An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can assist those suffering of asbestos-related illnesses. These include asbestosis, mesothelioma and lung cancer.
Many firms offer free case reviews for mesothelioma sufferers. This will let you examine how a company handles these claims and determine if they’re the right fit for your.
A lawsuit against a company which manufactures asbestos may result in compensation for medical bills, lost wages and other expenses. However, litigation is expensive.
The history of asbestos-related lawsuits
Asbestos is a dangerous natural mineral that is utilized for insulation and fire protection. For decades it was employed in various manufacturing, industrial, and commercial settings in New York and across the across the country. The workers in these places, like power plants, shipyards and textile mills, were regularly exposed to asbestos. Some of those workers later developed mesothelioma or other lung diseases that are directly related to their exposure. A New York mesothelioma lawyer can assist those affected to receive the compensation they are entitled to.
When the first lawsuits were filed in the latter half of 1960, scientists confirmed what people had long believed to be true – that exposure to asbestos causes lung damage and diseases. This discovery triggered a flood of claims that caused dozens of asbestos companies to declare bankruptcy. In the course of bankruptcy proceedings, these companies established asbestos trust funds to pay victims and their families. The amount that was deposited into these trusts now in the 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 numerous reasons. For instance, they did not address the treatment of mesothelioma sufferers who are recurrently suffering from their disease or have died.
Another roadblock has been the asbestos defense industry’s campaign to defame and undermine the scientific consensus that all forms of asbestos even at low levels, can be responsible for causing mesothelioma, lung cancer and other asbestos-related ailments. These campaigns have included securing funding and publishing articles in scientific journals that are intended to help the asbestos industry’s legal argument at trial.
Individual cases may be consolidated into multidistrict litigation in order to speed up the process. In 1991, a judge condensed the asbestos lawsuits of 850 against power plants to speed up resolution of these cases. The defendants are able to appeal a decision within 30 to 180 days, which could delay the payment of any monetary award until after the appeal has been decided. Depending on the outcome of the appeal, the defendant could be required to sign a bond for any award of money.
Making a Claim
An asbestos lawyer can assist individuals and families file various types of asbestos claims. These claims could be for compensation for medical expenses, funeral fees lost income, loss of consortium in consortium, pain and suffering and other damages. They may also sue companies that exposed asbestos workers. They may also aid veterans submit a claim to the Veteran’s Administration for disability compensation.
A lawyer who is an expert in asbestos litigation – you can try this out – will evaluate your case free of charge to determine if there are legal options available. They can answer your questions and explain the various legal procedures. They will travel to your office, home or hospital for a consult. They operate on a contingency basis, which means that you won’t have to pay upfront legal fees.
If a client engages an asbestos lawyer, he/ will need to ensure that the lawsuit is filed in line with the statute of limitations applicable to. Most states require asbestos victims to start a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It can be hard to determine if an individual has been exposed to asbestos since the symptoms aren’t always apparent until years afterward. An experienced asbestos lawyer can help clients navigate their state’s specific laws and ensure that the lawsuit is filed on time.
After filing a complaint an attorney for mesothelioma will gather evidence in support of your claim. This includes company records as well as interviews conducted with your family. They can also request documents from asbestos-related companies to prove negligence.
An experienced asbestos attorney can also help you file an action for wrongful death when a loved one passed away due to mesothelioma and other asbestos-related diseases. In a wrongful death lawsuit, survivors can seek compensation for their emotional grief, funeral expenses, and loss of companionship. They may also demand punitive damages from the asbestos-related company.
An experienced asbestos lawyer will have the ability to quickly gain access to documents from different states or asbestos companies, and can provide you with more legal options than local law firms. A national asbestos law firm’s resources can give victims a better chance of receiving a large amount of compensation.
Preparing for Trial
Asbestos is a toxic mineral which was used for many years in the workplace. Workers who were exposed to asbestos in shipbuilding, construction automotive manufacturing, shipbuilding, and other industries frequently suffer from serious diseases like mesothelioma or lung cancer, asbestosis or the pleural effusion (inflammation of the lining of the lungs). If you’ve been identified as suffering from a disease that is linked to asbestos exposure, then you’re entitled compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can help you in filing a personal injury or wrongful-death lawsuit against the businesses who are accountable for your exposure. A mesothelioma claim will allow you to receive financial compensation for medical expenses as well as lost wages, pain and discomfort, emotional distress, etc.
The statutes of limitations vary in each state for personal injury and wrongful death lawsuits. You’ll need a knowledgeable mesothelioma lawyer who can ensure that you don’t exceed the deadline for filing a claim.
Your lawyer will conduct an investigation and Asbestos litigation gather evidence on your behalf after the legal process has started. They will interview you and any former landowners, employers, or other individuals that were involved in your exposure asbestos. They will also investigate the specifics of your case to determine where, how 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 any compensation you receive. Your attorney will take care of all costs related to your case. If you win the case, they will be compensated by the winning party.
If you and your asbestos lawyer can’t agree on a payment for contingency and you want to hire a different firm. The attorneys of the second law firm will have to sign a written contract dividing the cost of work and fees.
In most instances, compensation is paid to mesothelioma patients and their families when a jury decides in their favor. Many asbestos lawsuits are settled outside of court. Asbestos lawsuits that are successful pay between $1 million and $1.4 millions to victims.
Going to Trial
Asbestos attorneys can help their clients get compensation through either winning or settling a case. Compensation depends on several factors, including the length of time and the type of asbestos exposure, as well as the severity of symptoms. Asbestos lawsuit damages could include damages for suffering and pain, lost income and future earnings, as along with medical expenses including childcare, transportation and housekeeping.
A lawsuit against asbestos may also result in compensation for the wrongful death of a person as well as money to pay for funeral costs and other expenses associated with the loss of loved relatives. In addition, family members may be entitled to compensation for the emotional trauma and grief that comes from the loss of a loved one.
Attorneys with asbestos litigation experience can help patients with mesothelioma, cancer of the lung and other asbestos-related ailments seek compensation from asbestos producers. Mesothelioma lawyers can help claim compensation from trust funds set up by asbestos companies that went bankrupt.
It is often difficult to determine who is responsible for an asbestos-related disease due to the long period between exposure and the beginning to feel symptoms. Evidence may also disappear or be destroyed over time, and asbestos businesses could be forced out of business. This makes the case more complicated.
In the event of making an asbestos lawsuit, the plaintiff’s mesothelioma lawyer should identify every potential asbestos-related asbestos product and asbestos manufacturer relevant to the claim. A knowledgeable attorney can then conduct a thorough investigation into each asbestos manufacturer and product to ensure that all relevant information is provided to the plaintiff in the case.
Belluck and Fox’s asbestos attorneys have been holding negligent asbestos manufacturers responsible for the hardworking individuals they exposed to this dangerous material. This has helped them secure more than $1 billion in compensation for their clients over the years. The firm has won a number of notable verdicts, including the $22 million verdict for a Navy veteran who contracted mesothelioma following the repair of boilers on ships. There was also an $8 million verdict for the death of a construction worker from asbestos exposure in joint-sealing compounds at an Manhattan high rise.