An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A knowledgeable asbestos lawyer can assist those suffering of asbestos-related diseases. This includes asbestosis and mesothelioma as well as lung cancer.
Many companies offer a free case review for patients with mesothelioma. This will let you see how a firm deals with these claims and determine if they're the right fit for your.
A lawsuit against an asbestos-related firm can result in compensation for medical bills or lost wages, among other costs. The cost of litigation is high.
The history of asbestos law suits
Asbestos is a mineral that occurs naturally is utilized as an insulator and a fire-resistant material. For a long time it was employed in various manufacturing, industrial, and commercial settings in New York and across the country. Many of these facilities, including power plants, textile mills and shipyards, exposed workers massive amounts of asbestos regularly. Some of these workers developed mesothelioma and other lung diseases directly connected to their exposure to asbestos. A New York mesothelioma lawyer can assist those affected to receive the benefits they are entitled to.
As the first lawsuits were filed in the latter half of 1960, scientists confirmed what they had long believed - that exposure to asbestos causes lung damage and disease. This information triggered a wave of claims that led dozens of asbestos producers to declare bankruptcy. As part of their bankruptcy procedures, these companies set up asbestos trust funds to compensate victims and their families. The amount that was transferred into these trusts is in the hundreds of millions of dollars.
Congress has tried to pass legislation to resolve the asbestos litigation. However the bills have failed due to a variety reasons. For example they didn't address how to treat mesothelioma patients who are suffering from recurrences of their illness or who are deceased.
Another obstacle has been the asbestos defense industry's attempt to discredit and undermine the scientific consensus that all forms of asbestos even at very low levels, are capable of producing mesothelioma and lung cancer and other asbestos-related diseases. These campaigns have included financing and publishing papers in scientific journals which are designed to aid the asbestos industry's legal arguments at trial.
Individual cases can be combined into multidistrict litigations to speed the process. In 1991, for instance one judge consolidated 885 asbestos lawsuits against power plants to allow for faster resolution of those cases. The defendants are able to appeal a decision between 30 and 180 days. This can delay any monetary award. A defendant could be required to make a bond for any monetary awards, based on the outcome of an appeal.
Filing a Claim
An asbestos lawyer can help individuals and families in filing various asbestos claims. These claims can be for reimbursement for medical expenses, funeral fees, lost income, loss in consortium, pain and suffering, and other damages. They can also sue companies that exposed asbestos workers. They may also help veterans make a claim to 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 available. medford asbestos law firm can explain the different legal processes and answer any questions you have. They are often able to travel to your hospital or at home to meet with you and are on a contingency basis which means you won't be responsible for any upfront legal fees.
If a client employs an asbestos attorney, they must make sure that the lawsuit is filed within the appropriate time frame. Most states require victims to start a lawsuit for asbestos within a few years after being diagnosed with mesothelioma lung cancer or another asbestos-related disease. It isn't easy to know the time a person was exposed to asbestos, since the symptoms usually do not show up for decades after exposure. An experienced asbestos attorney can assist clients with understanding the specific laws in their state and ensure that the lawsuit is filed in a timely manner.
After filing the complaint an attorney for mesothelioma will gather evidence to support your claim. This includes company records and interviews with family members. They may also request documents from asbestos-related companies in order to show negligence.
An experienced asbestos attorney can also help you file a wrongful death lawsuit in the event that a loved one has passed away from mesothelioma or any other asbestos-related diseases. In a lawsuit for wrongful death, survivors can seek compensation to cover funeral expenses, emotional distress and loss of companionship. They may also demand punitive damages from the asbestos company.
An experienced asbestos attorney can quickly access records from various states and asbestos companies. They can provide you with more legal options than a local law firm could offer. A national asbestos law firm's resources can provide victims with a greater chances of winning a substantial settlement.
Preparing for the trial
Asbestos is a very toxic mineral has been employed in industrial settings for many years. Workers exposed to asbestos in the construction, shipbuilding and automobile manufacturing industries among others, frequently suffer from serious illnesses like mesothelioma (lung cancer) as well as asbestosis or Pleural effusion (inflammation of the lining of the lungs). If you've been diagnosed as having a disease related to asbestos exposure, you're entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can assist you make a personal injury claim or wrongful-death lawsuit against the businesses accountable for your exposure. A mesothelioma case lets you receive financial compensation for medical expenses and lost wages, pain and discomfort, emotional distress, etc.
The statutes of limitations differ in each state for personal injury and wrongful death lawsuits. It is essential to have a mesothelioma lawyer on your side to ensure that you don't miss the deadline to file an claim.
Your lawyer will conduct an investigation and gather evidence on behalf of you once the legal process has started. They will conduct interviews with you and any former employer, landowner, or other persons who may have been involved in your asbestos exposure. They will also review 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-fee basis, meaning that the attorney will receive part of any compensation you receive as your representation. Your attorney will take care of all expenses associated with your case. If you win and are awarded the money by the winning party.
If you and your asbestos attorney can't come to an agreement on an hourly fee then you can choose to work with a different firm. However, the attorneys in the second firm must sign a contract to share the work and fees.
Typically, mesothelioma patients and their families are awarded compensation by winning an appeals court verdict in favor of the plaintiff. Many asbestos lawsuits are settled outside of court. Asbestos lawsuits that are successful settle between $1 million to $1.4 millions to victims.
Going to Trial
Asbestos lawyers can assist their clients obtain compensation by either winning or settling a case. Compensation is contingent on a variety of factors, including the length of time and the type of asbestos exposure and degree of symptoms. Asbestos lawsuit damages can include damages for pain and suffering, lost income and future earnings, as along with medical expenses as well as transportation, childcare, and housekeeping.
Compensation for wrongful death claims can also be obtained through an asbestos lawsuit which will pay for funeral costs and other expenses associated with the death of loved ones. Families may also be entitled to compensation for the emotional pain caused by the passing of an individual they love.
Lawyers with experience in asbestos litigation can assist victims of mesothelioma, lung cancer and other asbestos-related diseases seek compensation from asbestos producers. Additionally, mesothelioma lawyers are able to provide assistance in filing claims with trust funds set up by asbestos companies that have gone bankrupt.
It can be difficult to determine who is the person responsible for an asbestos-related disease due to the long time between the first exposure and the an onset of symptoms. Evidence may also vanish or be lost over time, and asbestos-related companies could go out of business. This makes the case more complicated.
The mesothelioma lawyer representing the plaintiff must identify all asbestos-related asbestos companies and asbestos products that are involved in the case before filing an action. A knowledgeable attorney can then conduct a thorough analysis of each asbestos-related manufacturer and product to ensure that all relevant information is provided to the court.
Belluck & Fox's asbestos lawyers have been holding negligent asbestos manufacturers accountable for the hardworking employees exposed to the dangerous material. This has helped them secure more than $1 billion in compensation for their clients over the years. The firm has won significant verdicts, such as a $22 million settlement for a Navy veteran who contracted mesothelioma following the repair of boilers on ships, and an $8 million verdict for the death of a construction worker from exposure to asbestos in joint-sealing compounds at a Manhattan high rise.