An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can help victims of asbestos-related diseases. This includes asbestosis and mesothelioma as well as lung cancer.
Many firms offer free case reviews for mesothelioma sufferers. This allows you to learn about the process a company uses to handle the claims, and determine if they are right for you.
A lawsuit against an asbestos company could result in the payment of medical bills as well as lost wages and other expenses. The cost of litigation is high.
The history of asbestos law suits
Asbestos is a hazard naturally occurring mineral used for insulation and fire protection. For a long time it was employed in various manufacturing commercial, industrial, and settings in New York and across the across the country. Workers working in many of these facilities, such as shipyards, power plants and textile mills, were frequently exposed to asbestos. Some of these workers developed mesothelioma as well as other lung diseases directly connected to their asbestos exposure. A New York mesothelioma lawyer can help those affected receive the benefits 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 discovery triggered a flood of claims, which led to the emergence of asbestos manufacturers to file for bankruptcy. In the course of bankruptcy proceedings, these companies established asbestos trust funds to compensate victims and their families. The money that is paid to these trusts is now equal to hundreds of millions of dollars.
While Congress has attempted to pass legislation in order to settle the asbestos litigation process these bills have been unable to pass due to various reasons. For example they did not consider the treatment of mesothelioma sufferers who are recurrently suffering from their disease or who have passed away.
Another issue has been the asbestos defense industry's campaign to defame and undermine the scientific consensus that asbestos in all forms even at very low levels, can be responsible for inducing mesothelioma or lung cancer and other asbestos-related ailments. 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 speed up the process, individual cases can be consolidated into multidistrict litigation. In 1991, a judge consolidated over 850 asbestos lawsuits filed against power plants to speed up resolution of these cases. The defendants can appeal a verdict between 30 and 180 days. This will delay any financial award. A defendant may be required to pay a bond for any monetary awards, Asbestos Claim based on the outcome of the appeal.
Making a Claim
An asbestos lawyer can help families and individuals file various kinds of asbestos claims. These claims could be for reimbursement for funeral expenses, medical costs and lost income, as well as loss of consortium as well as pain and suffering and other damages. They may also seek restitution from businesses 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 specialized in asbestos litigation will review your case for free to determine if you are eligible for legal options. They can answer any questions you may have and explain the various legal procedures. They will often visit your home or hospital for a consultation. They work on a contingency basis which means you won't be responsible for any upfront legal fees.
If a client engages an asbestos lawyer, he/ must ensure that the lawsuit is filed in line with the statute of limitations applicable to. 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 disease. It can be difficult to determine the date a person was exposed to asbestos, as the symptoms are not likely to manifest until years after exposure. A lawyer for asbestos can help clients navigate the laws of their state and ensure that lawsuits are filed on time.
After submitting a complaint, a mesothelioma attorney will gather evidence to support your claim. This includes company records and even interviews conducted with your family members. They can also subpoena records from asbestos-related companies in order to show negligence.
An experienced asbestos attorney can also assist you in filing a wrongful death lawsuit when a loved one died from mesothelioma, or other asbestos-related illnesses. In a lawsuit involving the wrongful death of a loved one, survivors can seek compensation for emotional pain, funeral expenses, and loss of companionship. They may also seek punitive damages against the asbestos company.
An experienced asbestos lawyer has the ability to quickly get records from various states and Asbestos Claim companies. They can offer more legal options than any local law firm would provide. The resources offered by an asbestos law firm could also give victims a much better chance at winning significant compensation.
Prepare for the trial
Asbestos is a poisonous mineral that was extensively used in industrial settings. Workers exposed to asbestos in shipbuilding, construction auto manufacturing, shipbuilding, as well as other industries frequently suffer from severe illnesses like mesothelioma, lung cancer asbestosis or the pleural effusion (inflammation of the lung's lining). If you have been diagnosed with a condition that is related to asbestos exposure, you are entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can help you to file a personal injury or wrongful death lawsuit against companies that are responsible for your exposure. A mesothelioma case allows you to pursue financial compensation for medical expenses, lost wages or income, pain and suffering, emotional distress and other damages.
The statutes of limitations in each state differ for personal injury and wrongful deaths lawsuits. It is essential to have a mesothelioma lawyer on your side to ensure that you don't run out of time to file claims.
Once the legal process begins your lawyer will work on your behalf to look into and gather evidence. They will question you and any former employer, landowner, or other persons who may have been involved in your asbestos exposure. They will also examine the details of your situation to determine if, where, and when you were exposed.
Most asbestos case cases are handled on a contingency fee basis. This means that the attorney will receive a proportion of any amount you are paid. Your attorney will also take care of any expenses associated with your case in the event that you win any settlement or judgment, 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 a different firm. However, the lawyers in the second firm must agree to a contract for sharing the cost of work and fees.
In the majority of cases, compensation is granted mesothelioma victims and their families when a jury finds that they are in their favor. However many asbestos case lawsuits settle out of court. On average asbestos lawsuits that achieve an agreement that is successful pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can assist their clients receive compensation through either a settlement or successful trial decision. Compensation is based on many 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 pain and suffering as well as loss of income and future earnings, medical expenses, and household expenses such as childcare as well as housekeeping, transportation and childcare.
Compensation for claims of wrongful death can also be obtained through an asbestos lawsuit, which provides money to pay funeral costs and other expenses associated with the death of a loved one. Families could also be entitled to compensation due to the emotional distress that is caused by the death of an individual they love.
Attorneys with experience in asbestos litigation can assist victims of mesothelioma lung cancer, and other asbestos-related illnesses to seek compensation from responsible asbestos producers. Mesothelioma attorneys can also help make claims using trust funds established by asbestos legal companies who went bankrupt.
The time interval between first exposure to asbestos and the beginning of disease can make it difficult to determine which defendants were responsible for the asbestos-related illness. Additionally, evidence can disappear or be destroyed in time, and asbestos companies can cease to be in business, which could complicate the matter even more.
The lawyer representing mesothelioma plaintiffs must determine all possible asbestos manufacturers and asbestos products that are involved in the case before submitting an action. An experienced attorney will conduct an exhaustive investigation of every asbestos product and asbestos manufacturer to ensure the case contains all the facts.
Belluck and Fox's asbestos attorneys have been holding negligent asbestos manufacturers accountable for the hardworking people they exposed to this dangerous material. Over the years they have been able to secure more than one billion dollars in compensation for their clients. The firm has won significant verdicts, such as the $22 million verdict for an Navy veteran who contracted mesothelioma from repairing boilers on ships. There was also an $8 million verdict for a construction worker who died due to asbestos exposure in joint-sealing compounds at an Manhattan high-rise.
