An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can aid those suffering from asbestos-related diseases. These include mesothelioma and asbestosis and lung cancer.
Many firms offer free case reviews for mesothelioma sufferers. This will let you examine how a company deals with these claims and determine if they are the right fit for you.
A lawsuit against an asbestos firm can result in settlement for medical bills or lost wages, among other expenses. The cost of litigation is high.
The history of asbestos-related lawsuits
Asbestos is a naturally occurring mineral is used as an insulator and a fire-resistant material. For decades, it was used in a variety of manufacturing commercial, industrial, and settings in New York and across the nation. Workers in a variety of establishments, including shipyards, power stations and textile mills, were often exposed to asbestos. Some of them later developed mesothelioma or other lung diseases directly linked to their exposure. Those affected should hire an expert New York mesothelioma attorney to ensure they receive the compensation they’re due.
Researchers proved what a lot of people suspected, that asbestos exposure can cause lung disease and damage. This knowledge sparked a wave 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 amount of money that was deposited into these trusts now in the hundreds of millions of dollars.
Congress has tried to pass legislation to settle the asbestos litigation. However the bills have failed due to a variety of reasons. They didn’t address the issue of the treatment options for patients suffering from mesothelioma who are recurrent or who have died.
The Asbestos Claim defense industry has also been a hindrance in its effort to discredit the scientific consensus that asbestos, even when it is at a low concentration can cause mesothelioma and lung cancer. These campaigns have included financing and publishing articles in scientific journals that aim to assist the asbestos industry’s legal arguments during trial.
To speed up the process the individual cases can be combined into multidistrict litigation. In 1991, for example one judge combined 850 power plant asbestos lawsuits to speed up the resolution of those cases. The defendants can appeal a verdict within 30 to 180 days, which can delay the payment of any monetary award until the appeal is completed. A defendant may be required to make a bond for any money awards received, based on the outcome of the appeal.
How to File a Claim
An asbestos lawyer can help families and individuals file different types of asbestos claims. These claims could include compensation to pay for funeral expenses, medical expenses as well as lost income loss of consortium and suffering and pain. They may also sue companies for exposing asbestos workers. They can also aid veterans to file a claim for disability compensation with the Veteran’s Administration.
A lawyer who is an expert in asbestos litigation will examine your case at no cost to determine if there are any legal options available. They will explain the various legal procedures and answer any questions that you have. They can often travel to your hospital or at home for a consultation. They work on a contingency basis which means you won’t be held accountable for any initial legal fees.
If a client employs an asbestos attorney they must ensure that the lawsuit is filed within the applicable deadline. Many states require asbestos sufferers to submit a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It isn’t easy to know when a person was exposed to asbestos since the symptoms don’t usually show up for decades after exposure. An experienced asbestos attorney can assist clients to navigate their state’s specific laws and ensure that the suit is filed on time.
After filing the complaint, an attorney for mesothelioma will gather evidence to support your claim, including company records as well as interviews with family members. They can also subpoena old documents from the asbestos-related companies that could reveal negligent conduct.
An experienced asbestos attorney will also assist you in filing the wrongful-death suit when a loved-one has died from mesothelioma or other asbestos-related diseases. In a suit for the wrongful death of a loved one, survivors can seek compensation to cover emotional distress, funeral costs and loss of companionship. They can also seek punitive damages against an asbestos legal-related company.
A reputable asbestos lawyer has the resources to quickly gain access to documents from various states or asbestos firms and can provide you with more legal options than local law firms. The national resources of an asbestos law company can provide victims with a greater chance of winning substantial compensation.
Preparing for trial
Asbestos is a very toxic mineral has been used in industrial jobs for a long time. Workers exposed to asbestos in shipbuilding, construction and automobile manufacturing industries, as well as other industries, are often suffering from serious diseases such as mesothelioma (lung cancer), asbestosis or the pleural effusion (inflammation of the lung’s lining). If you have been diagnosed with an illness caused by asbestos exposure, you should be compensated. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can assist you file a personal injury or wrongful-death lawsuit against the businesses that are responsible for your exposure. A mesothelioma claim permits you to claim financial compensation for medical costs, lost wages or income, pain and discomfort, emotional distress, etc.
The statutes of limitation differ by state for both personal injury and wrongful death lawsuits. It is important to have a seasoned mesothelioma attorney by your side to ensure you don’t overrun the deadline for filing an action.
When the legal process starts, your attorney will work on your behalf to conduct an investigation and gather evidence. They will question you and your former employer, landowner, or other persons who may have been involved in your asbestos exposure. They will also examine the details of your situation to determine if they came to know when, where, and how you were exposed.
The majority of asbestos cases are handled by a contingency fee which means that the attorney will take part of any compensation you receive as your representation. Your attorney will also cover any expenses associated with your case and, if you prevail a judgment or settlement the attorney will be able to collect their fees from the winner.
If you and your asbestos lawyer are unable to reach an agreement on a contingency fee, you can hire another firm. The attorneys in the second law firm will have to sign a contract dividing the costs and work.
Typically, mesothelioma victims and their family members are awarded compensation by winning the verdict of a juror in favor of the plaintiff. Many asbestos lawsuits are settled out of court. Asbestos lawsuits that succeed settle between $1 million to $1.4 millions to victims.
Going to Trial
Asbestos attorneys can help their clients get compensation through settling or winning a trial. Compensation is determined by a number of factors, such as the length of exposure to asbestos and the frequency and severity of symptoms. Asbestos lawsuit damages can include damages for suffering and pain, lost income and future earnings as along with medical expenses, childcare, transportation, and housekeeping.
Compensation for claims of wrongful death can be secured through an asbestos lawsuit, which provides money to pay funeral costs and other expenses that come with the death of a loved one. Families may also be entitled to compensation due to the emotional distress caused by the death or asbestos Claim loss of a loved one.
Attorneys with experience in asbestos litigation are able to help patients suffering from mesothelioma lung cancer and other asbestos-related illnesses to seek compensation from responsible asbestos manufacturers. Moreover, mesothelioma lawyers can help with filing claims with trust funds established by asbestos companies that have gone bankrupt.
It can be difficult to determine who is accountable for an asbestos-related illness because of the lengthy time between exposure to asbestos and the an onset of symptoms. Additionally, evidence can disappear or be lost as time passes and asbestos companies can cease to be in business, which complicates the case even further.
The attorney representing the plaintiff for mesothelioma must identify all asbestos producers and asbestos-related products involved in the lawsuit prior to filing the lawsuit. A knowledgeable attorney will then conduct an exhaustive investigation of each asbestos product and asbestos manufacturer to ensure the case is based on all facts.
Belluck and Fox’s asbestos attorneys have been holding negligent asbestos producers accountable for the hardworking employees who were exposed to this hazardous material. This has allowed them to secure more than $1 billion in compensation for their clients over the years. The firm has won significant verdicts, such as a $22 million settlement for an Navy veteran who contracted mesothelioma while repairing boilers on ships, and an $8 million verdict for a construction worker who died due to asbestos exposure in joint-sealing materials at an Manhattan high-rise.