An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A knowledgeable asbestos lawyer can assist those suffering of asbestos-related diseases. These include asbestosis, mesothelioma and lung cancer.
Many firms offer a complimentary case review for mesothelioma patients. This allows you to find out about the process a company uses to handle these claims and determine if they are right for you.
A lawsuit against an asbestos-related company could result in reimbursement for medical expenses, lost wages and other expenses. Legal proceedings can be costly.
The History of Asbestos Lawsuits
Asbestos is a mineral that occurs naturally is utilized as an insulator and a fire-resistant material. For a long time it was employed in various manufacturing commercial, industrial, and settings in New York and across the country. Many of these facilities, including power plants, textile mills and shipyards, exposed workers to significant amounts of asbestos regularly. Some of those workers developed mesothelioma or other lung diseases directly related to their asbestos exposure. People who are affected should consult an skilled New York mesothelioma attorney to assist them in obtaining the compensation they deserve.
When the first lawsuits were filed in the late 1960s, researchers confirmed what they had long believed to be true - that exposure to asbestos causes lung damage and diseases. This information triggered a wave of claims that led to dozens of asbestos producers to declare bankruptcy. As part of their bankruptcy procedures, these companies set up asbestos trust funds to compensate victims and their families. The amount that was paid to these trusts is currently in the hundreds of millions of dollars.
While Congress has attempted to pass legislation in order to settle the asbestos litigation process, these bills have failed for various reasons. They did not address the issue of how to treat patients with mesothelioma who are recurrent or who have died.
The asbestos defense industry has also been a roadblock in its effort to discredit the scientific consensus that asbestos even in low amounts, can cause mesothelioma and lung cancer. These campaigns have included funding and publishing papers in scientific journals that are intended to help the asbestos industry's legal arguments at trial.
Individual cases can be consolidated into multidistrict litigation to speed up the process. In 1991, a judge consolidated 885 asbestos lawsuits against power plants to speed up the resolution of these cases. The defendants can appeal a decision within 30 to 180 days, which can delay the payment of any monetary award until after the appeal has been decided. A defendant could be required to provide a an amount of bond for any awards received, depending on the outcome of an appeal.
How to File a Claim
An asbestos lawyer can help families and individuals file different types of asbestos claims. These claims may be for reimbursement for funeral expenses, medical costs, lost income, loss of consortium or consortium, pain and suffering and other damages. They can 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 who specializes in asbestos litigation can review your case for free and determine if you have any legal options. They can explain the different legal procedures and answer any questions you have. They will travel to your office, home or hospital for a consultation. They are paid on a recurring basis, which means that you won't have to pay any upfront legal costs.
If a client hires an asbestos attorney they must ensure that the lawsuit is filed within the correct statute of limitations. The majority of states require victims to make an asbestos lawsuit within a couple of years of being diagnosed with mesothelioma, lung cancer, or an asbestos-related disease. 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 to navigate their state's specific laws and ensure that the lawsuit is filed in time.
After filing the complaint, mesothelioma lawyers gather evidence to support your claim, including company records and interviews with your family members. They can also subpoena documents from asbestos companies to demonstrate negligence.
A skilled asbestos lawyer can help you start a lawsuit to claim wrongful death if a loved one died of mesothelioma, or any other asbestos-related disease. In a lawsuit involving victims of wrongful deaths, survivors may seek compensation for emotional pain, funeral expenses as well as loss of companionship. They may also seek punitive damage against asbestos companies.
An experienced asbestos attorney has the resources to quickly access information from various states and asbestos companies, and will offer you more legal options than a local law firm could provide. The resources offered by an asbestos law firm can provide victims with a better chance of obtaining substantial compensation.
Prepare for the trial
Asbestos, which is a highly toxic mineral is employed in industrial settings for decades. Workers exposed to asbestos in the construction, shipbuilding and automobile manufacturing industries among others, frequently suffer from severe diseases like mesothelioma (lung cancer) or asbestosis or the pleural effusion (inflammation of the lining of the lungs). If you've been diagnosed as suffering from a disease that is linked to asbestos exposure you deserve 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 companies that are accountable for your exposure. A mesothelioma case permits you to claim financial compensation for medical costs and lost wages, pain and discomfort, emotional distress, etc.
State statutes of limitation vary for personal injury and wrongful deaths lawsuits. It's important to have a mesothelioma attorney by your side to ensure that you don't miss the deadline to file an claim.
When the legal process starts your lawyer will work on your behalf to look into and gather evidence. They will interview both you and your former landowner, employer or other parties who may have been involved in your asbestos exposure. They will also review the specifics of your case to determine if you were exposed, where, and when you were exposed.
Most asbestos cases are handled using a contingency-fee basis. This means that your attorney will receive a percentage of any compensation you receive. Your attorney will also take care of any costs associated with your case and, if you prevail either a settlement or a judgment and they collect their fees from the winning party.
If you and your asbestos lawyer are unable to reach an agreement on a contingency fee then you can choose to work with another firm. The attorneys of the second firm must sign a contract to share the work and fees.
In the majority of cases, the compensation is given to mesothelioma patients as well as their families when a jury finds that they are in their favor. Many asbestos lawsuits are settled out of court. Asbestos claims that are successful will pay between $1 million and $1.4 millions to the victims.
Going to Trial
Asbestos lawyers are able to help their clients obtain compensation through either a settlement or successful trial verdict. Compensation is based on a number of factors, such as the length of exposure to asbestos as well as the frequency and severity of symptoms. santa ana asbestos lawsuit can include damages for pain and suffering, loss of income and future earnings as in addition to medical expenses, childcare, transportation, and housekeeping.
Compensation for wrongful death claims can be secured through an asbestos lawsuit, which includes money to cover funeral costs and other expenses associated with the loss of a loved one. In addition, family members may be entitled to compensation for the emotional trauma and grief caused by the death of loved ones.
Lawyers with experience in asbestos litigation can assist patients suffering from mesothelioma, lung cancer and other asbestos-related diseases seek compensation from asbestos producers. Mesothelioma attorneys can also help to file claims using trust funds that were set up by asbestos companies that went bankrupt.
The years between exposure to asbestos and the beginning of disease can make it difficult to determine which defendants were responsible for an asbestos-related disease. Evidence may also vanish or be lost over time, and asbestos businesses could be forced out of business. This can make the case more difficult.
When you file an asbestos lawsuit the mesothelioma lawyer for the plaintiff should identify every potential asbestos-related asbestos product and asbestos manufacturer involved in the case. A knowledgeable attorney can then conduct a thorough investigation into every asbestos manufacturer and product to ensure that all the relevant information is provided to the plaintiff in the case.
Belluck and Fox's asbestos lawyers have been holding negligent asbestos manufacturers accountable for the hardworking workers who were exposed to this hazardous material. They have secured more than $1 billion in compensation for their clients over the years. The firm has achieved notable verdicts, including a $22 million award for a Navy veteran diagnosed with mesothelioma when repairing boilers on ships, as well as an $8million verdict for a construction worker who passed away after being exposed to asbestos in joint sealing compounds in the top of a Manhattan skyscraper.