An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can aid those suffering from asbestos-related diseases. They include asbestosis, mesothelioma and lung cancer.
Many companies offer free case reviews for mesothelioma sufferers. This allows you to find out about how a particular company handles these claims and then decide if they are right for you.
A lawsuit against a business that produces asbestos could result in compensation for medical bills, lost wages, and other expenses. Litigation is expensive.
The history of asbestos law suits
Asbestos is a mineral that occurs naturally, is used as an insulator and a fire-resistant material. It was used for decades in New York, as well as in other regions of the nation, asbestos attorney in industrial, manufacturing and commercial environments. Workers in a variety of establishments, including shipyards, power plants, and textile mills, were often exposed to asbestos. Some of those workers later developed mesothelioma or other lung diseases directly linked to their exposure. A New York mesothelioma lawyer can assist those affected to receive the amount of compensation they’re entitled to.
As the first lawsuits were filed in the late 1960s, scientists confirmed what people had believed to be true – that exposure to asbestos causes lung damage and disease. This revelation triggered a flurry of claims, which led to the emergence of asbestos manufacturers to declare bankruptcy. As part of their bankruptcy procedures, these companies set up asbestos trust funds to compensate victims and their families. The money deposited into these trusts now amounts to hundreds of millions of dollar.
While Congress has tried to pass legislation in order to settle the asbestos litigation issue, these bills have been unable to pass due to many reasons. For instance they did not discuss the treatment options for mesothelioma patients who are suffering from recurrences of their illness or are deceased.
Another issue has been the asbestos defense industry’s campaign to defame and undermine the scientific consensus that asbestos in all forms even at low levels, are capable of producing mesothelioma and lung cancer as well as other asbestos-related diseases. These campaigns have included securing funding and publishing articles in scientific journals which are designed to aid the asbestos industry’s legal arguments in trial.
To accelerate the process, individual cases can be consolidated to multidistrict litigation. In 1991, a judge combined the asbestos lawsuits of 850 against power plants to speed up resolution of these cases. The defendants are able to appeal a decision between 30 and 180 days. This can delay any monetary award. A defendant may be required to make a bond for any money awards received, based on the outcome of an appeal.
How to File a Claim
An asbestos lawyer can assist families and individuals to file various asbestos claims. These claims can be for reimbursement for funeral expenses, medical expenses loss of income, loss of consortium, pain and suffering, and other damages. They can also sue companies that exposed asbestos workers. They can also help veterans submit a claim for disability compensation with the Veteran’s Administration.
A lawyer who is an expert in asbestos litigation will evaluate your case at no cost to determine if there are any legal options available. They will be able to answer your questions and provide you with the various legal procedures. They will often visit your hospital or home to consult and operate on a contingency fee, so you will not be liable for any upfront legal fees.
If a client hires an asbestos attorney, they must make sure the lawsuit is filed within the proper deadline. The majority of states require asbestos victims to start a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It isn’t easy to know the time a person was exposed to asbestos since the symptoms usually do not appear until decades after exposure. An asbestos lawyer can assist clients navigate the laws of their respective states and ensure that the lawsuits are filed at the right time.
After filing the complaint mesothelioma lawyers gather evidence to support your claim, including company records and interviews with your family members. They can also subpoena older documents from asbestos companies that might prove the negligence of the company.
A knowledgeable asbestos lawyer can help you start a lawsuit to claim wrongful death if a loved ones died from mesothelioma or another asbestos-related disease. In a case for grieving families, the survivors can seek compensation for emotional pain, funeral expenses and loss companionship. They may also seek punitive damages against the asbestos-related company.
An experienced asbestos attorney can quickly get records from various states and asbestos companies, and can give you more legal options than any local law firm would offer. A national asbestos law firm’s resources give victims a better chance of winning substantial compensation.
Prepare for the trial
Asbestos, a highly toxic mineral, has been employed in industrial tasks for many years. Workers who were exposed to asbestos in construction, shipbuilding automotive manufacturing, shipbuilding, and other industries often suffer from serious illnesses such as mesothelioma, lung cancer asbestosis, or the pleural effusion (inflammation of the lung’s lining). If you’ve been identified with a condition that is related to asbestos exposure you deserve compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer will help you bring a suit for personal injury or wrongful death against companies that are responsible for your exposure. A mesothelioma claim permits you to claim financial compensation for medical costs loss of wages as well as pain and discomfort, emotional distress, etc.
State statutes of limitation vary for personal injury and wrongful death lawsuits. It is crucial to have a seasoned mesothelioma lawyer by your side to ensure that you don’t run out of time to file claims.
Your lawyer will conduct an investigation and gather evidence on your behalf once the legal process has started. They will conduct an interview with you and any former employers, landowners, or other parties that were involved in your exposure asbestos. They will also examine the details of your case to determine the extent the location, when, and where you were exposed.
The majority of asbestos cases are handled on a contingency fee basis which means that the attorney takes an amount of the compensation you receive as a representation. Your attorney will also take care of all costs associated with your case If you win an award or settlement, they will collect their fees from the party that won.
If you and your asbestos attorney are unable to come to an agreement over an hourly fee and you want to hire a different firm. The attorneys in the second law firm will have to sign a contract dividing the work and costs.
In the majority of cases, the compensation is given to mesothelioma sufferers and their families when a jury finds in their favor. However many asbestos lawsuits settle out of court. Asbestos lawsuits that are successful will pay between $1 million and $1.4 millions to the victims.
Going to Trial
Asbestos attorneys can help their clients obtain compensation by settling or winning a trial. Compensation is contingent on a variety of aspects, including the duration of time and type of asbestos exposure as well as the severity of symptoms. Asbestos lawsuits may award damages for physical pain and suffering loss of income as well as future earnings, medical expenses as well as household expenses such as childcare, transportation and housekeeping.
A lawsuit against asbestos can also result in compensation for deaths that were wrongful as well as money to pay for funeral expenses and other costs associated with the loss of loved relatives. Families could also be entitled to compensation due to the emotional trauma caused by the death a loved one.
Attorneys with asbestos litigation experience can help patients with lung cancer, mesothelioma and other asbestos-related diseases to seek compensation from asbestos manufacturers. Mesothelioma lawyers can help to file claims using trust funds established by asbestos-related companies that went bankrupt.
It is often difficult to determine who is the person responsible for an asbestos-related disease due to the long time between the first exposure and the manifestation of symptoms. Furthermore, evidence could disappear or be destroyed as time passes and asbestos companies may cease to be in business, which could complicate the case further.
When making an asbestos lawsuit, the plaintiff’s mesothelioma lawyer should be aware of every possible asbestos manufacturer and asbestos product that could be involved in the lawsuit. An experienced attorney will conduct a thorough investigation of each asbestos product and asbestos manufacturer to ensure the case contains all the facts.
Belluck and Fox’s asbestos lawyers have been holding negligent asbestos producers accountable for the hardworking people they exposed to this dangerous material. 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 while repairing boilers aboard ships. Another $8 million verdict for an employee of a construction company who died from asbestos exposure in joint-sealing compounds at the top of a Manhattan high rise.