An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can aid those suffering from asbestos-related illnesses. This includes asbestosis, mesothelioma and lung cancer.
Many companies offer free mesothelioma patients with case reviews. This allows you to see how a firm deals with these claims and determine if they're the right fit for you.
A lawsuit against a business that manufactures asbestos could result in compensation for medical bills, lost wages and other costs. However, litigation is expensive.
The history of asbestos law suits
Asbestos is a hazardous naturally occurring mineral used to create insulation and fire resistance. For decades, it was used in a variety of manufacturing, industrial, and commercial settings in New York and across the country. Many of these facilities, including textile mills, power plants and shipyards, exposed workers significant amounts of asbestos on a regular basis. Some of them later developed mesothelioma or other lung diseases directly related to their exposure. A New York mesothelioma lawyer can help affected people receive the compensation they're entitled to.
When the first lawsuits were filed in the latter half of the 1960s, researchers confirmed what people had believed to be true - that exposure to asbestos causes lung damage and disease. This information triggered a wave of claims, which led to the emergence of asbestos companies to declare bankruptcy. In the bankruptcy proceedings, asbestos manufacturers set up trust funds for victims and their families. The money that is paid into these trusts now amounts to hundreds of millions of dollar.
Congress has tried to pass legislation to settle the asbestos litigation. However these bills have been unable to pass due to a variety of reasons. They have not addressed for instance, how to treat patients with mesothelioma who are recurrent or are deceased.
Another roadblock has been the asbestos defense industry's campaign to undermine and discredit the scientific consensus that asbestos in all forms even at low levels, can be responsible for creating mesothelioma, lung cancer and other asbestos-related diseases. The campaigns have included funding and publishing papers in scientific journals that aim to support the asbestos industry's legal arguments in trial.
Individual cases can be combined into multidistrict litigation to speed up the process. In 1991, a judge consolidated 885 asbestos lawsuits against power plants to speed the resolution of these cases. The defendants can appeal a verdict between 30 and 180 days. This could delay any monetary award. A defendant may be required to make a bond for any monetary awards received, based on the outcome of an appeal.
The process of filing a claim
An asbestos lawyer can aid families and individuals with filing various asbestos claims. These claims can be for reimbursement for funeral expenses, medical expenses lost income, loss of consortium in consortium, pain and suffering and other damages. They can also seek restitution from businesses that exposed workers to asbestos. 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 examine your case free of charge to determine if there are any legal options. They can answer any questions you may have and provide you with the various legal procedures. They can travel to your home, office or hospital to meet with you for a consultation. They operate on a contingency basis, meaning that you don't have to pay any upfront legal fees.
If a client employs an asbestos lawyer, they must make sure that the lawsuit is filed within the applicable deadline. The majority of states require asbestos victims to file 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 because the symptoms don't usually appear until years later. An experienced asbestos attorney can assist clients with understanding the specific laws in their state and ensure that the suit is filed in time.
When you file a complaint an attorney for mesothelioma will seek evidence to support your claim. This includes company records and interviews conducted with your family members. They can also request documents from asbestos-related companies in order to show negligence.
An experienced asbestos lawyer can help you start a lawsuit to claim wrongful death if a loved one passed away from mesothelioma, or another asbestos-related disease. In a lawsuit for the wrongful death of a loved one, survivors can seek compensation to help with emotional pain, funeral expenses as well as loss of companionship. They can also seek punitive damages against an asbestos-related company.
An experienced asbestos attorney has the capacity to swiftly access information from various states and asbestos companies, and can give you more legal options than an individual law firm could provide. The resources offered by an asbestos law firm will also give victims a much greater chance of winning significant compensation.
Preparing for the trial
Asbestos, a toxic mineral, has been employed in industrial tasks for decades. Workers exposed to asbestos in the construction, shipbuilding and automotive manufacturing industries, as well as other industries, are often suffering from severe illnesses such as mesothelioma (lung cancer) or asbestosis or Pleural effusion (inflammation of the lung's lining). If you've been diagnosed with a condition that is related to asbestos exposure, then you're entitled compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can assist you in filing a personal injury or wrongful death lawsuit against companies accountable for your exposure. A mesothelioma lawsuit allows you to pursue financial compensation for medical expenses, wage loss as well as pain and suffering emotional distress, and other damages.
State statutes of limitation vary for personal injury and wrongful death lawsuits. You'll need a knowledgeable mesothelioma lawyer to make sure that you don't exceed the deadline to file an action.
Once the legal process has begun the attorney will work on your behalf to conduct an investigation and gather evidence. san marcos asbestos lawyer will interview you and any former employers, landowners, or any other persons involved in your exposure to asbestos. They will also research the details of your case to determine where, how and when you might have been exposed.
The majority of asbestos cases are handled by a contingency fee which means that the attorney will take an amount of the compensation you receive as compensation for representation. Your attorney will cover all costs associated with your case. If you win and are awarded the money by the winning party.
If you and your asbestos attorney can't come to an agreement on a contingency fee you may choose to hire a different firm. The attorneys in the second law firm will need to sign a contract that divides the costs and work.
In the majority of cases, the compensation is given to mesothelioma sufferers and their family members when a jury is found that they are in their favor. Many asbestos lawsuits are settled out of court. Asbestos claims that are successful pay between $1 million and $1.4 millions to victims.
Going to Trial
Asbestos lawyers can aid their clients receive compensation through either a settlement or a successful trial decision. Compensation is determined by several factors, such as the duration 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 may also result in compensation for the wrongful death of a person, including money to cover funeral expenses as well as other expenses relating to the loss of loved ones. Families could also be entitled to compensation for the emotional trauma that is caused by the death of an individual they love.
Lawyers who have experience in asbestos litigation may aid victims of mesothelioma lung cancer, and other asbestos-related illnesses to seek compensation from responsible asbestos manufacturers. Mesothelioma lawyers can help file claims with trust funds established by asbestos-related companies that have gone bankrupt.
It can be difficult to determine who is accountable for an asbestos-related disease due to the long time between exposure to asbestos and the an onset of symptoms. Additionally, evidence can disappear or be lost as time passes and asbestos companies may cease to be in business, thereby complicating the case even further.
The lawyer representing mesothelioma plaintiffs must identify all possible asbestos producers and asbestos-related products that are involved in the case before submitting a lawsuit. An experienced attorney will conduct an exhaustive investigation of each asbestos product and asbestos manufacturer to ensure that the case contains all the facts.
For decades, mesothelioma attorneys at Belluck & Fox have held negligent asbestos producers accountable for the hardworking people they exposed to this dangerous substance. Over the years they have been able to secure more than one billion dollars in compensation for their clients. The firm has secured notable verdicts like an award of $22 million for an Navy veteran who contracted mesothelioma after repairing boilers aboard ships. Another $8 million verdict for the death of a construction worker from asbestos exposure in joint-sealing materials at the top of a Manhattan high rise.