An
asbestos law Attorney Can Help Victims of Asbestos-Related Diseases
An experienced
asbestos attorney can aid victims of asbestos-related illnesses. This includes asbestosis, mesothelioma and lung cancer.
Many firms offer a complimentary case review for mesothelioma patients. This lets you learn about how a firm handles these claims and then decide if they are the right choice for you.
A lawsuit against a company that manufactures asbestos could result in compensation for medical bills, lost wages and other expenses. However, litigation can be costly.
The History of Asbestos Lawsuits
Asbestos can be a risky natural mineral that is utilized for insulation and fire protection. For decades, it was used in various manufacturing, industrial, and commercial settings in New York and across the across the country. Many of these facilities, like power plants, textile mills, and shipyards, exposed workers to substantial amounts of asbestos on a regular basis. Some of these workers developed mesothelioma and other lung diseases directly related to their exposure to asbestos. People who are affected should consult an experienced New York mesothelioma attorney to assist them in obtaining the compensation they deserve.
As the first lawsuits were filed in the late 1960s, researchers confirmed what people had long suspected - that asbestos exposure causes lung damage and diseases. This knowledge sparked a wave claims that caused a multitude of asbestos producers to declare bankruptcy. In the bankruptcy proceedings, these companies set up asbestos trust funds for victims and their families. The amount that was deposited into these trusts is now in the hundreds of millions of dollars.
Congress has tried to pass legislation in order to settle the asbestos litigation. However the bills have not passed due to a variety reasons. They did not address, for example, the treatment options for patients suffering from mesothelioma that have recurrences or have passed away.
Another roadblock has been the asbestos defense industry's attempt to discredit and undermine the scientific consensus that all forms of asbestos even at low levels, can be responsible for creating mesothelioma, lung cancer and other asbestos-related diseases. These campaigns include obtaining funding and publishing articles that are meant to support the asbestos industry's arguments in court.
To accelerate the process,
asbestos attorney individual cases can be consolidated into multidistrict litigation. In 1991, for instance, one judge consolidated 885 asbestos lawsuits against power plants to facilitate the faster resolution of those cases. Defendants can appeal a verdict between 30 and 180 days. This can delay any monetary award. Based on the outcome of the appeal, a defendant could end up being required to post a bond for any award of money.
The process of filing a claim
An asbestos lawyer can aid individuals and families in filing different types of asbestos claims. These claims could be for compensation for funeral expenses, medical costs lost income, loss of consortium, and pain and suffering. They can also sue companies that exposed asbestos workers. 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 that are available. They can answer any questions you may have and provide you with the various legal procedures. They can often travel to your hospital or at home for a consultation and are on a contingency basis which means you won't be responsible for any upfront legal costs.
When a client hires an asbestos lawyer they must ensure the lawsuit is filed within the applicable time frame. Most states require asbestos-related victims to submit a lawsuit within a few years after being diagnosed with mesothelioma or lung cancer. It can be hard to determine if someone has been exposed to asbestos since symptoms typically don't manifest until decades later. An experienced asbestos lawyer can assist clients with understanding their state's specific laws and ensure that the lawsuit is filed in time.
When you file a complaint a mesothelioma attorney will gather evidence to support your claim. This includes company records and interviews conducted with your family members. They can also subpoena older documents from asbestos-related companies that could reveal negligent conduct.
An experienced asbestos attorney can also assist you in filing a wrongful death suit when a loved one passed away from mesothelioma or any other asbestos-related diseases. In a lawsuit involving victims of wrongful deaths, survivors may claim compensation to compensate for funeral expenses, emotional distress and loss of companionship. They can also seek punitive damage against the asbestos company.
A good asbestos attorney can quickly access records from different states and asbestos companies, and can offer you more legal options than any local law firm would provide. The national resources of an
asbestos law company can also give victims a much greater chance of winning significant compensation.
Preparing for trial
Asbestos, which is a highly toxic mineral has been employed in industrial work for many years. Workers exposed to asbestos in the construction, shipbuilding and automotive manufacturing industries among others, frequently suffer from severe illnesses such as mesothelioma (lung cancer) as well as asbestosis or Pleural effusion (inflammation of lungs' lining). If you've been diagnosed with a disease 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 bring a suit for personal injury or wrongful death against the businesses responsible for your exposure. A mesothelioma lawsuit allows you to seek financial compensation for medical expenses, wage loss, pain and suffering, emotional distress and other damages.
The statutes of limitations in each state differ for personal injury and wrongful death lawsuits. You'll need a knowledgeable mesothelioma lawyer who can ensure that you don't exceed the deadline for filing claims.
Your attorney will investigate and collect evidence on your behalf after the legal process has started. They will speak with you as well as any former employers, landowners or other individuals who were involved in your exposure to asbestos. They will also investigate the details of your situation to determine the extent the location, when, and
asbestos attorney where you were exposed.
The majority of asbestos cases are dealt with by a contingency-fee system. This means that the attorney will get a portion of the compensation you receive. Your attorney will take care of the entire cost of your case. If you win you will be paid by the winning party.
If you and your asbestos attorney cannot agree on the amount of a contingency fee then you can choose to work with a different firm. The attorneys from the second law firm will need to sign a contract dividing the work and costs.
Typically, mesothelioma patients and their families receive compensation when they win the verdict of a juror in favor of the plaintiff. Many asbestos lawsuits are settled outside of court. Asbestos claims that are successful will pay between $1 million and $1.4 millions to victims.
Going to Trial
Asbestos lawyers can help their clients get compensation through either a settlement or a successful trial decision. Compensation is contingent on a variety of factors, including the amount of time and type of asbestos exposure and the severity of symptoms. Asbestos lawsuit damages could include damages for suffering and suffering, lost income and future earnings as along with medical expenses and childcare, transportation and housekeeping.
Compensation for claims of wrongful death can be obtained through an asbestos lawsuit which provides money to pay funeral costs as well as other expenses associated with the death of loved ones. Families could also be entitled to compensation as a result of the emotional pain caused by the passing of the loss of a loved one.
Attorneys with experience in asbestos litigation are able to assist victims of mesothelioma lung cancer and other asbestos-related diseases seek compensation from responsible asbestos manufacturers. Mesothelioma lawyers are also able to help claim compensation from trust funds that were set up by asbestos-related companies that went bankrupt.
The time between first exposure to asbestos and the onset of illness can make it difficult to determine which defendants were responsible for an asbestos-related disease. Additionally, evidence can disappear or be lost as time passes and asbestos companies can go out of business, which could complicate the matter even more.
In the event of filing an asbestos lawsuit the plaintiff's mesothelioma lawyer should determine the asbestos producer and asbestos product relevant to the claim. An experienced attorney will conduct a thorough examination of each asbestos manufacturer and product to ensure that all relevant facts are available to the case.
Belluck and Fox's asbestos attorneys have been holding negligent asbestos manufacturers accountable for the hardworking employees they exposed to this dangerous material. Through the years they have managed to secure more than a billion dollars in compensation for their clients. The firm has won a number of notable verdicts, including a $22million award to a Navy veteran diagnosed with mesothelioma while repairing boilers on ships. It also secured an $8million verdict for a construction employee who died after being exposed asbestos in joint sealing compounds at the top of a Manhattan skyscraper.