An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A knowledgeable asbestos lawyer can aid victims of asbestos-related diseases. They include asbestosis, mesothelioma and lung cancer.
Many firms offer a free case review for patients with mesothelioma. This gives you the opportunity to learn about how a particular company handles these claims and determine if they are suitable for you.
A lawsuit against a company that manufactures asbestos could result in compensation for medical expenses, lost wages and other expenses. However, litigation can be costly.
The History of Asbestos Lawsuits
Asbestos, a naturally occurring mineral is utilized as an insulator and fire-resistant material. It was used for decades in New York, as well as in other areas of the United States, in industrial, manufacturing and commercial environments. Workers in a variety of facilities, such as shipyards, power stations and textile mills, were frequently exposed to asbestos. A few of them later developed mesothelioma and other lung diseases that are directly related to their exposure. Those affected should hire an expert New York mesothelioma attorney to help them get the compensation they’re due.
Researchers proved what a lot of people believed to be true, that exposure to asbestos can cause lung damage and cause lung diseases. This information triggered a wave of complaints that prompted a number of asbestos producers to declare bankruptcy. In bankruptcy proceedings these companies set up asbestos trust funds for victims and their families. The money they pay into these trusts now amounts to hundreds of millions of dollars.
Although Congress has tried to pass legislation in order to settle the asbestos litigation process, these bills have failed for various reasons. For instance they did not consider the treatment options for mesothelioma patients who have recurrences disease or have died.
Another obstacle has been the asbestos defense industry’s attempt to discredit and undermine the scientific consensus that asbestos in all forms even at low levels, can be responsible for producing mesothelioma and lung cancer as well as other asbestos-related diseases. These campaigns have included funding and publishing articles in journals of science which are designed to aid the asbestos industry’s legal arguments in trial.
Individual cases can be consolidated into multidistrict litigation to speed up the process. In 1991, for example, one judge consolidated the asbestos lawsuits of 850 power plants to facilitate the faster resolution of these cases. Plaintiffs may appeal a ruling between 30 and 180 days. This can delay any monetary award. Depending on the outcome of the appeal the defendant could be legally required to pay a bond for any money awarded.
Filing a Claim
An asbestos lawyer can help individuals and families in filing various asbestos claims. These claims can be for compensation for funeral expenses, medical expenses, lost income loss of consortium and pain and suffering. They can also sue companies for exposing asbestos workers. They can also assist veterans apply for disability compensation through the Veteran’s Administration.
A lawyer who specializes in asbestos litigation can look over your case for free and determine if you have legal options. They can answer your questions and provide you with the various legal procedures. They will travel to your office, home or hospital for a consultation. They are on a contingent basis so you won’t have to pay upfront legal costs.
If a client employs an asbestos lawyer, he/ will have to ensure that the lawsuit is filed in line with the statute of limitations applicable to. The majority of states require asbestos victims to bring a suit within a couple of years after being diagnosed with mesothelioma or lung cancer. It can be difficult to determine whether a person has been exposed to asbestos because the symptoms don’t usually manifest until years after exposure. An experienced asbestos lawyer can assist clients with understanding the specific laws in their state and ensure that the suit is filed in a timely manner.
When you file a complaint a mesothelioma attorney will gather evidence in support of your claim. This includes records from the company and interviews conducted with your family. They may also request documents from asbestos-related companies in order to prove negligence.
An experienced asbestos case lawyer can help you file a lawsuit for wrongful death if your loved one died of mesothelioma, or any other asbestos-related disease. In a lawsuit for wrongful death, survivors can seek compensation for emotional distress, funeral costs and loss of companionship. They can also pursue punitive damages against the asbestos company.
A reputable asbestos attorney has the ability to quickly access records from different states and asbestos companies, and will offer more legal options than any local law firm would offer. The national resources of an asbestos law company can also give victims a much greater chance of winning substantial compensation.
Preparing for trial
Asbestos, a toxic mineral has been used in industrial jobs for many years. Workers exposed to asbestos in shipbuilding, construction and automobile manufacturing industries, among others, often suffer from severe diseases like mesothelioma (lung cancer), asbestosis or the pleural effusion (inflammation of the lung’s lining). If you’ve been diagnosed as having a disease related to asbestos legal exposure, then you’re entitled compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can help you make a claim for personal injury or wrongful death against the companies responsible for your exposure. A mesothelioma lawsuit permits you to claim financial compensation for medical costs and lost wages or income, pain and discomfort, emotional distress, etc.
The statutes of limitations in each state differ for personal injury and wrongful deaths lawsuits. You require a seasoned mesothelioma lawyer in order to ensure you don’t miss your deadline for filing an action.
Your attorney will investigate and collect evidence on your behalf after the legal process has begun. They will question you and your former landowner, employer, or other individuals who could have been involved in your asbestos exposure. They will also examine the specifics of your case in order to determine how the location, when, and where you were exposed.
Most asbestos cases are handled on a contingency basis. This means that your attorney will receive a percentage of any compensation you receive. Your attorney will also cover any expenses associated with your case, Asbestos attorney and if you win a judgment or settlement and they collect their fees from the winning party.
If you and your asbestos lawyer cannot agree on a contingency payment and you want to hire an alternative firm. The attorneys of the second firm must sign a contract that shares the work and fees.
In the majority of cases, the compensation is given mesothelioma victims and their families when a jury decides in their favor. However many asbestos lawsuits settle out of court. Asbestos lawsuits that win pay between $1 million and $1.4 millions to the victims.
Going to Trial
Asbestos lawyers can help their clients recover compensation via either a settlement or a successful trial decision. Compensation is determined by many factors, such as the duration of exposure to asbestos, as well as the frequency and severity of symptoms. Asbestos lawsuit damages can include damages for pain and suffering, loss of income and future earnings as in addition to medical expenses as well as transportation, childcare, and housekeeping.
Compensation for wrongful death claims can be secured through an asbestos lawsuit, that includes funds to cover funeral costs as well as other expenses associated with the loss of a loved one. Families could also be entitled to compensation as a result of the emotional stress caused by the death an individual they love.
Attorneys with experience in asbestos litigation are able to help patients suffering from mesothelioma lung cancer and other asbestos-related illnesses obtain compensation from responsible asbestos manufacturers. Moreover, Asbestos Attorney mesothelioma lawyers can assist in filing claims with trust funds created by asbestos companies that went into bankruptcy.
The years between the time of exposure to asbestos and the beginning of illness can make it difficult to determine which defendants were responsible for the asbestos-related disease. Evidence can also disappear or be lost over time, and asbestos companies may go out of business. This complicates the case.
When you file an asbestos lawsuit the mesothelioma lawyer for the plaintiff should determine every possible asbestos producer and asbestos product involved in the case. An experienced attorney can conduct a thorough analysis of every asbestos manufacturer and product to ensure that all relevant information is available to the court.
For decades, mesothelioma attorneys at Belluck & Fox have held negligent asbestos producers accountable for the countless people exposed to the dangerous substance. Over the years they have managed to secure more than one billion dollars in compensation for their clients. The firm has achieved notable verdicts, including a $22 million award for a Navy veteran diagnosed with mesothelioma when repairing boilers on ships. They also won an $8 million verdict for a construction worker who died after being exposed to asbestos in joint sealing compounds in the top of a Manhattan skyscraper.