An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can aid those suffering from asbestos-related diseases. These include asbestosis and mesothelioma, as well as lung cancer.
Many firms provide free mesothelioma patients with case reviews. This allows you to find out about the way a company handles the claims, and determine if they are right for you.
A lawsuit against an asbestos-related company can result in settlement for medical bills as well as lost wages and other costs. However, litigation is expensive.
The history of asbestos law suits
Asbestos, a naturally occurring mineral is used as an insulator and fire-resistant material. For decades it was employed in a variety of manufacturing commercial, industrial, and settings in New York and across the nation. Many of these facilities, such as power plants, textile mills, and shipyards, exposed workers massive amounts of asbestos on a regular basis. Some of these workers later developed mesothelioma and other lung diseases that are directly related to their exposure. A New York mesothelioma lawyer can assist those affected to receive the compensation they're entitled to.
Researchers confirmed what many believed, that exposure to asbestos can cause lung damage and cause lung diseases. This knowledge spurred a wave of claims that led to dozens of asbestos producers to declare bankruptcy. In bankruptcy proceedings, these companies set up asbestos trust funds for victims and their families. The money they pay into these trusts has now amounted to hundreds of millions of dollar.
Congress has tried to pass legislation to settle the asbestos litigation. However the bills have not passed due to a variety reasons. For instance they didn't address the treatment options for mesothelioma patients who are recurrently suffering from their disease or who have passed away.
Another issue has been the asbestos defense industry's efforts to defy and undermine the scientific consensus that all forms of asbestos even at low levels, are capable of producing mesothelioma and lung cancer as well as other asbestos-related diseases. The campaigns have included funding and publishing articles in scientific journals that are intended to help the asbestos industry's legal arguments during trial.
To accelerate santa ana asbestos attorneys to speed up the process, individual cases can be combined into multidistrict litigation. In 1991, for instance, one judge consolidated 885 asbestos lawsuits against power plants to speed up the resolution of these cases. The defendants are able to appeal a decision between 30 and 180 days. This could delay any financial award. A defendant may be required to pay a bond for any monetary awards received, based on the outcome of an appeal.
How to File a Claim
An asbestos lawyer can assist families and individuals file different types of asbestos claims. These claims could include compensation for funeral expenses, medical expenses and lost income, loss of consortium, and pain and suffering. They can also seek restitution from businesses which exposed workers to asbestos. They can also assist veterans file a claim with the Veteran's Administration for disability compensation.
A lawyer who is an expert in asbestos litigation can review your case at no cost to determine if there are any legal options that are available. They can explain the different legal processes and answer any questions that you have. They can often travel to your hospital or home for a consultation and work on a contingency basis and therefore you won't be liable for any upfront legal fees.
If a client hires an asbestos attorney, they must make sure the lawsuit is filed within the appropriate statute of limitations. Most states require asbestos-related victims to submit a lawsuit within a few years after being diagnosed with mesothelioma or lung cancer. It isn't easy to know whether a person has been exposed to asbestos since the symptoms typically do not show up until years after exposure. An asbestos lawyer can help clients navigate the laws of their state and ensure that the lawsuits are filed at the right time.
After filing the complaint an attorney for mesothelioma will gather evidence to support your claim. This includes company records and interviews with family members. They can also subpoena documents from asbestos-related companies to demonstrate negligence.
A skilled asbestos lawyer can help you make a claim for wrongful death if your loved one passed away from mesothelioma or another asbestos-related disease. In a suit for victims of wrongful deaths, survivors may claim compensation to compensate for emotional distress, funeral costs as well as loss of companionship. They may also demand punitive damages from the asbestos-related company.
An experienced asbestos lawyer has the capacity to quickly access documents from various states or asbestos companies, and can offer you more legal options than local law firms. A national asbestos law firm's resources offer victims a better chances of winning a substantial settlement.
Prepare for the trial
Asbestos, a highly toxic mineral, has been used in industrial jobs for many years. Workers who were exposed to asbestos in shipbuilding, construction, automobile manufacturing, and other industries often suffer from serious illnesses such as mesothelioma, lung cancer, asbestosis or pleural effusion (inflammation of the lining of the lungs). If you have been diagnosed with an illness related to asbestos exposure, you deserve compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can assist you make a personal injury claim or wrongful death lawsuit against companies accountable for your exposure. A mesothelioma claim allows you to receive financial compensation for medical costs and lost wages, pain and discomfort, emotional distress, etc.
The statutes of limitations in each state differ for personal injury and wrongful deaths lawsuits. You need an experienced mesothelioma lawyer who can ensure you don't miss your deadline for filing claims.
Your attorney will investigate and collect evidence on behalf of you once the legal process has started. They will interview both you and your former landowner, employer, or other individuals who could have been involved in your asbestos exposure. They will also investigate the details of your case to determine where, how and when you might have been exposed.
Most asbestos cases are handled using a contingency-fee basis. This means that your attorney will receive a proportion of any amount you are paid. Your attorney will cover all costs related to your case. If you win, they will be paid by the winning party.
If you and your asbestos attorney are unable to agree on a payment for contingency then you can choose to work with an alternative firm. The attorneys of the second law firm will need to sign a contract for the division of the work and fees.
Typically, mesothelioma patients and their family members are awarded compensation by winning the verdict of a juror in favor of the plaintiff. Many asbestos lawsuits are settled outside of court. Asbestos lawsuits that win pay between $1 million and $1.4 millions to victims.
Going to Trial
Asbestos attorneys can help their client get compensation by either winning or settling a case. Compensation is contingent on a variety of factors, including the amount of time and type of asbestos exposure, as well as the degree of symptoms. Asbestos lawsuits can result in damages for physical pain and suffering, loss of income and future earnings, medical expenses, and household expenses like childcare as well as housekeeping, transportation and childcare.
A lawsuit against asbestos can also result in compensation for wrongful deaths as well as money to pay for funeral expenses and other expenses associated with the death of loved ones. Families may also be entitled to compensation for the emotional trauma caused by the loss of an individual they love.
Lawyers with experience in asbestos litigation can help victims of mesothelioma, lung cancer and other asbestos-related diseases seek compensation from asbestos producers. In addition, mesothelioma lawyers may help with filing claims with trust funds set up by asbestos companies that have gone into bankruptcy.
It isn't always easy to determine who is responsible for an asbestos-related illness due to the long time between exposure to asbestos and the an onset of symptoms. Evidence can also disappear or be lost with time, and asbestos-related companies could cease to be in business. This complicates the case.
The lawyer representing mesothelioma plaintiffs must identify all asbestos producers and asbestos-related products involved in the lawsuit before filing the lawsuit. A knowledgeable attorney will then conduct an exhaustive investigation of every asbestos product and asbestos manufacturer to ensure the case is complete with all facts.
For decades, mesothelioma lawyers at Belluck & Fox have held negligent asbestos manufacturers accountable for the hardworking individuals they exposed to this dangerous substance. Through the years they have managed to secure more than one billion dollars in compensation for their clients. The firm has won notable verdicts such as 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 compounds at an Manhattan high-rise.