An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can aid victims of asbestos-related diseases. These include asbestosis, mesothelioma and lung cancer.
Many firms provide free mesothelioma patients with case reviews. This allows you to learn about how a firm handles the claims, and determine if they are the right fit for you.
A lawsuit against a business that manufactures asbestos could result in compensation for medical expenses, lost wages, and other costs. Litigation is expensive.
The history of asbestos-related lawsuits
Asbestos is a dangerous, naturally occurring mineral used to create insulation and fire resistance. It was widely used in New York, as well as other parts of the country, in manufacturing, industrial and commercial environments. Workers in many of these facilities, such as shipyards, power stations and textile mills were frequently exposed to asbestos. Some of these workers later developed mesothelioma or other lung diseases directly linked to their exposure. A New York mesothelioma lawyer can help those affected receive the benefits they are entitled to.
As the first lawsuits were filed in the latter half of the 1960s, researchers confirmed what people had suspected - that asbestos exposure causes lung damage and diseases. This discovery sparked a wave claims that caused a multitude of asbestos producers to declare bankruptcy. As part of their bankruptcy proceedings, these companies established 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 that would end the asbestos litigation process these bills have not succeeded due to many reasons. They didn't address, for example, the best way to treat patients suffering from mesothelioma who have recurrences or who are deceased.
The asbestos defense industry has also been a stumbling block in its campaign to discredit the scientific consensus that asbestos, even when it is at a low concentration is a risk factor for mesothelioma or lung cancer. These campaigns include funding and publishing articles which are designed to strengthen the asbestos industry's arguments in court.
Individual cases can be consolidated into multidistrict litigations to speed the process. In 1991, a judge joined over 850 asbestos lawsuits filed against power plants to speed up resolution of these cases. The defendants can appeal a verdict between 30 and 180 days. This could delay any monetary award. Depending on the outcome of the appeal, the defendant may be required to post a bond for any award of money.
Making a Claim
An asbestos lawyer can help individuals and families in filing different types of asbestos claims. These claims could be for compensation to cover medical expenses, funeral costs as well as lost income loss of consortium and suffering and pain. They may also sue companies for exposing asbestos workers. They can also assist veterans to file a claim for disability compensation with the Veteran's Administration.
A lawyer who specializes in asbestos litigation will review your case for free and determine if you have any legal options. They can answer any questions you may have and explain the different legal procedures. They will often visit your hospital or at home to meet with you and work on a contingency basis, so you will not be held accountable for any upfront legal fees.
When a client engages an asbestos attorney, they must make sure that the lawsuit is filed within the applicable deadline. Most states require victims to start a lawsuit for asbestos within a few years of being diagnosed with mesothelioma lung cancer, or another asbestos-related disease. It isn't always easy to determine whether a person has been exposed to asbestos because the symptoms usually do not appear until decades after exposure. An experienced asbestos lawyer can assist clients in understanding the laws specific to their state and ensure that the suit is filed in time.
After filing a complaint, an attorney for mesothelioma will gather evidence to support your claim. This includes records from the company and interviews conducted with your family. They can also subpoena documents from asbestos-related companies to show negligence.
A knowledgeable asbestos lawyer can help you start a lawsuit to claim wrongful death if a loved ones died from mesothelioma, or another asbestos-related disease. In a case for victims of wrongful deaths, survivors may seek compensation to cover funeral expenses, emotional distress, and loss of companionship. They may also demand punitive damages from the asbestos company.
A good asbestos lawyer will have the ability to quickly gain access to records from various states or asbestos companies, and can provide you with more legal options than local law firms. A national asbestos law firm's resources could provide victims with a greater chance of obtaining a substantial amount of compensation.
Prepare for trial
Asbestos is a very toxic mineral, has been used in industrial jobs for decades. Workers who were exposed to asbestos in construction, shipbuilding auto manufacturing, shipbuilding, as well as other industries often suffer from severe illnesses like mesothelioma or lung cancer, asbestosis or the pleural effusion (inflammation of the lung's lining). If you have been diagnosed with a condition that is related to asbestos exposure, then you're entitled compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can assist you make a claim for personal injury or wrongful deaths against the businesses responsible for your exposure. A mesothelioma lawsuit allows you to seek financial compensation for medical expenses, loss of earnings or income, pain and suffering, emotional distress, and other damages.
The statutes of limitations differ by state for both personal injury and wrongful death lawsuits. You need an experienced mesothelioma lawyer to ensure you don't miss the deadline to file a claim.
Your lawyer will investigate and collect evidence on behalf of you once the legal process has started. They will question you and any former employer, landowner, or other parties who may have been involved in your asbestos exposure. They will also study the details of your situation to determine the location, the method and when you might have been exposed.
The majority of asbestos cases are handled by a contingency-fee system. This means that your attorney will be paid a percentage of whatever compensation you receive. Your attorney will cover 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 cannot agree on a contingency payment you may choose to hire a different firm. However, the attorneys of the second firm must sign a contract to share the cost of work and fees.
Typically, mesothelioma patients and their families receive compensation if they get a jury verdict in favor of the plaintiff. However many asbestos lawsuits settle out of court. On average, asbestos lawsuits that reach an outcome that is successful will pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can aid their clients recover compensation via either a settlement or a successful trial verdict. Compensation is contingent upon a variety of aspects, including the duration of time and the type of asbestos exposure, as well as the severity of the symptoms. Asbestos lawsuit damages could include damages for pain and suffering, lost income and future earnings, as also medical expenses including childcare, transportation and housekeeping.
A lawsuit against asbestos could also result in compensation for the wrongful death of a person that include money to pay funeral expenses as well as other expenses relating to the loss of loved ones. In addition, family members may be entitled to compensation for the emotional pain and sadness caused by the loss of a loved one.
Attorneys with expertise in asbestos litigation can assist victims of mesothelioma lung cancer, and other asbestos-related illnesses to seek compensation from responsible asbestos producers. In addition, mesothelioma lawyers could help with filing claims using trust funds established by asbestos companies that have gone into bankruptcy.
The time between the first exposure to asbestos and the onset of illness can make it difficult to determine who were responsible for an asbestos-related disease. Additionally, evidence can disappear or be destroyed over time and asbestos firms can go out of business, thereby complicating the matter even more.
When making an asbestos lawsuit, the mesothelioma attorney representing the plaintiff must determine the asbestos producer and asbestos product involved in the claim. A knowledgeable attorney will then conduct an exhaustive investigation of every asbestos product and asbestos manufacturer to ensure the case contains all the facts.
For decades, mesothelioma attorneys at Belluck & Fox have held negligent asbestos manufacturers accountable for the countless people exposed to this deadly substance. Over appleton asbestos attorney have been able to secure more than a billion dollars in compensation for their clients. The firm has obtained notable verdicts, including a $22 million award for a Navy veteran diagnosed with mesothelioma while repairing boilers on ships, and an $8million verdict for a construction employee who passed away after being exposed to asbestos in joint sealing compounds in a Manhattan skyscraper.