An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can aid those suffering from asbestos-related diseases. They include asbestosis, mesothelioma and lung cancer.
Many firms offer a complimentary case review for patients with mesothelioma. This allows you to learn about the way a company handles the claims, and determine if they are the right choice for you.
A lawsuit against a company that manufactures asbestos could result in compensation of medical expenses, lost wages and other costs. Legal proceedings can be costly.
The History of Asbestos Lawsuits
Asbestos is a hazardous naturally occurring mineral used for insulation and fire resistance. It was utilized for a long time in New York, as well as other areas of the United States, in industrial, manufacturing and commercial settings. Workers in many of these places, like power plants, shipyards and textile mills, were regularly exposed to asbestos. Some of the workers were diagnosed with mesothelioma and other lung diseases that were directly related to their exposure to asbestos. People who are affected should consult an experienced New York mesothelioma attorney to ensure they receive the compensation they deserve.
When the first lawsuits were filed in the late 1960s, researchers confirmed what people had long believed to be true - that exposure to asbestos causes lung damage and diseases. This revelation triggered a flurry of complaints that prompted a number of asbestos producers to declare bankruptcy. As part of their bankruptcy procedures, these companies set up asbestos trust funds to pay the victims and their families. The money deposited into these trusts amounts to hundreds of millions of dollars.
Congress has tried to pass legislation in order to resolve the asbestos litigation. However these bills have been unable to pass due to a variety of reasons. They did not address for instance, the treatment options for patients suffering from mesothelioma who have recurrences or who have died.
Another obstacle has been the asbestos defense industry's efforts to defame and undermine the scientific consensus that all forms of asbestos even at low levels, are capable of producing mesothelioma and lung cancer, and other asbestos-related illnesses. These campaigns include funding and publishing articles designed to back the asbestos industry's arguments in court.
Individual cases can be consolidated into multidistrict litigations to speed the process. In 1991, a judge condensed 850 asbestos lawsuits against power plants to speed up resolution of these cases. The defendants are able to appeal a decision within 30 to 180 days, which will delay the receipt of any money award until after the appeal has been decided. A defendant could be required to make a an amount of bond for any award, contingent on the outcome of the appeal.
How to File a Claim
An asbestos lawyer can assist individuals and families file various kinds of asbestos claims. These claims could be for reimbursement for medical expenses, funeral fees loss of income, loss in consortium or consortium, pain and suffering and other damages. They can also sue companies for exposing asbestos workers. They can also assist veterans to file a claim for disability compensation through the Veteran's Administration.
A lawyer that specializes in asbestos litigation will review your case for free and determine if you have any legal options. They can provide you with information on the various legal procedures and address any questions you have. torrance asbestos attorney are often able to travel to your hospital or at home to consult and work on a contingency basis and therefore you won't be liable for any upfront legal fees.
If a client employs an asbestos attorney they must ensure the lawsuit is filed within the correct deadline. Most states require victims to submit a lawsuit against asbestos within a few years after being diagnosed with mesothelioma lung cancer, or another asbestos-related disease. It can be difficult to determine if someone has been exposed to asbestos because the symptoms usually don't show until years later. An experienced asbestos lawyer can help clients navigate their state's specific laws and ensure that the lawsuit is filed in a timely manner.
After filing the complaint, mesothelioma lawyers will collect evidence to support your claim, including company records and interviews with family members. They can also subpoena records from asbestos companies to show negligence.
An experienced asbestos lawyer can assist you to make a claim for wrongful death if a loved ones died from mesothelioma or a different asbestos-related disease. In a lawsuit for victims of wrongful deaths, survivors may seek compensation for funeral expenses, emotional distress and loss companionship. They may also seek punitive damages against an asbestos company.
A good asbestos lawyer will have the ability to quickly access records from different states or asbestos companies and can provide you with more legal options than local law firms. The resources offered by an asbestos law firm could also give victims a much greater chance of winning significant compensation.
Prepare for trial
Asbestos is a noxious mineral that was used for decades in industrial work. Workers who were exposed to asbestos in construction, shipbuilding automotive manufacturing, shipbuilding, and other industries typically suffer from severe illnesses like mesothelioma, lung cancer asbestosis, or the pleural effusion (inflammation of the lining of the lungs). If you've been diagnosed with an illness related to asbestos exposure, you are entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can help you file a personal injury or wrongful death lawsuit against companies who are accountable for your exposure. A mesothelioma suit allows you to seek financial compensation for medical expenses, lost wages as well as pain and suffering, emotional distress and other damages.
State statutes of limitations vary for personal injury and wrongful death lawsuits. It is essential to hire a mesothelioma lawyer to make sure that you do not miss the deadline for filing a claim.
Your lawyer will investigate and collect evidence on your behalf once the legal process has started. They will speak with you as well as any former employers, landowners or any other persons who were involved in your exposure to asbestos. They will also research the specifics of your case to determine the location, the method and when you might have been exposed.
The majority of asbestos cases are handled on a contingency basis. This means that the attorney will be paid a percentage of whatever compensation you receive. Your attorney will also cover any expenses associated with your case If you win either a settlement or a judgment the attorney will be able to collect their fees from the party that won.
If you and your asbestos lawyer are unable to reach an agreement on a contingency fee and you want to hire another firm. However, the attorneys of the second firm must sign a contract that shares the cost of work and expenses.
Typically, mesothelioma patients and their families are awarded compensation by winning a jury verdict in favor of the plaintiff. Many asbestos lawsuits are settled out of court. On average asbestos lawsuits that have an agreement that is successful pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos attorneys can help their clients receive compensation for their injuries by settlement or winning a trial. Compensation depends on several factors, including the amount of time and the type of asbestos exposure and the severity of the symptoms. Asbestos lawsuit compensation can include damages for physical pain and suffering as well as loss of income and future earnings, medical expenses, and household expenses such as childcare transportation, housekeeping and childcare.
Compensation for claims of wrongful death can be obtained through an asbestos lawsuit, which provides money to pay funeral costs and other expenses associated with the death of a loved one. Families may also be entitled to compensation as a result of the emotional pain caused by the loss of the loss of a loved one.
Lawyers with experience in asbestos litigation can assist victims of mesothelioma, lung cancer and other asbestos-related diseases seek compensation from asbestos manufacturers. In addition, mesothelioma lawyers could provide assistance in filing claims with trust funds created by asbestos companies that went bankrupt.
The time interval between first exposure to asbestos and the beginning of disease can make it difficult to determine who are responsible for an asbestos-related illness. Evidence can also disappear or be lost with time, and asbestos companies could cease to be in business. This can make the case more difficult.
When filing an asbestos lawsuit, the plaintiff's mesothelioma lawyer should determine the asbestos producer and asbestos product relevant to the claim. A knowledgeable attorney will then conduct an exhaustive investigation of every asbestos product and asbestos manufacturer to ensure that the case contains all the facts.
For decades, mesothelioma attorneys at Belluck & Fox have held negligent asbestos manufacturers accountable for the hardworking workers who were exposed to this harmful substance. They have secured more than $1 billion in compensation for their clients over the years. The firm has won a number of notable verdicts, including a $22 million award for an Navy veteran who contracted mesothelioma after repairing boilers on ships, and an $8 million verdict for a construction worker who died from asbestos exposure in joint-sealing compounds at a Manhattan high-rise.