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 and mesothelioma as well as lung cancer.
Many firms offer a complimentary case review for mesothelioma patients. This allows you to learn about the process a company uses to handle the claims, and determine if they are the right choice for you.
A lawsuit against an asbestos company can result in settlement for medical bills or lost wages, among other expenses. Litigation is expensive.
The history of asbestos law suits
Asbestos can be a risky naturally occurring mineral used for fireproofing and insulation. It was utilized for a long time in New York, as well as other areas of the country in industrial, manufacturing and commercial environments. Many of these facilities, such as textile mills, power plants, and shipyards, exposed workers to substantial amounts of asbestos regularly. Some of them later developed mesothelioma or other lung diseases directly related to their exposure. People who are affected should consult an experienced New York mesothelioma attorney to assist them in obtaining the compensation they're due.
Researchers proved what a lot of people believed to be true, that exposure to asbestos can cause lung disease and damage. This knowledge spurred a wave of claims, which led to the emergence of asbestos companies to declare bankruptcy. In the bankruptcy proceedings, these companies established asbestos trust funds for victims and their families. The amount of money that was transferred into these trusts is now in the hundreds of millions of dollars.
While Congress has tried to pass legislation in order to settle the asbestos litigation process these bills have been unable to pass due to a variety of reasons. For example they did not consider how to treat mesothelioma patients who are recurrently suffering from their illness or who are deceased.
The asbestos defense industry has also been a roadblock in its attempt to discredit the scientific consensus that asbestos, even when it is at low levels is a risk factor for mesothelioma or lung cancer. The campaigns have included funding and publishing articles in scientific journals that aim to support the asbestos industry's legal arguments in trial.
To speed up the process to speed up the process, individual cases can be consolidated into multidistrict litigation. In 1991, a judge combined over 850 asbestos lawsuits filed against power plants to speed up the resolution of these cases. Plaintiffs are permitted to appeal a verdict within 30 to 180 days, which can delay the payment of any money award until after the appeal is decided. A defendant could be required to pay a an amount of bond for any award, contingent on the outcome of an appeal.
Filing a Claim
An asbestos lawyer can aid families and individuals with filing various types of asbestos claims. These claims can be for compensation for funeral expenses, medical expenses lost income, loss of consortium, and pain and suffering. They can also sue companies that exposed asbestos workers. 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 review your case for free to determine if you have any legal options. They can answer any questions you may have and provide you with the various legal procedures. They can often travel to your home or hospital to meet with you and work on a contingency basis which means that you won't be held accountable for any upfront legal fees.
When a client hires an asbestos lawyer they must ensure that the lawsuit is filed within the appropriate deadline. Most states require asbestos victims to submit a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It isn't easy to know whether a person has been exposed to asbestos because 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 lawsuit is filed on time.
After filing the complaint, an attorney for mesothelioma will gather evidence to support your claim. This includes company records and interviews with your family members. They can also request old documents from asbestos companies that might prove negligence.
An experienced asbestos lawyer can also assist you in filing the wrongful-death suit in the event that a loved one has died from mesothelioma or other asbestos-related illnesses. In a case for the wrongful death of a loved one, survivors can seek compensation to help with emotional pain, funeral expenses and loss of companionship. They can also seek punitive damages against asbestos companies.
A good asbestos lawyer will have the ability to quickly access documents from various states and asbestos companies. They can provide you with more legal options than local law firms. A national asbestos law firm's resources give victims a better chance of obtaining a substantial amount of compensation.
Preparing for the trial
Asbestos is a poisonous mineral that was used for a long time in the workplace. lewisville asbestos law firm exposed to asbestos in the construction, shipbuilding and automobile manufacturing industries, among others, often suffer from serious illnesses like mesothelioma (lung cancer) asbestosis, the pleural effusion (inflammation of lungs' lining). If you've been diagnosed as having a disease related to asbestos exposure, then you're entitled compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can help you bring a suit for personal injury or wrongful death against the companies responsible for your exposure. A mesothelioma claim allows you to receive financial compensation for medical expenses loss of wages or income, pain and discomfort, emotional distress, etc.
State statutes of limitations vary for personal injury and wrongful death lawsuits. It is essential to have a seasoned mesothelioma lawyer by your side to ensure that you don't run out of time to file a claim.
Once the legal process has begun, your attorney will work on your behalf to look into and gather evidence. They will question you and any former landowner, employer or other party who could have been involved in your asbestos exposure. They will also investigate the specifics of your case to determine if you were exposed, where, and when you were exposed.
The majority of asbestos cases are dealt with on a contingency-fee basis, meaning that the attorney will receive part of any compensation you receive as compensation for representation. Your attorney will also pay all costs associated with your case, and if you win a judgment or settlement, they will collect their fees from the winning party.
If you and your asbestos attorney are unable to reach an agreement on a contingency fee you may choose to hire another firm. However, the attorneys in the second firm must sign a contract stating that they will share the costs and work.
Usually, mesothelioma sufferers and their families are awarded compensation after obtaining the verdict of a jury in favor of the plaintiff. However many asbestos lawsuits settle out of court. On average asbestos lawsuits that get a successful outcome pay out between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers are able to help their clients obtain compensation through either a settlement or successful trial decision. Compensation is determined by several factors, including the duration of exposure to asbestos, as well as the severity and frequency of symptoms. Asbestos lawsuit compensation can include damages for physical suffering and pain, loss of income and future earnings, medical expenses as well as household expenses such as childcare transport, housekeeping and transportation.
Compensation for wrongful deaths can also be obtained through an asbestos lawsuit, which provides money to pay funeral costs and other expenses associated with the loss of a loved one. Additionally family members could be entitled to compensation for the emotional stress and grief triggered by the passing of loved ones.
Attorneys with experience in asbestos litigation are able to aid victims of mesothelioma lung cancer, and other asbestos-related illnesses obtain compensation from responsible asbestos manufacturers. Mesothelioma lawyers are also able to help file claims with trust funds created by asbestos-related companies that have gone bankrupt.
The years between the first exposure to asbestos and the onset of disease can make it difficult to determine who were responsible for an asbestos-related disease. Furthermore, evidence could disappear or be destroyed in time, and asbestos companies may cease to be in business, which complicates the case even further.
In the event of making an asbestos lawsuit, the plaintiff's mesothelioma lawyer should determine the asbestos-related asbestos product and asbestos manufacturer involved in the case. An experienced attorney will conduct an exhaustive investigation of every asbestos product and asbestos manufacturer to ensure that the case is based on all facts.
For decades, mesothelioma attorneys at Belluck & Fox have held negligent asbestos manufacturers accountable for the hardworking workers who were exposed to this harmful substance. Over 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 $22million award to an Navy veteran diagnosed with mesothelioma during the repair of boilers on ships. It also secured an $8million verdict for a construction worker who died after being exposed asbestos in joint sealing compounds in a Manhattan skyscraper.