An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos attorney can help victims of asbestos-related diseases. This includes asbestosis, mesothelioma and lung cancer.
Many companies offer a no-cost case review for patients with mesothelioma. This will let you find out how a company handles these claims and determine if they're the right fit for you.
A lawsuit against an asbestos company could result in reimbursement for medical expenses or lost wages, among other expenses. It is costly to litigate.
The History of Asbestos Lawsuits
Asbestos is a hazard naturally occurring mineral that is used for insulation and fire resistance. It was utilized for a long time in New York, as well as in other parts of the country, in industrial, manufacturing and commercial settings. Many of these establishments, including power plants, textile mills, and shipyards, exposed workers significant amounts of asbestos regularly. Some of the workers were diagnosed with mesothelioma and other lung diseases directly related to their exposure to asbestos. A New York mesothelioma lawyer can help those affected receive the compensation they are entitled to.
When the first lawsuits were filed in the late 1960s, scientists confirmed what they had long suspected - that exposure causes lung damage and diseases. 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 the families of victims. The amount of money that was deposited into these trusts now in the hundreds of millions of dollars.
Although Congress has attempted to pass legislation to resolve the asbestos litigation issue, the bills have stalled due to a variety of reasons. For example, they did not address the treatment options for mesothelioma victims who have recurrences illness or are deceased.
Another issue has been the asbestos defense industry's attempt to discredit and undermine the scientific consensus that all forms of asbestos case even at low levels, can be responsible for creating mesothelioma, lung cancer and other asbestos-related diseases. These campaigns have included securing funding and publishing papers in scientific journals that aim to assist the asbestos industry's legal arguments in trial.
To accelerate the process, individual cases can be consolidated to multidistrict litigation. In 1991, a judge consolidated 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 will delay any financial award. A defendant may be required to provide a bond for any money awards, based on the outcome of the appeal.
Making a Claim
An asbestos lawyer can help families and individuals with filing different types of asbestos claims. These claims can be for compensation to pay for funeral expenses, medical expenses lost income loss of consortium and pain and suffering. They can also seek restitution from companies that 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 will examine your case for free to determine if there are any legal options that are available. They can answer your questions and explain the various legal procedures. They can come to your workplace, hospital or home for a consultation. They are paid on a recurring basis, meaning that you don't have to pay any upfront legal fees.
When a client hires an asbestos attorney they must ensure that the lawsuit is filed within the correct deadline. Many states require that victims submit a lawsuit against asbestos within a couple of years of being diagnosed with mesothelioma, lung cancer, or another asbestos-related illness. It isn't always easy to determine whether a person has been exposed to asbestos since the symptoms are not likely to appear until decades after exposure. An experienced asbestos lawyer can assist clients in understanding their state's specific laws and ensure that the suit is filed on time.
After filing the complaint, mesothelioma lawyers will collect evidence to support your claim, including company records as well as interviews with family members. They can also subpoena documents from asbestos companies to demonstrate negligence.
An experienced asbestos lawyer can also assist you with filing a wrongful death suit if a loved one has died from mesothelioma, or other asbestos-related illnesses. In a lawsuit for wrongful death, survivors can seek compensation for funeral expenses, emotional distress as well as loss of companionship. They may also seek punitive damages against the asbestos-related company.
A reputable asbestos lawyer has the capacity to quickly access records from different states or asbestos companies and can offer you more legal options than local law firms. The resources offered by an asbestos law firm will provide victims with a greater chance of winning substantial compensation.
Preparing for Trial
Asbestos, a highly toxic mineral has been employed in industrial work for decades. Workers exposed to asbestos in construction, shipbuilding, automobile manufacturing, and other industries are often affected by serious illnesses such as mesothelioma and lung cancer, asbestosis or 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 are entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can help you make a claim for personal injury or wrongful deaths against the businesses responsible for your exposure. A mesothelioma case will allow you to receive financial compensation for medical expenses loss of wages or income, pain and discomfort, emotional distress, etc.
The statutes of limitations vary in each state for personal injury and wrongful death lawsuits. You require a seasoned mesothelioma lawyer to make sure that you don't exceed the deadline to file a claim.
When the legal process starts your lawyer will begin working on your behalf to look into and gather evidence. They will conduct interviews with you and your former landowner, employer, or other persons who may have been involved in your asbestos exposure. They will also examine the details of your situation to determine if the location, when, and where you were exposed.
The majority of asbestos cases are dealt with on a contingency basis. This means that your attorney will get a portion of whatever compensation you receive. Your attorney will take care of all costs related to your case. If you win you will be paid by the winning party.
If you and your asbestos lawyer can't come to an agreement on a contingent payment you may choose to hire an alternative firm. The attorneys of the second law firm will have to sign a written contract dividing the costs and work.
Typically, mesothelioma patients and their family members are awarded compensation after obtaining the verdict of a jury in favor of the plaintiff. Many asbestos lawsuits are settled out of court. Asbestos lawsuits that succeed will pay between $1 million and $1.4 millions to victims.
Going to Trial
Asbestos lawyers can assist their clients recover compensation via either a settlement or a successful trial verdict. Compensation is based on several factors, such as the length of exposure to asbestos, as well as the severity and frequency of symptoms. Asbestos lawsuits can result in damages for suffering and pain, lost income and future earnings, as also medical expenses and childcare, transportation and housekeeping.
Compensation for wrongful death claims can also be obtained through an asbestos lawsuit which will pay for funeral costs and other expenses that come with the loss of a loved one. Families could also be entitled to compensation for the emotional pain caused by the loss of a loved one.
Lawyers who have expertise in asbestos litigation can assist victims of mesothelioma lung cancer, and other asbestos-related illnesses to seek compensation from responsible asbestos manufacturers. Moreover, mesothelioma lawyers can assist in filing claims with trust funds established by asbestos companies that have gone bankrupt.
The passage of decades between the time of exposure to asbestos and the beginning of disease can make it difficult to determine which defendants are responsible for an asbestos-related disease. Additionally, evidence can disappear or be lost over time and asbestos companies can cease to be in business, thereby complicating the case even further.
In the event of filing an asbestos lawsuit the plaintiff's mesothelioma lawyer should be aware of every possible asbestos manufacturer and asbestos product involved in the claim. 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 manufacturers accountable for the countless people who were exposed to this harmful substance. Through the years they have managed to secure more than a billion dollars in compensation for their clients. The firm has secured notable verdicts, such as an award of $22 million for an Navy veteran who contracted mesothelioma following the repair of boilers on ships, and an $8 million verdict for an employee of a construction company who died from asbestos exposure joint-sealing materials at an Manhattan high-rise.
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