An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A knowledgeable asbestos lawyer can assist those suffering of asbestos-related illnesses. They include asbestosis and mesothelioma as well as lung cancer.
Many companies offer a no-cost case review for mesothelioma patients. This will allow you to find out how a company deals with these claims and determine if they are the right fit for you.
A lawsuit against a business which manufactures asbestos may result in compensation of medical bills, lost wages and other expenses. Litigation is expensive.
The history of asbestos law suits
Asbestos is a dangerous natural mineral that is utilized to create insulation and fire resistance. It was widely used in New York, as well as in other regions of the nation, in industrial, manufacturing and commercial environments. The workers in these locations, such as shipyards, power stations and textile mills, were frequently exposed to asbestos. A few of them later developed mesothelioma or other lung diseases directly linked to their exposure. The affected individuals should seek out an expert New York mesothelioma attorney to assist them in obtaining the compensation they deserve.
As the first lawsuits were filed in the late 1960s, scientists confirmed what people had suspected – that asbestos exposure causes lung damage and diseases. This knowledge spurred a wave of claims that caused dozens of asbestos producers to file for bankruptcy. In bankruptcy proceedings asbestos manufacturers set up trust funds for the families of victims. The money that is paid to these trusts is now equal to hundreds of millions of dollars.
Congress has attempted to pass legislation in order to end the asbestos lawsuit. However the bills have not passed due to a variety of reasons. For instance they did not consider the treatment of mesothelioma sufferers who are recurrently suffering from their disease or have died.
The asbestos defense industry has also been a roadblock in its efforts to debunk the scientific consensus that asbestos even at a low concentration, can cause mesothelioma and lung cancer. The campaigns have included funding and publishing articles in scientific journals which are designed to aid the asbestos industry’s legal arguments in trial.
Individual cases may be consolidated into multidistrict litigation to expedite the process. In 1991, a judge condensed 850 asbestos lawsuits against power plants to speed up resolution of these cases. Defendants are allowed to appeal a verdict within 30 to 180 days, which will delay the payment of any money award until after the appeal is completed. A defendant could be required to post bond for any monetary awards received, depending on the outcome of the appeal.
How to File a Claim
An asbestos lawyer can assist families and individuals file various kinds of asbestos claims. These claims can be for reimbursement for asbestos lawsuit funeral expenses, medical costs loss of income, loss of consortium or consortium, pain and suffering and other damages. They can also seek restitution from companies which exposed workers to asbestos. They can also help veterans to file a claim for disability compensation through the Veteran’s Administration.
A lawyer who is an expert in asbestos litigation will review your case free of charge to determine if there are any legal options that are available. They can answer your questions and explain the different legal procedures. They are often able to travel to your hospital or at home to consult and are on a contingency basis which means you won’t be responsible for any upfront legal fees.
When a client hires a asbestos lawyer, he/ she must ensure that the lawsuit is filed in accordance to the applicable statute of limitation. The majority of states require victims to file an asbestos lawsuit within a couple of years of being diagnosed with mesothelioma, lung cancer or another asbestos-related illness. It isn’t always easy to determine when a person was exposed to asbestos, since the symptoms are not likely to show up until years after exposure. An experienced asbestos lawyer can assist clients to navigate the specific laws of their state and ensure that the suit is filed in a timely manner.
After filing the complaint, mesothelioma lawyers gather evidence to support your claim. This includes company records and interviews with your family members. They can also request documents from asbestos-related companies to show negligence.
An experienced asbestos case lawyer will also assist you in filing the wrongful-death suit if a loved one has passed away from mesothelioma or any other asbestos-related illnesses. In a wrongful-death lawsuit, survivors may seek compensation for emotional stress, funeral expenses and loss of companionship. They can also demand punitive damages from the asbestos company.
A good asbestos lawyer has the capability to quickly gain access to documents from various states or asbestos companies and can provide you with more legal options than local law firms. The resources offered by an asbestos law company can provide victims with a better chance of obtaining substantial compensation.
Prepare for trial
Asbestos, a highly toxic mineral is employed in industrial work for a long time. People who are exposed to asbestos in construction, shipbuilding, automobile manufacturing, and other industries are often affected by serious diseases like mesothelioma, lung cancer, asbestosis or the pleural effusion (inflammation of the lining of the lungs). If you’ve been identified as having a disease related 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 make a personal injury claim or wrongful death suit against the companies that are responsible for your exposure. A mesothelioma lawsuit permits you to claim financial compensation for medical costs loss of wages as well as pain and discomfort, emotional distress, etc.
The statutes of limitations vary according to state, for both personal injury and wrongful death lawsuits. It is important to have a mesothelioma attorney by your side to ensure you don’t be late in filing an claim.
When the legal process is initiated your lawyer will work on your behalf to gather and investigate evidence. They will speak with you as well as any former landowners, employers or other parties involved in your exposure to asbestos. They will also look into the details of your situation to determine the location, the method and when you might be exposed.
Most asbestos cases are handled on a contingency basis which means that the attorney takes the a portion of any money you receive as a representation. Your attorney will pay for all costs associated with your case. If you win, they will be paid by the winning party.
If you and your asbestos attorney cannot reach an agreement on the amount of a contingency fee you may choose to hire a different firm. The attorneys from the second law firm will be required to sign a written contract dividing the work and fees.
In most instances, compensation is paid mesothelioma victims and their families when a jury comes in their favor. Many asbestos lawsuits are settled out of court. On average asbestos lawsuits that have the desired conclusion pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos attorneys can help their client get compensation by either winning or settling a case. Compensation is based on a number of factors, including the length of exposure to asbestos as well as the severity and frequency of symptoms. Asbestos lawsuit damages can include damages for pain and suffering, lost income and future earnings, as also medical expenses as well as transportation, childcare, and housekeeping.
A lawsuit against asbestos could also result in compensation for wrongful deaths that include money to pay funeral costs as well as other expenses relating to the loss of loved ones. Additionally family members could be entitled to compensation for the emotional distress and grief triggered by the passing of a loved one.
Attorneys with experience in asbestos litigation may help victims of mesothelioma, lung cancer and other asbestos-related illnesses obtain compensation from responsible asbestos manufacturers. Additionally, mesothelioma lawyers are able to assist in filing claims using trust funds created by asbestos companies that went bankrupt.
The years between the time of exposure to asbestos and the beginning of disease can make it difficult to determine who were responsible for the asbestos-related illness. Furthermore, evidence could disappear or be lost over time, and asbestos-related companies can cease to be in business, which could complicate the case further.
The attorney representing the plaintiff for mesothelioma must identify all possible asbestos producers and asbestos-related products involved in the lawsuit before filing an action. A knowledgeable attorney can conduct a thorough investigation into each asbestos settlement manufacturer and product to ensure that all the relevant facts are available to the court.
For decades, mesothelioma attorneys at Belluck & Fox have held negligent asbestos manufacturers accountable for the hardworking individuals exposed to the dangerous substance. Through the years they have managed to secure more than a billion dollars in compensation for their clients. The firm has won notable verdicts like a $22 million settlement for an Navy veteran who contracted mesothelioma following the repair of boilers on ships. There was also an $8 million verdict for a construction worker who died due to asbestos exposure in joint-sealing materials at a Manhattan high-rise.