An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A skilled asbestos lawyer can help victims of asbestos-related diseases. These include mesothelioma, asbestosis and lung cancer.
Many companies offer a free case review for mesothelioma patients. This will let you examine how a company handles these claims and determine if they are the right fit for your.
A lawsuit against an asbestos-related company could result in reimbursement for medical expenses or lost wages, among other costs. However, litigation can be costly.
The History of Asbestos Lawsuits
Asbestos is a hazardous naturally occurring mineral that is used for insulation and fire protection. It was used for decades in New York, as well as other areas of the United States, in manufacturing, industrial and commercial environments. Many of these facilities, like textile mills, power plants and shipyards, exposed workers substantial amounts of asbestos regularly. Some of the workers were diagnosed with mesothelioma and other lung diseases directly linked to their asbestos exposure. Those affected should hire an expert New York mesothelioma attorney to help them receive the compensation they deserve.
As the first lawsuits were filed in the latter half of 1960, scientists confirmed what they had long suspected - that asbestos exposure causes lung damage and diseases. This revelation triggered a flurry of complaints that prompted a number of asbestos producers to declare bankruptcy. In bankruptcy proceedings the companies set up asbestos trust funds for victims and their families. The money that is paid into these trusts now amounts to hundreds of millions of dollars.
Although Congress has attempted to pass legislation to end the asbestos litigation process these bills have not succeeded due to various reasons. They did not address for instance, the best way to treat patients suffering from mesothelioma who are recurrent or who have died.
Another issue has been the asbestos defense industry's campaign 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 diseases. These campaigns have included funding and publishing articles in journals of science that aim to support the asbestos industry's legal arguments during trial.
Individual cases may be consolidated into multidistrict litigation to expedite the process. In 1991, a judge combined 850 asbestos lawsuits against power plants to speed the resolution of these cases. Defendants are allowed to appeal a verdict within 30 to 180 days, which could delay the receipt of any monetary award until the appeal is completed. Depending on the outcome of the appeal, the defendant could end up being required to sign a bond for any monetary award received.
Filing a Claim
An asbestos lawyer can aid families and individuals in filing various types of asbestos claims. These claims may be for compensation for funeral expenses, medical expenses, lost income, loss of consortium, and suffering and pain. They may also sue companies that exposed asbestos workers. They can also assist veterans make a claim to the Veteran's Administration for disability compensation.
A lawyer with expertise in asbestos litigation can look over your case free of charge to determine if you have legal options. They can answer any questions you may have and explain the different legal procedures. They can travel to your workplace, hospital or home for a consult. They operate on a contingency basis, which means that you won't have to pay any upfront legal fees.
When a client hires an asbestos attorney, they must make sure that the lawsuit is filed within the correct time frame. Most states require victims to start a lawsuit for asbestos within a couple of years of being diagnosed with mesothelioma lung cancer, or any other asbestos-related illness. It isn't easy to know the date a person was exposed to asbestos because the symptoms usually do not show up for decades after exposure. An asbestos lawyer can help clients navigate the laws of their respective states and ensure that the lawsuits are filed at the right time.
After filing the complaint mesothelioma lawyers will collect evidence to support your claim, including company records as well as interviews with family members. They can also request old documents from the asbestos-related companies that could reveal negligence.
An experienced asbestos attorney will also assist you in filing the wrongful-death suit if a loved one has died from mesothelioma, or other asbestos-related diseases. In a lawsuit for the wrongful death of a loved one, survivors can seek compensation to help with emotional pain, funeral expenses as well as loss companionship. They may also pursue punitive damages against the asbestos company.
A reputable asbestos attorney has the resources to quickly access records from various states and asbestos companies, and will offer you more legal options than the local law firm can provide. A national asbestos law firm's resources will provide victims with a greater chances of winning a substantial settlement.
Prepare for the trial
Asbestos is a very toxic mineral has been employed in industrial work for a long time. Workers exposed to asbestos in the shipbuilding, construction and automotive manufacturing industries among others, frequently suffer from serious diseases such as mesothelioma (lung cancer), asbestosis or Pleural effusion (inflammation of the lining of the lungs). If you have been diagnosed with a disease caused by asbestos exposure, you should be compensated. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can assist you bring a suit for personal injury or wrongful death against the companies that are accountable for your exposure. A mesothelioma case allows you to pursue financial compensation for medical expenses, loss of earnings as well as pain and suffering, emotional distress, and other damages.
The statutes of limitations differ in each state for personal injury and wrongful death lawsuits. It is important to have a mesothelioma attorney on your side to ensure you don't overrun the deadline for filing a claim.
Once the legal process has begun your lawyer will begin working on your behalf to gather and investigate evidence. They will interview you and any former employers, landowners, or other parties who were involved in your exposure to asbestos. They will also study the details of your case to determine where, how, and when you may have been 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 pay for the entire cost of your case. If you win the case, they will be compensated by the winning party.
If you and your asbestos lawyer are unable to reach an agreement on a contingency fee, you can hire a different firm. The attorneys of the second firm must sign a contract stating that they will share the costs and work.
Typically, mesothelioma patients and their families receive compensation if they get an appeals court verdict in favor of the plaintiff. Many asbestos lawsuits are settled outside of court. Asbestos lawsuits that win settle between $1 million to $1.4 millions to the victims.
Going to Trial
Asbestos lawyers can aid their clients obtain compensation through either a settlement or successful trial verdict. Compensation is based on many factors, such as the duration of exposure to asbestos as well as the frequency and severity of symptoms. Asbestos lawsuit compensation can include damages for physical pain and suffering loss of income, future earnings, medical expenses, and household expenses such as childcare as well as housekeeping, transportation and childcare.
Compensation for claims of wrongful death can be obtained through an asbestos lawsuit, which will pay for funeral expenses and other costs associated with the loss of loved ones. Families could also be entitled to compensation due to the emotional pain caused by the death the loss of a loved one.
Lawyers with experience in asbestos litigation can help victims of mesothelioma, lung cancer and other asbestos-related illnesses seek compensation from asbestos producers. Additionally, mesothelioma lawyers are able to provide assistance in filing claims with trust funds set up by asbestos companies that went bankrupt.
The time interval between the time of exposure to asbestos and the onset of illness can make it difficult to determine which defendants were responsible for the asbestos-related illness. Furthermore, evidence could disappear or be destroyed as time passes and asbestos companies may cease to be in business, which could complicate the case further.
When filing brooklyn park asbestos attorney , the mesothelioma attorney representing the plaintiff must determine every possible asbestos producer and asbestos product relevant to the claim. A knowledgeable attorney will then conduct an extensive investigation of each asbestos product and asbestos manufacturer to ensure that the case is based on all facts.
Belluck and Fox's asbestos attorneys have been holding negligent asbestos manufacturers accountable for the hardworking employees exposed to the hazardous material. This has enabled them to secure more than $1 billion in compensation for their clients over the years. The firm has secured notable verdicts like a $22 million settlement for an Navy veteran who contracted mesothelioma following the repair of boilers on ships. There was also an $8 million verdict for a construction worker who died from asbestos exposure joint-sealing materials at the top of a Manhattan high-rise.