An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can assist victims of asbestos-related illnesses. This includes asbestosis and mesothelioma and lung cancer.
Many firms offer free mesothelioma patients with case reviews. This will let you see how a firm deals with these claims and determine if they're the right fit for you.
A lawsuit against an asbestos company can result in settlement for medical bills, lost wages and other expenses. However, litigation can be costly.
The History of Asbestos Lawsuits
Asbestos can be a risky, naturally occurring mineral used for fireproofing and insulation. It was widely used in New York, as well as other parts of the country, in manufacturing, industrial and commercial environments. Many of these facilities, like power plants, textile mills and shipyards, exposed workers large amounts of asbestos on a regular basis. Some of them later developed mesothelioma or other lung diseases that are directly linked to their exposure. People who are affected should consult an skilled New York mesothelioma attorney to help them get the compensation they are due.
When the first lawsuits were filed in the late 1960s, scientists confirmed what they had long believed to be true - that exposure to asbestos causes lung damage and disease. This discovery sparked a wave complaints that prompted a number of asbestos producers to declare bankruptcy. In bankruptcy proceedings asbestos manufacturers set up trust funds for the families of victims. The money that is paid into these trusts has now amounted to hundreds of millions of dollars.
While Congress has tried to pass legislation to resolve the asbestos litigation process these bills have failed for many reasons. They did not address the issue of the best way to treat patients suffering from mesothelioma who have recurrences or who have died.
Another roadblock has been the asbestos defense industry's attempt to defame and undermine the scientific consensus that asbestos in all forms, even at low levels, are capable of inducing mesothelioma or lung cancer as well as other asbestos-related diseases. These campaigns have included financing and publishing articles in scientific journals which are designed to aid the asbestos industry's legal arguments in trial.
To speed up the process it is possible to have individual cases combined into multidistrict litigation. In 1991, a judge condensed over 850 asbestos lawsuits filed against power plants to speed the resolution of these cases. Defendants can appeal a verdict between 30 and 180 days. This could delay any financial award. A defendant could be required to make a bond for any monetary awards, based on the outcome of an appeal.
How to File a Claim
An asbestos lawyer can help families and individuals to file various types of asbestos claims. These claims can include reimbursement for medical expenses, funeral fees loss of income, loss in consortium or consortium, pain and suffering and other damages. They may also sue companies that exposed asbestos workers. They may also aid veterans to file a claim with the Veteran's Administration for disability compensation.
A lawyer that specializes in asbestos litigation will review your case for free and determine if you have any legal options. They can answer your questions and explain the various legal procedures. They may visit your hospital or at home to meet with you and operate on a contingency fee which means you won't be responsible for any upfront legal costs.
If a client employs an asbestos lawyer, they must make sure the lawsuit is filed within the applicable time frame. Most states require victims to file an asbestos lawsuit within a few years of being diagnosed with mesothelioma lung cancer or another asbestos-related illness. It isn't easy to know when a person was exposed to asbestos, as the symptoms don't usually show up for decades after exposure. A lawyer for asbestos can help clients navigate the laws of their state and ensure that the lawsuits are filed in time.
After filing reno asbestos lawsuit will gather evidence to back your claim, such as company records and interviews with your family members. They can also request old documents from the asbestos-related companies that could reveal negligent conduct.
An experienced asbestos attorney can also assist you in filing an action for wrongful death in the event that a loved one has passed away from mesothelioma or any other asbestos-related diseases. In a case for wrongful death, survivors can seek compensation for funeral costs, emotional distress as well as loss companionship. They may also seek punitive damages against the asbestos company.
An experienced asbestos lawyer has the resources to quickly access documents from various states or asbestos firms and can provide you with more legal options than local law firms. The resources offered by an asbestos law firm could provide victims with a better chance at winning significant compensation.
Preparing for trial
Asbestos is a poisonous mineral that was used for decades in industrial settings. Workers exposed to asbestos in the shipbuilding, construction and automobile manufacturing industries, among others, frequently suffer from serious diseases such as mesothelioma (lung cancer) asbestosis, pleural effusion (inflammation of the lining of your lungs). If you've been diagnosed with an illness 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 to file a personal injury or wrongful death suit against the companies who are accountable for your exposure. A mesothelioma suit allows you to pursue financial compensation for medical expenses, loss of wages as well as pain and suffering, emotional distress and other damages.
The statutes of limitations vary by state for both personal injury and wrongful death lawsuits. It is crucial to have an experienced mesothelioma lawyer on your side to ensure you don't be late in filing an action.
Once the legal process has begun your lawyer will begin working on your behalf to look into and gather evidence. They will interview both you and your former employer, landowner, or other party who could have been involved in your asbestos exposure. They will also investigate the details of your case to determine the extent, where, and when you were exposed.
Most asbestos cases are handled on a contingency fee basis which means that the attorney will receive an amount of the compensation you receive for your representation. Your attorney will pay for all costs associated with your case. If you win, they will be paid by the winning party.
If you and your asbestos lawyer are unable to agree on a payment for contingency, you can hire an alternative firm. However, the attorneys of the second firm must sign a contract stating that they will share the cost of work and expenses.
In the majority of cases, the compensation is given to mesothelioma patients as well as their families when a jury decides that they are in their favor. However, many asbestos lawsuits settle out of court. On average, asbestos lawsuits that reach an agreement that is successful pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos attorneys can assist their clients receive compensation for their injuries by settling or winning a trial. Compensation is based on a number of factors, including the length of exposure to asbestos and the severity and frequency of symptoms. Asbestos lawsuits may award damages for physical pain and suffering, loss of income and future earnings, medical expenses as well as household expenses, such as childcare transportation, housekeeping and childcare.
A lawsuit against asbestos could also result in compensation for the wrongful death of a person that include money to pay funeral costs and other expenses related to the death of loved ones. Families could also be entitled to compensation because of the emotional pain caused by the passing of or loss of a loved one.
Lawyers who have expertise in asbestos litigation can help patients suffering from mesothelioma lung cancer, and other asbestos-related illnesses seek compensation from responsible asbestos producers. Mesothelioma lawyers are also able to help make claims using trust funds created by asbestos companies who have gone bankrupt.
The time interval between 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. In addition, evidence may disappear or be destroyed in time, and asbestos companies can cease to be in business, thereby complicating the case further.
In the event of making an asbestos lawsuit, the mesothelioma lawyer representing the plaintiff must be aware of every possible asbestos manufacturer and asbestos product that could be involved in 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.
Belluck and Fox's asbestos lawyers have been holding negligent asbestos producers accountable for the hardworking employees exposed to the dangerous material. This has allowed them to secure more than $1 billion in compensation for their clients over the years. The firm has secured notable verdicts, including a $22 million award to a Navy veteran diagnosed with mesothelioma during the repair of boilers on ships. It also secured an $8million verdict for a construction worker who passed away after being exposed to asbestos in joint sealing compounds in a Manhattan skyscraper.