An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can aid victims of asbestos-related diseases. These include mesothelioma and asbestosis, as well as lung cancer.
Many companies offer a no-cost case review for mesothelioma patients. This will let you examine how a company responds to these claims and determine if they are the right fit for your.
A lawsuit against an asbestos-related company can result in the payment of medical bills, lost wages and asbestos attorney other expenses. However, litigation can be costly.
The History of Asbestos Lawsuits
Asbestos is a dangerous naturally occurring mineral that is used for fireproofing and insulation. For a long time it was used in various manufacturing commercial, industrial, and settings in New York and across the country. Many of these establishments, including textile mills, power plants and shipyards, exposed workers substantial amounts of asbestos regularly. Some of those workers developed mesothelioma or other lung diseases directly related to their exposure to asbestos. The affected individuals should seek out an expert New York mesothelioma attorney to ensure they receive the compensation they’re due.
Researchers proved what many believed to be true: that exposure to asbestos can cause lung disease and damage. This information triggered a wave of claims that led to dozens of asbestos producers to declare bankruptcy. In bankruptcy proceedings these companies established asbestos trust funds for victims and their families. The money they pay to these trusts is now equal to hundreds of millions of dollars.
Congress has tried to pass legislation to end the asbestos lawsuit. However the bills have failed due to a variety reasons. They didn’t address for instance, the best way to treat patients suffering from mesothelioma whose recurrences are ongoing or who have died.
The asbestos defense industry has also been a roadblock in its effort to discredit the scientific consensus that asbestos, even when it is at a low concentration can cause mesothelioma as well as lung cancer. These campaigns have included funding and publishing articles in journals with scientific content that aim to support the asbestos industry’s legal argument at trial.
Individual cases can be consolidated into multidistrict litigation to speed up the process. In 1991, for instance, one judge consolidated over 850 asbestos lawsuits involving power plants to facilitate the faster resolution of these cases. The defendants can appeal a verdict between 30 and 180 days. This could delay any monetary award. Based on the outcome of the appeal, the defendant could end up being legally required to pay a bond for any money awarded.
How to File a Claim
An asbestos lawyer can assist families and individuals file various types of asbestos claims. These claims can be for compensation to cover medical expenses, funeral costs, 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 with the Veteran’s Administration for disability compensation.
A lawyer with expertise in asbestos litigation can review your case free of charge to determine if you are eligible for legal options. They can help you understand the various legal processes and answer any questions that you have. They can often travel to your hospital or home to consult and work on a contingency basis, so you will not be held accountable for any upfront legal fees.
If a client employs an asbestos attorney, he or she must ensure that the lawsuit is filed in line to the applicable statute of limitation. The majority of states require victims to start a lawsuit for asbestos within a few years after being diagnosed with mesothelioma lung cancer, or any other asbestos-related disease. It is often difficult to determine the time a person was exposed to asbestos since the symptoms don’t usually manifest until years after exposure. An experienced asbestos lawyer can assist clients in understanding the specific laws of their state and ensure that the suit is filed in a timely manner.
When you file a complaint a mesothelioma attorney will gather evidence in support of your claim. This includes company records and interviews conducted with your family. They can also subpoena records from asbestos-related companies in order to show negligence.
An experienced asbestos lawyer can also help you file a wrongful death suit if a loved one has died from mesothelioma, or other asbestos-related diseases. In a case for the wrongful death of a loved one, survivors can seek compensation for emotional distress, funeral costs and loss companionship. They can also seek punitive damage against the asbestos company.
An experienced asbestos attorney has the ability to quickly get records from various states and asbestos companies. They also offer more legal options than any local law firm would offer. The national resources of an asbestos law firm will provide victims with a better chance of obtaining significant compensation.
Preparing for the trial
Asbestos, a highly toxic mineral is employed in industrial work for a long time. Workers exposed to the material in shipbuilding, construction, automobile manufacturing, and other industries frequently suffer from serious illnesses such as mesothelioma or lung cancer, asbestosis, or the pleural effusion (inflammation of the lung’s lining). If you’ve been diagnosed as suffering from a condition related to asbestos exposure you deserve compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can help you make a personal injury claim or wrongful death suit against the companies who are accountable for your exposure. A mesothelioma case permits you to claim financial compensation for medical expenses loss of wages as well as pain and discomfort emotional distress, and more.
The statutes of limitations differ in each state for personal injury and wrongful death lawsuits. You’ll need a knowledgeable mesothelioma lawyer in order to ensure you don’t miss your deadline to file claims.
Your attorney will investigate and collect evidence on behalf of you once the legal process has begun. They will interview you and any former landowners, employers, or other individuals that were involved in your exposure asbestos. They will also investigate the details of your situation to determine how they came to know when, where, and how you were exposed.
The majority of asbestos cases are dealt with on a contingency fee basis. This means that the attorney will receive a percentage of any amount you are paid. Your attorney will also be responsible for any expenses associated with your case in the event that you win an award or settlement they will receive their fees from the party that won.
If you and your asbestos lawyer cannot agree on a contingency payment you may choose to hire an alternative firm. The attorneys of the second law firm must to sign a contract that divides the cost of work and fees.
Typically, mesothelioma patients and their family members are awarded compensation after obtaining the verdict of a jury in favor of the plaintiff. However, many asbestos lawsuits are settled out of court. On average asbestos lawsuits that achieve the desired conclusion pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can aid their clients receive compensation through either a settlement or a successful trial decision. Compensation is based on several factors, including the duration of exposure to asbestos as well as the frequency and severity of symptoms. Asbestos lawsuits may award damages for physical suffering and pain as well as loss of income and future earnings, medical expenses as well as household expenses like childcare transport, housekeeping and transportation.
A lawsuit involving asbestos could also result in compensation for wrongful deaths that include money to pay funeral costs and other costs associated with the death of loved ones. Families may also be entitled to compensation because of the emotional trauma caused by the loss of an individual they love.
Lawyers who have experience in asbestos litigation can aid victims of mesothelioma lung cancer, and other asbestos-related illnesses to seek compensation from responsible asbestos producers. Moreover, mesothelioma lawyers can provide assistance in filing claims using trust funds established by asbestos companies that have gone bankrupt.
It is sometimes difficult to determine who is the person responsible for an asbestos-related illness due to the long time between exposure and the beginning to feel symptoms. Evidence may also vanish or be lost over time, and asbestos companies could cease to be in business. This makes the situation more complicated.
The mesothelioma lawyer representing the plaintiff must determine all possible asbestos producers and asbestos-related products that are involved in the case prior to filing a lawsuit. A knowledgeable attorney can conduct a thorough examination of each asbestos manufacturer and product to ensure that all the relevant facts are available to the case.
For decades, mesothelioma lawyers at Belluck & Fox have held negligent asbestos producers accountable for the countless people exposed to this deadly substance. Through the years they have been able to secure more than one billion dollars in compensation for their clients. The firm has won significant verdicts like a $22 million settlement for an Navy veteran who contracted mesothelioma from repairing boilers aboard ships. Another $8 million verdict for an employee of a construction firm who died from asbestos exposure joint sealing compounds at an Manhattan high rise.