An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos attorney can help victims of asbestos-related diseases. These include mesothelioma and asbestosis, as well as lung cancer.
Many firms provide free case reviews for mesothelioma sufferers. This allows you to learn about how a particular company handles the claims, and determine if they are right for you.
A lawsuit against a company that produces asbestos could result in compensation of medical expenses, lost wages, and other costs. The cost of litigation is high.
The History of Asbestos Lawsuits
Asbestos, a naturally occurring mineral is utilized as an insulator and fire-resistant material. It was widely used in New York, as well as other areas of the country in industrial, manufacturing and commercial environments. Workers working in many of these facilities, such as shipyards, power stations and textile mills, were frequently exposed to asbestos. Some of those workers developed mesothelioma or other lung diseases that were directly related to their asbestos exposure. Those affected should hire an skilled New York mesothelioma attorney to help them receive the compensation they're due.
As the first lawsuits were filed in the late 1960s, researchers confirmed what they had long believed - that exposure to asbestos causes lung damage and diseases. This revelation triggered a flurry of claims, which led to the emergence of asbestos companies to file for bankruptcy. In bankruptcy proceedings the companies set up asbestos trust funds for the families of victims. The amount that was deposited to these trusts is currently in the hundreds of millions of dollars.
Congress has tried to pass legislation in order to settle the asbestos litigation. However the bills have not passed due to a variety of reasons. For instance they did not consider the treatment options for mesothelioma patients who are suffering from recurrences of their disease or who have passed away.
The asbestos defense industry is also a major obstacle in its attempt to discredit the scientific consensus that asbestos, even when it is at low levels can cause mesothelioma and lung cancer. These campaigns include funding and publishing research designed to back the asbestos industry's arguments in court.
To accelerate the process the individual cases can be consolidated to multidistrict litigation. In 1991, a judge consolidated 850 asbestos lawsuits against power plants to speed the resolution of these cases. Defendants can appeal a verdict between 30 and 180 days. This can delay any financial award. Depending on the outcome of the appeal the defendant may end up being required to post a bond for any monetary award received.
Filing a Claim
An asbestos lawyer can help families and individuals file various kinds of asbestos claims. These claims could include compensation for medical expenses, funeral costs lost income, loss of consortium, and pain and suffering. They may also seek restitution from businesses that exposed workers to asbestos. They can also aid veterans make a claim for disability compensation through the Veteran's Administration.
A lawyer who is an expert in asbestos litigation will examine your case for free to determine if there are legal options that are available. They can answer any questions you may have and explain the different legal procedures. They will often visit your hospital or home to meet with you and offer their services on a contingent basis which means that you won't be liable for any upfront legal fees.
When a client hires an asbestos attorney, he or she must ensure that the lawsuit is filed in accordance with the applicable statute of limitations. The majority of states require victims to file an asbestos lawsuit within a couple of years of being diagnosed with mesothelioma, lung cancer, or another asbestos-related illness. It can be hard to determine if an individual has been exposed to asbestos since symptoms typically don't manifest until years afterward. 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 the complaint, an attorney for mesothelioma will gather evidence to support your claim, including company records and interviews with family members. raleigh asbestos attorneys may also request documents from asbestos-related companies to prove negligence.
A knowledgeable asbestos lawyer can help you file a lawsuit for wrongful death if a loved ones died from mesothelioma or a different asbestos-related disease. In a wrongful-death lawsuit, survivors are entitled to compensation for emotional grief, funeral expenses, and loss of companionship. They can also demand punitive damages from the asbestos-related company.
A good asbestos lawyer has the resources to quickly access records from different states or asbestos firms and can offer you more legal options than local law firms. The resources offered by an asbestos law company can provide victims with a better chance of obtaining substantial compensation.
Prepare for the trial
Asbestos is a very toxic mineral, has been employed in industrial work for a long time. Workers exposed to asbestos in the shipbuilding, construction and automotive manufacturing industries, among others, often suffer from serious illnesses like mesothelioma (lung cancer) as well as asbestosis or Pleural effusion (inflammation of the lining of the lungs). If you have 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 suit lets you receive financial compensation for medical expenses as well as lost wages or income, pain and discomfort, emotional distress, etc.
The statutes of limitations vary in each state for personal injury and wrongful death lawsuits. You require a seasoned mesothelioma lawyer to ensure you don't miss your deadline to file claims.
Your lawyer will investigate and collect evidence on behalf of you once the legal process has begun. They will conduct an interview with you and any former landowners, employers or any other persons who were involved in your exposure to asbestos. They will also investigate the specifics of your case to determine if the location, when, and where you were exposed.
The majority of asbestos cases are handled using a contingency-fee basis. This means that the attorney will get a portion of the compensation you receive. Your attorney will also cover all costs associated with your case in the event that you win any settlement or judgment they will receive their fees from the winner.
If you and your asbestos attorney can't agree on the amount of a contingency fee and you want to hire a different firm. However, the attorneys of the second firm must sign a contract that shares the work and fees.
In the majority of cases, compensation is granted to mesothelioma patients and their families when a jury comes in their favor. Many asbestos lawsuits are settled outside of court. Asbestos lawsuits that succeed will pay between $1 million and $1.4 millions to the victims.
Going to Trial
Asbestos lawyers can assist their clients receive compensation through either a settlement or successful trial verdict. Compensation is determined by several factors, such as the length of exposure to asbestos, as well as the frequency and severity of symptoms. Asbestos lawsuit damages may include damages for pain and suffering, loss of income and future earnings, as well as medical expenses including childcare, transportation and housekeeping.
A lawsuit against asbestos can also result in compensation for wrongful deaths, including money to cover funeral expenses and other expenses associated with the death of loved ones. In addition, family members may be entitled to compensation for the emotional pain and sadness caused by the loss of loved ones.
Attorneys with experience in asbestos litigation can assist victims of mesothelioma lung cancer, and other asbestos-related illnesses obtain compensation from responsible asbestos manufacturers. Mesothelioma lawyers can also assist to file claims using trust funds set up by asbestos companies that have gone bankrupt.
The years between first exposure to asbestos and the onset of illness can make it difficult to determine which defendants were responsible for an asbestos-related disease. Evidence may also disappear or be destroyed over time, and asbestos businesses could be forced out of business. This complicates the case.
The attorney representing the plaintiff for mesothelioma should identify all potential asbestos-related asbestos companies and asbestos products involved in the claim before filing a lawsuit. A knowledgeable attorney can conduct a thorough investigation into each asbestos-related manufacturer and product to ensure that all relevant information is provided to the case.
Belluck and Fox's asbestos attorneys have been holding negligent asbestos manufacturers accountable for the hardworking employees who were exposed to this hazardous material. Through the years they have managed to secure more than a billion dollars in compensation for their clients. 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 an employee of a construction company who died from asbestos exposure joint-sealing materials at the top of a Manhattan high rise.