An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos attorney can help victims of asbestos-related illnesses. This includes asbestosis, mesothelioma and lung cancer.
Many firms offer a complimentary case review for patients with mesothelioma. This gives you the opportunity to learn about how a particular company handles the claims, and determine if they are the right choice for you.
A lawsuit against a company which manufactures asbestos may result in compensation for medical bills, lost wages, and other costs. Litigation is expensive.
The History of Asbestos Lawsuits
Asbestos, a naturally occurring mineral is used as an insulator and fire-resistant material. It was used for decades in New York, as well as other regions of the nation, in industrial, manufacturing and commercial environments. Many of these establishments, including textile mills, power plants, and shipyards, exposed workers large amounts of asbestos regularly. Some of the workers were diagnosed with mesothelioma and other lung diseases that were directly related to their exposure to asbestos. A New York mesothelioma lawyer can help those affected receive the compensation they're entitled to.
Researchers proved what a lot of people suspected, that asbestos exposure can cause lung damage and cause lung diseases. This knowledge spurred a wave of claims that led to dozens of asbestos producers to file for bankruptcy. In bankruptcy proceedings these companies established asbestos trust funds for victims and their families. The money deposited to these trusts is now equal to hundreds of millions of dollar.
Congress has tried to pass legislation in order to settle the asbestos litigation. However, these bills have failed due to a variety reasons. For example they did not consider the treatment options for mesothelioma victims who are recurrently suffering from their illness or are deceased.
Another roadblock has been the asbestos defense industry's effort to defame and undermine the scientific consensus that all forms of asbestos even at low levels, are capable of producing mesothelioma and lung cancer, and other asbestos-related illnesses. These campaigns include obtaining funding and publishing articles designed to back the asbestos industry's arguments in court.
To accelerate the process, individual cases can be combined into multidistrict litigation. In 1991, a judge condensed 850 asbestos lawsuits against power plants to speed up resolution of these cases. The defendants are able to appeal a verdict within 30 to 180 days, which can delay the payment of any money award until after the appeal has been completed. Based on the outcome of the appeal, the defendant may be required to sign a bond for any monetary award received.
The process of filing a claim
An asbestos lawyer can assist individuals and families in filing various asbestos claims. These claims may be for reimbursement for funeral expenses, medical costs and lost income, as well as loss in consortium in consortium, pain and suffering and other damages. They can also seek restitution from businesses who exposed workers to asbestos. They may also assist veterans make a claim to the Veteran's Administration for disability compensation.
A lawyer who is an expert in asbestos litigation will evaluate your case for free to determine if there are legal options that are available. They will be able to answer your questions and explain the various legal procedures. They are often able to travel to your hospital or home to consult and operate on a contingency fee which means that you won't be held accountable for any upfront legal fees.
When a client engages an asbestos lawyer they must ensure the lawsuit is filed within the appropriate statute of limitations. Most states require victims to make an asbestos lawsuit within a few years of being diagnosed with mesothelioma, lung cancer or another asbestos-related disease. It can be difficult to determine if a person has been exposed to asbestos as the symptoms usually don't show until a long time later. An experienced asbestos attorney can help clients navigate the laws specific to their state and ensure that the suit is filed on time.
After filing the complaint a mesothelioma lawyer will gather evidence to back your claim, such as company records and interviews with family members. They can also subpoena records from asbestos companies to demonstrate negligence.
An experienced asbestos lawyer can also help you file a wrongful death suit when a loved-one has died from mesothelioma or other asbestos-related diseases. In a lawsuit for wrongful death, survivors can seek compensation to cover emotional pain, funeral expenses and loss companionship. They can also demand punitive damages from the asbestos-related company.
A good asbestos lawyer has the resources to quickly access documents from various states or asbestos companies, and can offer you more legal options than local law firms. The resources offered by an asbestos law firm will also give victims a much greater chance of winning significant compensation.
Prepare for the trial
Asbestos is a noxious mineral that was extensively used in industrial jobs. People who are exposed to asbestos in shipbuilding, construction, automobile manufacturing, and other industries typically suffer from serious diseases like mesothelioma and lung cancer, asbestosis, or the pleural effusion (inflammation of the lung's lining). If you have been diagnosed as suffering from a disease that is linked to asbestos exposure, then you're entitled compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer will help you bring a suit for personal injury or wrongful deaths against the companies that are accountable for your exposure. A mesothelioma claim lets you receive financial compensation for medical costs as well as lost wages, pain and discomfort, emotional distress, and more.
State statutes of limitations vary for personal injury and wrongful deaths lawsuits. It is essential to have an experienced mesothelioma lawyer by your side to ensure you don't run out of time to file an action.
Your attorney will investigate and collect evidence on your behalf once the legal process has started. They will speak with you and your former landowner, employer or other party who could have been involved in your asbestos exposure. They will also look into the details of your case to determine if you were exposed, where, and when you were exposed.
Most asbestos cases are handled using a contingency-fee basis. This means that the attorney will receive a proportion of any compensation you receive. Your attorney will pay for all costs associated with your case. If you win and are awarded the money by the winning party.
If you and your asbestos attorney cannot come to an agreement on the amount of a contingency fee and you want to hire a different firm. The attorneys of the second law firm will need to sign a contract that divides the work and costs.
Typically, mesothelioma victims and their families receive compensation when they win the verdict of a juror in favor of the plaintiff. However many asbestos lawsuits are settled out of court. On skokie asbestos attorneys that get a successful outcome pay out between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can help their clients obtain compensation by getting a settlement or winning a court. Compensation is based on many factors, including the duration of exposure to asbestos and the severity and frequency of symptoms. Asbestos lawsuits may award damages for physical pain and suffering loss of income as well as 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 will pay for funeral costs as well as other expenses associated with the loss of a loved one. Families may also be entitled to compensation as a result of the emotional stress caused by the passing of an individual they love.
Lawyers who have experience in asbestos litigation can help victims of mesothelioma, lung cancer and other asbestos-related illnesses seek compensation from responsible asbestos producers. Mesothelioma lawyers can help to file claims using trust funds that were set up by asbestos-related companies that went bankrupt.
It can be difficult to determine who is accountable for an asbestos-related disease due to the long period between exposure and the an onset of symptoms. In addition, evidence may disappear or be destroyed over time and asbestos firms can go out of business, which could complicate the case further.
In the event of making an asbestos lawsuit, the mesothelioma attorney representing the plaintiff must be aware of every possible asbestos-related asbestos product and asbestos manufacturer involved in the claim. An experienced attorney will conduct a thorough investigation of each asbestos manufacturer and product to ensure that all the relevant facts are available to the court.
For decades, mesothelioma lawyers at Belluck & Fox have held negligent asbestos producers accountable for the countless people exposed to this deadly substance. Over the years they have been able to secure more than a billion dollars in compensation for their clients. The firm has secured notable verdicts, such as a $22 million settlement for a Navy veteran who contracted mesothelioma after repairing boilers on ships. There was also an $8 million verdict for the death of a construction worker from exposure to asbestos in joint-sealing compounds at a Manhattan high rise.