An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A knowledgeable asbestos lawyer can assist victims of asbestos-related illnesses. These include mesothelioma and asbestosis and lung cancer.
Many firms offer free mesothelioma patients with case reviews. This will allow you to see how a firm manages these claims and determine if they are the right fit for your.
A lawsuit against an asbestos-related company could result in compensation for medical bills, lost wages and other expenses. However, litigation is expensive.
The history of asbestos-related lawsuits
Asbestos is a hazardous naturally occurring mineral used to create insulation and fire resistance. For decades it was employed in a variety of manufacturing, industrial, and commercial settings in New York and across the across the country. Many of these facilities, such as textile mills, power plants, and shipyards, exposed workers large amounts of asbestos on a regular basis. Some of these workers later developed mesothelioma or other lung diseases directly linked to their exposure. A New York mesothelioma lawyer can help those affected receive the compensation they're entitled to.
When the first lawsuits were filed in the late 1960s, researchers confirmed what they had long believed to be true - that exposure to asbestos causes lung damage and diseases. This information triggered a wave of complaints that prompted a number of asbestos producers to declare bankruptcy. As part of their bankruptcy proceedings, these companies established asbestos trust funds to pay victims and their families. The amount that was deposited into these trusts is now in the hundreds of millions of dollars.
Congress has tried to pass legislation in order to settle the asbestos litigation. However the bills have failed due to a variety reasons. They didn't address the issue of how to treat patients with mesothelioma that have recurrences or who are deceased.
Another roadblock has been the asbestos defense industry's effort to defy and undermine the scientific consensus that asbestos in all forms, even at low levels, are capable of inducing mesothelioma or lung cancer and other asbestos-related ailments. These campaigns have included funding and publishing articles in journals of science that are intended to help the asbestos industry's legal arguments at trial.
Individual cases may be consolidated into multidistrict litigation to expedite the process. In 1991, for instance, one judge consolidated over 850 asbestos lawsuits involving power plants to facilitate the faster resolution of these cases. The defendants can appeal a verdict within 30 to 180 days, which can delay the payment of any money award until after the appeal has been resolved. A defendant could be required to pay a an amount of bond for any awards, based on the outcome of the appeal.
How to File a Claim
An asbestos lawyer can assist individuals and families file various types of asbestos claims. These claims may be for compensation to pay for funeral expenses, medical costs as well as lost income, loss of consortium, and pain and suffering. They may also seek restitution from companies that exposed workers to asbestos. They can also aid veterans apply for disability compensation with the Veteran's Administration.
A lawyer who is an expert in asbestos litigation can review your case free of charge to determine if there are legal options that are available. They can answer any questions you may have and provide you with the various legal procedures. They can often travel to your hospital or at home to meet with you and work on a contingency basis, so you will not be held accountable for any initial legal costs.
If a client engages an asbestos lawyer, he/ will need to ensure that the lawsuit is filed in line to the statute of limitations in force. The majority of states require victims to file an asbestos lawsuit within a few years of being diagnosed with mesothelioma, lung cancer, or an asbestos-related illness. It isn't always easy to determine when a person was exposed to asbestos, as the symptoms don't usually manifest until years after exposure. A lawyer for asbestos can help clients navigate the laws of their respective states and ensure that lawsuits are filed in time.
After submitting a complaint, mesothelioma lawyers will collect evidence in support of your claim. This includes records from the company and interviews conducted with your family members. They can also subpoena old documents from the asbestos companies, which could prove the negligence of the company.
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 involving grieving families, the survivors can seek compensation to help with emotional pain, funeral expenses, and loss companionship. They can also seek punitive damage against the asbestos company.
A good asbestos lawyer has the capability to quickly gain access to records from various states or asbestos companies, and can provide you with more legal options than local law firms. A national asbestos law firm's resources could give victims a better chance of winning substantial compensation.
Preparing for the Trial
Asbestos, a highly toxic mineral is used in industrial jobs for decades. Workers who were exposed to asbestos in shipbuilding, construction manufacturing of automobiles, shipbuilding, and other industries are often affected by serious illnesses such as mesothelioma, lung cancer asbestosis, or the pleural effusion (inflammation of the lung's lining). If you've been identified as suffering from a disease that is linked to asbestos exposure, you're entitled to 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 the businesses that are responsible for your exposure. A mesothelioma suit permits you to claim financial compensation for medical expenses, lost wages as well as pain and discomfort emotional distress, etc.
State statutes of limitations vary for personal injury and wrongful deaths lawsuits. It's important to have a mesothelioma attorney on your side to ensure you don't miss the deadline to file an claim.
Once the legal process has begun, your attorney will work on your behalf to look into and gather evidence. They will conduct an interview with you and any former landowners, employers, or any other persons involved in your exposure to asbestos. They will also review the specifics of your case to determine the extent, where, and when you were exposed.
Most asbestos cases are handled on a contingency basis which means that the attorney will take the a portion of any money you receive as compensation for representation. Your attorney will pay for all costs related to your case. If you win the case, they will be compensated by the winning party.
If you and your asbestos attorney can't agree on an hourly fee, you can hire another firm. The attorneys from the second law firm will need to sign a contract dividing the cost of work and fees.
In the majority of cases, compensation is granted to mesothelioma patients as well as their families when a jury decides that they are in their favor. However, many asbestos lawsuits settle outside of court. On average asbestos lawsuits that get an agreement that is successful pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can help their clients get compensation through either a settlement or successful trial decision. Compensation is determined by several factors, such as the length of exposure to asbestos and the frequency and severity of symptoms. flint asbestos attorney may include damages for pain and suffering, loss of income and future earnings as well as medical expenses including childcare, transportation and housekeeping.
A lawsuit involving asbestos could also result in compensation for deaths caused by negligence as well as money to pay for funeral expenses as well as other expenses relating to the death of loved relatives. In addition, family members may be entitled to compensation for the emotional stress and grief caused by the death of loved ones.
Attorneys with expertise in asbestos litigation can aid victims of mesothelioma lung cancer and other asbestos-related illnesses obtain compensation from responsible asbestos producers. Moreover, mesothelioma lawyers can provide assistance in filing claims with trust funds created by asbestos companies that have gone bankrupt.
It is often difficult to determine who is accountable for an asbestos-related illness due to the long time between the first exposure and the onset of symptoms. Evidence may also vanish or be lost with time, and asbestos businesses could be forced out of business. This makes the case more complicated.
The mesothelioma lawyer representing the plaintiff must identify all asbestos-related asbestos companies and asbestos products that are involved in the case before filing a lawsuit. A knowledgeable attorney can then conduct a thorough investigation of each asbestos manufacturer and asbestos product to ensure that all the relevant facts are available to the plaintiff in the case.
Belluck and Fox's asbestos attorneys have been holding negligent asbestos producers accountable for the hardworking workers who were exposed to this hazardous material. Through the years, they have been able to secure more than a billion dollars in compensation for their clients. The firm has achieved notable verdicts, including a $22 million award to an Navy veteran diagnosed with mesothelioma when repairing boilers on ships. They also won an $8 million verdict for a construction employee who died after being exposed asbestos in joint sealing compounds at the top of a Manhattan skyscraper.