An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos attorney can assist victims of asbestos-related illnesses. These include mesothelioma and asbestosis as well as lung cancer.
Many firms offer free case reviews for mesothelioma sufferers. This gives you the opportunity to learn about how a firm handles these claims and then decide if they are right for you.
A lawsuit against a business that produces asbestos could result in compensation of medical bills, lost wages and other costs. However, litigation is expensive.
The history of asbestos law suits
Asbestos is a hazard naturally occurring mineral that is used for insulation and fire protection. For a long time it was utilized in various manufacturing, industrial, and commercial settings in New York and across the country. Workers working in many of these facilities, such as power plants, shipyards and textile mills, were often exposed to asbestos. Some of the workers were diagnosed with mesothelioma and other lung diseases directly linked to their exposure to asbestos. 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 long suspected - that asbestos exposure causes lung damage and disease. This knowledge spurred a wave of claims that led to dozens of asbestos manufacturers to file for bankruptcy. As part of their bankruptcy proceedings, these companies established asbestos trust funds to pay the victims and their families. The amount of money that was deposited into these trusts is now in the hundreds of millions of dollars.
While Congress has attempted to pass legislation in order to settle the asbestos litigation process the bills have stalled due to numerous reasons. For example they did not discuss the treatment of mesothelioma sufferers who have recurrences of their disease or who have passed away.
Another roadblock has been the asbestos defense industry's effort to defame and undermine the scientific consensus that all forms of asbestos even at low levels, are capable of creating mesothelioma, lung cancer as well as other asbestos-related diseases. These campaigns include funding and publishing articles which are designed to strengthen the asbestos industry's arguments in court.
Individual cases can be combined into multidistrict litigations to speed the process. In 1991, a judge combined over 850 asbestos lawsuits filed against power plants to speed the resolution of these cases. The defendants are able to appeal a decision between 30 and 180 days. This can delay any financial award. A defendant may be required to provide a bond for any money award, contingent on the outcome of an appeal.
How to File a Claim
An asbestos lawyer can assist families and individuals file different types of asbestos claims. These claims may be for reimbursement for funeral expenses, medical expenses loss of income, loss of consortium as well as pain and suffering and other damages. They may also seek restitution from businesses who exposed their workers to asbestos. They can also assist veterans to file a claim with the Veteran's Administration for disability compensation.
A lawyer that specializes in asbestos litigation can look over your case for free and determine if you are eligible for legal options. They will explain the various legal procedures and answer any questions you might have. They will often visit your home or hospital for a consultation. They are on a contingency basis which means that you won't be responsible for any upfront legal costs.
When a client hires a asbestos attorney, he or will need to ensure that the lawsuit is filed in line to the statute of limitations in force. Many states require asbestos sufferers to start a lawsuit within a few years after being diagnosed with mesothelioma or lung cancer. It isn't easy to know whether a person has been exposed to asbestos since the symptoms typically do not manifest until years after exposure. An experienced asbestos attorney can assist clients with understanding the specific laws of their state and ensure that the lawsuit is filed in a timely manner.
After filing the complaint, mesothelioma lawyers gather evidence to support your claim. This includes company records and interviews with your family members. They may also request documents from asbestos-related companies to prove negligence.
An experienced asbestos attorney will also assist you in filing the wrongful-death suit in the event that a loved one has passed away from mesothelioma or any other asbestos-related illnesses. In a lawsuit involving the wrongful death of a loved one, survivors can seek compensation to help with funeral expenses, emotional distress and loss of companionship. They may also demand punitive damages from the asbestos-related company.
An experienced asbestos lawyer has the capacity to quickly gain access to documents from different states and asbestos companies. They can provide you with more legal options than local law firms. The national resources of an asbestos law firm could also give victims a much better chance of obtaining substantial compensation.
Preparing for the Trial
Asbestos, which is a highly toxic mineral is employed in industrial settings 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) as well as asbestosis or Pleural effusion (inflammation of the lung's lining). If you have been diagnosed with an illness caused by asbestos exposure, you are entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can help you bring a suit for personal injury or wrongful deaths against the companies responsible for your exposure. A mesothelioma case allows you to seek financial compensation for medical expenses, loss of wages, pain and suffering, emotional distress and other damages.
The statutes of limitation vary in each state for personal injury and wrongful death lawsuits. It's important to have a mesothelioma attorney by your side to ensure that you don't overrun the deadline for filing a claim.
When the legal process starts, your attorney will work on your behalf to gather and investigate evidence. They will conduct interviews with you and any former landowner, employer, or other persons who may have been involved in your asbestos exposure. They will also examine the details of your case to determine the extent the location, when, and where you were exposed.
The majority of asbestos cases are dealt with by a contingency fee 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 all costs associated with your case If you win either a settlement or a judgment they will receive their fees from the winning party.
If you and your asbestos lawyer can't agree on a contingency payment then you can choose to work with a different firm. The attorneys of the second firm must agree to a contract for sharing the costs and work.
In most instances, compensation is paid to mesothelioma patients as well as their families when a jury decides that they are in their favor. However many asbestos lawsuits are settled out of court. On average asbestos lawsuits that get a successful outcome pay out between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can aid their clients obtain compensation through either a settlement or a successful trial decision. Compensation is contingent upon a variety of factors, including the length of time and the type of asbestos exposure and degree of symptoms. Asbestos lawsuit damages may include damages for pain and suffering, loss of income and future earnings, as also medical expenses as well as transportation, childcare, and housekeeping.
Compensation for claims of wrongful death can also be obtained through an asbestos lawsuit, that includes funds to cover funeral costs and other expenses associated with the death of loved ones. Families may also be entitled to compensation because of the emotional pain caused by the death or loss of a loved one.
Attorneys with asbestos litigation experience can assist patients suffering from mesothelioma, lung cancer, and other asbestos-related diseases seek compensation from asbestos manufacturers. Additionally, brownsville asbestos lawyer are able to help with filing claims using trust funds created by asbestos companies that have gone bankrupt.
It is sometimes difficult to determine who is accountable for an asbestos-related illness due to the long period between the first exposure and the an onset of symptoms. Additionally, evidence can disappear or be lost as time passes and asbestos firms can go out of business, which complicates the matter even more.
The attorney representing the plaintiff for mesothelioma must determine all possible asbestos manufacturers and asbestos products involved in the claim prior to filing the lawsuit. An experienced attorney can conduct a thorough investigation of each asbestos-related manufacturer and product to ensure that all the relevant information is available to the case.
For decades, mesothelioma attorneys at Belluck & Fox have held negligent asbestos manufacturers accountable for the hardworking people exposed to this deadly substance. This has helped them secure more than $1 billion in compensation for their clients over the years. The firm has won a number of notable verdicts, such as a $22 million award for a Navy veteran who contracted mesothelioma after repairing boilers on ships. There was also an $8 million verdict for an employee of a construction company who died from asbestos exposure in joint sealing compounds in a Manhattan high-rise.