An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can assist those suffering of asbestos-related diseases. They include asbestosis, mesothelioma and lung cancer.
Many firms offer free case reviews for mesothelioma sufferers. This allows you to learn about the process a company uses to handle these claims and then decide if they are the right fit for you.
A lawsuit against a business which manufactures asbestos may result in compensation of medical expenses, lost wages and other costs. However, alaska asbestos lawyer can be costly.
The history of asbestos-related lawsuits
Asbestos, a naturally occurring mineral is utilized as an insulator and a fire-resistant material. It was extensively used in New York, as well as other regions of the nation, in industrial, manufacturing and commercial environments. Workers working in many of these facilities, such as shipyards, power plants, and textile mills were frequently exposed to asbestos. Some of these workers later developed mesothelioma or other lung diseases directly linked to their exposure. The affected individuals should seek out an expert New York mesothelioma attorney to help them get the compensation they are due.
As the first lawsuits were filed in the late 1960s, scientists confirmed what people had long suspected - that exposure causes lung damage and disease. This revelation triggered a flurry of claims that led to dozens of asbestos companies to file for bankruptcy. In bankruptcy proceedings asbestos manufacturers set up trust funds for the families of victims. The money deposited to these trusts is now equal to hundreds of millions of dollar.
Although Congress has attempted to pass legislation in order to settle the asbestos litigation issue, the bills have stalled due to various reasons. They did not address the issues of the treatment options for patients suffering from mesothelioma whose recurrences are ongoing or who are deceased.
Another roadblock has been the asbestos defense industry's efforts to discredit and undermine the scientific consensus that asbestos in all forms even at very low levels, can be responsible for inducing mesothelioma or lung cancer, and other asbestos-related illnesses. These campaigns include obtaining funding and publishing articles that are intended to support the asbestos industry's arguments in court.
Individual cases may be consolidated into multidistrict litigation to expedite the process. In 1991, for example one judge consolidated over 850 asbestos lawsuits involving power plants to speed up the resolution of these cases. The defendants can appeal a verdict between 30 and 180 days. This will delay any financial award. A defendant could be required to post an amount of bond for any awards received, depending on the outcome of the appeal.
How to File a Claim
An asbestos lawyer can assist families and individuals file different types of asbestos claims. These claims could be for compensation to cover funeral costs, medical expenses lost income loss of consortium and suffering and pain. They can also seek restitution from businesses who exposed their workers to asbestos. They can also assist veterans to file a claim for disability compensation with the Veteran's Administration.
A lawyer who is an expert in asbestos litigation will review your case for free to determine if there are any legal options available. They can provide you with information on the various legal procedures and address any questions you might have. They can travel to your home, office or hospital to meet with you for a consultation. They work on a contingent basis, which means that you won't have to pay upfront legal costs.
If a client employs an asbestos lawyer, he/ must ensure that the lawsuit is filed in line to the statute of limitations in force. Most states require asbestos-related victims to submit a lawsuit within a few years after being diagnosed with mesothelioma or lung cancer. It is often difficult to determine whether a person has been exposed to asbestos, since the symptoms are not likely to appear until decades after exposure. An asbestos lawyer can help clients navigate the laws of their state and ensure that the lawsuits are filed within the timeframe.
After filing the complaint, an attorney for mesothelioma will gather evidence to support your claim. This includes company records as well as interviews with family members. They can also subpoena older documents from asbestos companies to prove negligence.
An experienced asbestos lawyer can help you bring a lawsuit for wrongful death if a loved one was killed by mesothelioma or a different asbestos-related disease. In a lawsuit for the wrongful death of a loved one, survivors can claim compensation to compensate for emotional distress, funeral costs, and loss companionship. They can also seek punitive damages against the asbestos company.
A reputable asbestos lawyer has the capacity to quickly gain access to documents from various states or asbestos companies and can provide you with more legal options than local law firms. The national resources of an asbestos law firm could provide victims with a greater chance of winning substantial compensation.
Prepare for Trial
Asbestos, which is a highly toxic mineral has been employed in industrial settings for decades. Workers exposed to asbestos in construction, shipbuilding manufacturing of automobiles, shipbuilding, and other industries typically suffer from severe illnesses like mesothelioma or lung cancer, asbestosis, or the pleural effusion (inflammation of the lining of the lungs). If you've been diagnosed with an illness due to asbestos exposure, you're 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 death against the companies responsible for your exposure. A mesothelioma lawsuit allows you to pursue financial compensation for medical expenses, lost wages as well as pain and suffering, emotional distress and other damages.
The statutes of limitations vary in each state for personal injury and wrongful death lawsuits. It is essential to hire a mesothelioma lawyer to ensure that you do not miss the deadline to file claims.
Once the legal process begins, your attorney will work on your behalf to conduct an investigation and gather evidence. They will interview you and any former employers, landowners or other people that may have been involved in your exposure to asbestos. They will also examine the specifics of your case to determine the extent 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 the a portion of any money you receive as compensation for representation. Your attorney will also be responsible for any expenses associated with your case in the event that you win either a settlement or a judgment, they will collect their fees from the winning party.
If you and your asbestos lawyer can't agree on a payment for contingency then you can choose to work with a different firm. The attorneys from the second law firm will be required to sign a contract that divides the cost of work and fees.
In the majority of cases, compensation is granted mesothelioma victims and their families when a jury decides that they are in their favor. Many asbestos lawsuits are settled outside 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 client get compensation by settlement or winning a trial. Compensation is contingent on a variety of aspects, including the duration of time and type of asbestos exposure and degree of symptoms. Asbestos lawsuit compensation may include damages for physical suffering and suffering loss of income, future earnings, medical expenses and household expenses such as childcare transport, housekeeping and transportation.
Compensation for wrongful deaths can also be obtained through an asbestos lawsuit, which includes money to cover funeral expenses and other costs associated with the death of a loved one. Additionally, family members may be entitled to compensation for the emotional pain and sadness caused by the loss of a loved one.
Attorneys with experience in asbestos litigation may help patients suffering from mesothelioma lung cancer and other asbestos-related diseases seek compensation from responsible asbestos manufacturers. In addition, mesothelioma lawyers could help with filing claims using trust funds set up by asbestos companies that have gone into bankruptcy.
The passage of decades between the time of exposure to asbestos and the beginning of disease can make it difficult to determine who were responsible for an asbestos-related disease. Evidence may also vanish or be lost over time, and asbestos companies could go out of business. This makes the case more complicated.
The plaintiff's lawyer for mesothelioma must identify all asbestos-related asbestos companies and asbestos products that are involved in the case before filing an action. An experienced attorney will conduct a thorough investigation of each asbestos product and asbestos manufacturer to ensure the case is complete with all facts.
For decades, mesothelioma attorneys at Belluck & Fox have held negligent asbestos manufacturers accountable for the countless people who were exposed to this harmful substance. Over the years they have been able to secure more than a billion dollars in compensation for their clients. The firm has won significant verdicts, such as a $22 million award for an Navy veteran who contracted mesothelioma after repairing boilers on ships, and an $8 million verdict for an employee of a construction firm who died from asbestos exposure joint-sealing materials at an Manhattan high-rise.