An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can assist victims of asbestos-related illnesses. These include mesothelioma and asbestosis, as well as lung cancer.
Many companies offer a free case review for mesothelioma patients. This gives you the opportunity to learn about the process a company uses to handle these claims and then decide if they are right for you.
A lawsuit against an asbestos-related firm can result in compensation for medical bills, lost wages and other expenses. However, litigation can be costly.
The History of Asbestos Lawsuits
Asbestos is a hazardous naturally occurring mineral used for insulation and fire protection. For many years it was utilized in various manufacturing, industrial, and commercial 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. A few of them later developed mesothelioma or other lung diseases that are directly related to their exposure. Those affected should hire an expert New York mesothelioma attorney to assist them in obtaining the compensation they deserve.
As the first lawsuits were filed in the latter half of 1960, scientists confirmed what they had long suspected - that exposure causes lung damage and diseases. This information triggered a wave of claims that led to dozens of asbestos producers to declare bankruptcy. As part of their bankruptcy procedures, these companies set up asbestos trust funds to pay the victims and their families. The money deposited to these trusts is now equal to hundreds of millions of dollars.
Although Congress has attempted to pass legislation to end the asbestos litigation process, the bills have stalled due to many reasons. They didn't address for instance, how to treat patients with mesothelioma who have recurrences or are deceased.
Another issue has been the asbestos defense industry's attempt to undermine and discredit the scientific consensus that asbestos in all forms, even at low levels, can be responsible for creating mesothelioma, lung cancer and other asbestos-related diseases. These campaigns have included financing and publishing articles in journals with scientific content which are designed to aid the asbestos industry's legal arguments during trial.
Individual cases may be consolidated into multidistrict litigation in order to speed up the process. In 1991, for example, one judge consolidated 885 asbestos lawsuits against power plants to allow for faster resolution of these cases. The defendants can appeal a verdict between 30 and 180 days. This will delay any financial award. A defendant could be required to pay a bonds for any award, contingent on the outcome of the appeal.
The process of filing a claim
An asbestos lawyer can help families and individuals to file different types of asbestos claims. tustin asbestos attorney can be for compensation to cover funeral expenses, medical costs as well as lost income, loss of consortium, and suffering and pain. They may also sue companies for exposing asbestos workers. They can also help veterans make a claim for disability compensation through the Veteran's Administration.
A lawyer who is an expert in asbestos litigation will review your case at no cost to determine if there are any legal options that are available. They can help you understand the various legal procedures and answer any questions that you have. They may visit your hospital or at home for a consultation. They offer their services on a contingent basis and therefore you won't be liable for any upfront legal costs.
If a client employs an asbestos attorney, they must make sure that the lawsuit is filed within the correct time frame. Most states require asbestos-related victims to submit a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It can be hard to determine if an individual has been exposed to asbestos since the symptoms aren't always apparent until decades later. A lawyer for asbestos can help clients navigate the laws of their state and ensure that the lawsuits are filed at the right time.
After filing a complaint, an attorney for mesothelioma will seek evidence to support your claim. This includes company records and interviews conducted with your family members. They can also subpoena old documents from the asbestos-related companies that could reveal negligence.
An experienced asbestos lawyer can also assist you with filing the wrongful-death suit when a loved-one has died from mesothelioma, or other asbestos-related diseases. In a case for victims of wrongful deaths, survivors may seek compensation to help with funeral expenses, emotional distress, and loss companionship. They may also seek punitive damages against asbestos companies.
A good asbestos lawyer has the capability to quickly access documents from different states and asbestos companies. They can offer you more legal options than local law firms. The national resources of an asbestos law company can provide victims with a better chance at winning significant compensation.
Preparing for the trial
Asbestos, a toxic mineral, which was used for many years in industrial settings. Workers exposed to asbestos in the shipbuilding, construction and automotive manufacturing industries as well as other industries, are often suffering from severe illnesses such as mesothelioma (lung cancer) asbestosis, the pleural effusion (inflammation of the lining of your lungs). If you have been diagnosed with an illness related to asbestos exposure, you're entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can help you make a personal injury claim or wrongful death suit against the companies accountable for your exposure. A mesothelioma suit permits you to claim financial compensation for medical expenses loss of wages, pain and discomfort, emotional distress, etc.
The statutes of limitation vary in each state for personal injury and wrongful death lawsuits. It's important to have a seasoned mesothelioma attorney on your side to ensure that you don't miss the deadline to file claims.
When the legal process is initiated the attorney will work on your behalf to look into and gather evidence. They will interview both you and any former employer, landowner or other parties who may have been involved in your asbestos exposure. They will also look into the details of your situation to determine the extent, where, and when you were exposed.
The majority of asbestos cases are dealt with on a contingency basis which means that the attorney takes part of any compensation you receive for your representation. Your attorney will take care of all expenses associated with your case. If you win you will be paid by the winning party.
If you and your asbestos attorney cannot come to an agreement over a contingency fee you may choose to hire a different firm. The attorneys in the second law firm will have to sign a contract that divides the work and costs.
In most instances, compensation is paid to mesothelioma sufferers and their families when a jury comes in their favor. However many asbestos lawsuits settle outside 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 can assist their clients obtain compensation by settlement or winning a trial. Compensation is based on several factors, such as the length of exposure to asbestos as well as the frequency and severity of symptoms. Asbestos lawsuits can result in damages for suffering and suffering, lost income and future earnings, as also medical expenses and childcare, transportation and housekeeping.
Compensation for wrongful deaths can be obtained through an asbestos lawsuit which provides money to pay funeral expenses and other costs associated with the death of loved ones. Families may also be entitled to compensation due to the emotional pain that is caused by the death of or loss of a loved one.
Attorneys with asbestos litigation experience can assist victims of mesothelioma, cancer of the lung and other asbestos-related ailments seek compensation from asbestos manufacturers. Mesothelioma lawyers are also able to help to file claims using trust funds established by asbestos companies who went bankrupt.
The passage of decades between the first exposure to asbestos and the onset of illness can make it difficult to determine who were the ones responsible for an asbestos-related disease. In addition, evidence may disappear or be lost as time passes and asbestos companies can cease to be in business, which could complicate the matter even more.
In the event of filing an asbestos lawsuit, the mesothelioma attorney representing the plaintiff must identify every potential asbestos manufacturer and asbestos product that could be involved in the lawsuit. A knowledgeable attorney can conduct a thorough investigation into each asbestos-related manufacturer and product to ensure that all the relevant facts are in the court.
For decades, mesothelioma lawyers at Belluck & Fox have held negligent asbestos manufacturers accountable for the hardworking individuals exposed to the dangerous substance. This has allowed them to secure more than $1 billion in compensation for their clients over the years. The firm has secured notable verdicts, including a $22million award for a Navy veteran diagnosed with mesothelioma while working on boilers on ships. They also won an $8million verdict for a construction worker who died after being exposed to asbestos in joint sealing compounds at a Manhattan skyscraper.