An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can aid victims of asbestos-related diseases. This includes asbestosis, mesothelioma and lung cancer.
Many companies offer a free case review for mesothelioma patients. This lets you learn about how a firm 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. However, litigation is expensive.
The History of Asbestos Lawsuits
Asbestos, a naturally occurring mineral is used as an insulator and fire-resistant material. For a long time it was employed in a variety of manufacturing commercial, industrial, and settings in New York and across the across the country. Many of these facilities, including textile mills, power plants and shipyards, exposed workers to significant amounts of asbestos on a regular basis. Some of those workers developed mesothelioma or other lung diseases directly linked to their exposure to asbestos. A New York mesothelioma lawyer can assist those affected to receive the compensation they are entitled to.
When the first lawsuits were filed in the latter half of 1960, scientists confirmed what people had long believed - that exposure to asbestos causes lung damage and disease. This revelation triggered a flurry of complaints that prompted a number of asbestos producers to declare bankruptcy. As part of their bankruptcy procedures, these companies set up asbestos trust funds to pay the victims and their families. The amount that was paid into these trusts is 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 of reasons. For example they did not discuss the treatment options for mesothelioma patients who are suffering from recurrences of their illness or are deceased.
The asbestos defense industry is also a major obstacle in its attempt to discredit the scientific consensus that asbestos, even when it is in low amounts is a risk factor for mesothelioma or lung cancer. These campaigns have included financing and publishing articles in journals of science that aim to support the asbestos industry's legal argument at trial.
To speed up the process it is possible to have individual cases condensed into multidistrict litigation. In 1991, for example one judge consolidated over 850 asbestos lawsuits involving power plants to allow for faster resolution of these cases. beaumont asbestos lawsuit are permitted to appeal a verdict within 30 to 180 days, which will delay the payment of any money award until after the appeal has been concluded. Based on the outcome of the appeal the defendant could end up being required to sign a bond for any monetary award received.
How to File a Claim
An asbestos lawyer can help families and individuals in filing various types of asbestos claims. These claims can be for compensation for funeral expenses, medical expenses, lost income loss of consortium and suffering and pain. They can also seek restitution from businesses which exposed workers to asbestos. They may also help veterans to file a claim with the Veteran's Administration for disability compensation.
A lawyer who is an expert in asbestos litigation can review your case for free to determine if there are legal options available. They can answer any questions you may have and explain the various legal procedures. They can often travel to your home or hospital to meet with you and are on a contingency basis which means you won't be liable for any upfront legal costs.
When a client engages an asbestos attorney they must ensure the lawsuit is filed within the correct statute of limitations. Many states require that victims make an asbestos lawsuit within a couple of years of being diagnosed with mesothelioma, lung cancer, or another asbestos-related disease. It can be difficult to determine if an individual has been exposed to asbestos because symptoms typically don't manifest until a long time later. An experienced asbestos attorney can assist clients in understanding the specific laws of their state and ensure that the lawsuit is filed in time.
After filing the complaint a mesothelioma lawyer will gather evidence to support your claim. This includes company records and interviews with family members. They may also request old documents from the asbestos companies that might prove negligent conduct.
A knowledgeable asbestos lawyer can help you make a claim for wrongful death if your loved one was killed by mesothelioma, or another asbestos-related disease. In a lawsuit involving grieving families, the survivors can seek compensation to help with emotional distress, funeral costs as well as loss of companionship. They may also seek punitive damages against asbestos companies.
A reputable asbestos lawyer has the capability to quickly access records from various states or asbestos companies and can offer you more legal options than local law firms. A national asbestos law firm's resources will give victims a better chances of winning a substantial settlement.
Preparing for the trial
Asbestos, a highly toxic mineral has been employed in industrial settings for a long time. Workers exposed to asbestos in the construction, shipbuilding and automobile manufacturing industries as well as other industries, are often suffering from severe diseases like mesothelioma (lung cancer) or asbestosis or pleural effusion (inflammation of the lung's lining). If you've been identified as suffering from a disease that is linked 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 claim permits you to claim financial compensation for medical expenses and lost wages or income, pain and discomfort, emotional distress, and more.
The statutes of limitations differ according to state, for both personal injury and wrongful death lawsuits. It is important to have a mesothelioma lawyer by your side to ensure that you don't overrun the deadline for filing an action.
Once the legal process begins the attorney will work on your behalf to gather and investigate evidence. They will conduct an interview with you and any former landowners, employers, or other people who were involved in your exposure to asbestos. They will also investigate the details of your situation in order to determine how the location, when, and where you were exposed.
The majority of asbestos cases are handled by a contingency-fee system. This means that the attorney will be paid a percentage of the compensation you receive. Your attorney will also be responsible for any costs associated with your case and, if you prevail any settlement or judgment, they will collect their fees from the party that won.
If you and your asbestos lawyer can't agree on a payment for contingency and you want to hire another firm. However, the attorneys of the second firm must agree to a contract for sharing the costs and work.
In most cases, compensation is awarded to mesothelioma patients and their families when a jury comes that they are in their favor. Many asbestos lawsuits are settled out of court. Asbestos lawsuits that are successful are paid between $1 million and $1.4 millions to victims.
Going to Trial
Asbestos lawyers can aid their clients get compensation through either a settlement or successful trial decision. Compensation is contingent on many aspects, including the duration of time and the type of asbestos exposure and severity of the symptoms. Asbestos lawsuit compensation can include damages for physical pain and suffering as well as loss of income and future earnings, medical expenses as well as household expenses such as childcare as well as housekeeping, transportation and childcare.
A lawsuit involving asbestos could also result in compensation for the wrongful death of a person and also money to cover funeral expenses and other expenses associated with the death of loved ones. Families may also be entitled to compensation because of the emotional trauma caused by the passing of or loss of a loved one.
Lawyers with experience in asbestos litigation can help patients with mesothelioma, cancer of the lung and other asbestos-related illnesses seek compensation from asbestos manufacturers. Moreover, mesothelioma lawyers can help with filing claims using trust funds set up by asbestos companies that went bankrupt.
The years between the first exposure to asbestos and the onset of disease can make it difficult to determine which defendants were the ones responsible for an asbestos-related illness. Furthermore, evidence could disappear or be lost over time and asbestos companies can cease to be in business, which complicates the matter even more.
The plaintiff's lawyer for mesothelioma must identify all asbestos-related asbestos companies and asbestos products that are involved in the case prior to filing the lawsuit. A knowledgeable attorney will then conduct an exhaustive investigation of each asbestos product and asbestos manufacturer to ensure that the case is based on all facts.
For decades, mesothelioma lawyers at Belluck & Fox have held negligent asbestos producers accountable for the hardworking workers they exposed to this dangerous substance. They have secured more than $1 billion in compensation for their clients over the years. The firm has won significant verdicts like a $22 million award for an Navy veteran who contracted mesothelioma following the repair of boilers on ships, and an $8 million verdict for an employee of a construction company who died due to asbestos exposure in joint sealing compounds in an Manhattan high rise.