Compensation for wrongful death claims can also be obtained through an asbestos lawsuit which includes money to cover funeral expenses and other costs associated with the loss of a loved one. In addition, family members may be entitled to compensation for the emotional pain and grief that comes from the loss of a loved one.
Attorneys with asbestos litigation experience can help victims of lung cancer, mesothelioma and other asbestos-related diseases to seek compensation from asbestos producers. Mesothelioma lawyers can also assist make claims using trust funds set up by asbestos companies who went bankrupt.
It can be difficult to determine who is responsible for an asbestos-related illness due to the long time between exposure to asbestos and the manifestation of symptoms. folsom asbestos lawsuit can also disappear or be lost with time, and asbestos-related companies could cease to be in business. This complicates the case.
The mesothelioma lawyer representing the plaintiff must identify all asbestos producers and asbestos-related products involved in the lawsuit before submitting an action. A knowledgeable attorney will then conduct a thorough investigation of each asbestos product and asbestos manufacturer to ensure that the case has all the facts.
For decades, mesothelioma attorneys at Belluck & Fox have held negligent asbestos manufacturers accountable for the hardworking people exposed to the dangerous substance. They have secured more than $1 billion in compensation for their clients over the years. The firm has achieved notable verdicts, such as a $22million award for a Navy veteran diagnosed with mesothelioma while repairing boilers on ships, as well as an $8 million verdict for a construction worker who died after being exposed to asbestos in joint sealing compounds at a Manhattan skyscraper.