An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can aid victims of asbestos-related illnesses. These include asbestosis, mesothelioma and lung cancer.
Many firms offer a complimentary case review for mesothelioma patients. This will let you find out how a company responds to these claims and determine if they are the right fit for your.
A lawsuit against an asbestos-related company could result in settlement for medical bills as well as lost wages and other costs. Legal proceedings can be costly.
The history of asbestos law suits
Asbestos, a naturally occurring mineral is used as an insulator and a fire-resistant material. It was utilized for a long time in New York, as well as other parts of the country, in industrial, manufacturing and commercial environments. Many of these facilities, such as textile mills, power plants and shipyards, exposed workers to massive amounts of asbestos on a regular basis. Some of those workers later developed mesothelioma or other lung diseases directly linked to their exposure. 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 late 1960s, researchers confirmed what people had suspected - that exposure causes lung damage and diseases. This information triggered a wave of complaints that prompted a number of asbestos producers to declare bankruptcy. As part of their bankruptcy proceedings, these companies established asbestos trust funds to pay the victims and their families. The money deposited to these trusts is now equal to hundreds of millions of dollar.
Although Congress has attempted to pass legislation that would end the asbestos litigation process, these bills have not succeeded due to various reasons. They didn't address, for example, the treatment options for patients suffering from mesothelioma that have recurrences or who are deceased.
The asbestos defense industry has also been a hindrance in its effort to discredit the scientific consensus that asbestos even at a low concentration is a risk factor for mesothelioma or lung cancer. The campaigns have included funding and publishing articles in journals of science that aim to assist the asbestos industry's legal arguments during trial.
To accelerate the process the individual cases can be consolidated into multidistrict litigation. In 1991, for instance one judge consolidated 885 asbestos lawsuits against power plants to allow for faster resolution of those cases. Defendants are allowed to appeal a verdict within 30 to 180 days, which can delay the receipt of any monetary award until after the appeal has been resolved. A defendant could be required to make a bond for any monetary awards, based on the outcome of the appeal.
How to File a Claim
An asbestos lawyer can assist families and individuals file different kinds of asbestos claims. These claims could be for compensation to pay for funeral costs, medical expenses, lost income loss of consortium and pain and suffering. They may also seek restitution from businesses that exposed workers to asbestos. They may also aid veterans to file a claim with the Veteran's Administration for disability compensation.
A lawyer that specializes in asbestos litigation can review your case free of charge to determine if you have legal options. They will explain the various legal processes and answer any questions you might have. They are often able to travel to your hospital or at home to consult and work on a contingency basis which means you won't be held accountable for any initial legal costs.
If a client hires an asbestos attorney they must ensure that the lawsuit is filed within the proper statute of limitations. The majority of states require asbestos victims to file a lawsuit within a few years after being diagnosed with mesothelioma or lung cancer. It can be difficult to determine if a person has been exposed to asbestos as the symptoms usually don't show until decades afterward. An experienced asbestos attorney can assist clients in understanding the specific laws of their state and ensure that the suit is filed in a timely manner.
After filing the complaint, mesothelioma lawyers will collect evidence to back your claim, such as company records as well as interviews with family members. They can also subpoena old documents from the asbestos companies, which could prove the negligence of the company.
An experienced asbestos lawyer can also assist you with filing a wrongful death lawsuit if a loved one has died from mesothelioma or other asbestos-related diseases. In a suit for grieving families, the survivors can seek compensation for funeral expenses, emotional distress, and loss companionship. They may also seek punitive damage against the asbestos company.
A reputable asbestos attorney has the ability to quickly access information from various states and asbestos companies. They can provide you with more legal options than any local law firm would provide. The resources offered by an asbestos law company can also give victims a much better chance at winning substantial compensation.
Prepare for Trial
Asbestos is a very toxic mineral is employed in industrial settings for a long time. Workers exposed to asbestos in the shipbuilding, construction and automotive manufacturing industries as well as other industries, are often suffering from serious illnesses like mesothelioma (lung cancer) or asbestosis or Pleural effusion (inflammation of the lung's lining). If you've been diagnosed with a condition that is related to asbestos exposure, you're entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can assist you to file a personal injury or wrongful death lawsuit against companies accountable for your exposure. A mesothelioma case allows you to seek financial compensation for medical expenses, loss of earnings as well as pain and suffering emotional distress, and other damages.
The statutes of limitations differ in each state for personal injury and wrongful death lawsuits. It is crucial to have a seasoned mesothelioma lawyer by your side to ensure that you don't run out of time to file a claim.
Your attorney will conduct an investigation and gather evidence on behalf of you once the legal process has begun. They will interview both you and your former employer, landowner, or other persons who may have been involved in your asbestos exposure. sterling heights asbestos lawyer will also investigate the specifics of your case to determine where, how you were exposed, and the time at which you have been exposed.
The majority of asbestos cases are dealt with on a contingency basis which means that the attorney takes a percentage of any compensation you receive as a representation. Your attorney will also pay the costs of your case, and if you win any settlement or judgment and they collect their fees from the winner.
If you and your asbestos lawyer are unable to agree on a payment for contingency 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.
Typically, mesothelioma patients and their family members are awarded compensation by winning the verdict of a jury in favor of the plaintiff. However, many asbestos lawsuits settle out of court. On average asbestos lawsuits that get an agreement that is successful pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can help their clients obtain compensation through either a settlement or a successful trial verdict. Compensation is based on many factors, such as the length of exposure to asbestos, as well as the frequency and severity of symptoms. Asbestos lawsuit damages can include damages for pain and suffering, loss of income and future earnings as along with medical expenses, childcare, transportation, and housekeeping.
Compensation for wrongful death claims can be obtained through an asbestos lawsuit which provides money to pay funeral costs and other expenses associated with the loss of loved ones. Additionally, family members may be entitled to compensation for the emotional stress and grief caused by the death of a loved one.
Attorneys with experience in asbestos litigation can assist victims of mesothelioma lung cancer and other asbestos-related illnesses to seek compensation from responsible asbestos manufacturers. Moreover, mesothelioma lawyers can assist in filing claims using trust funds established by asbestos companies that have gone into bankruptcy.
It can be difficult to determine who is responsible for an asbestos-related illness because of the lengthy time between exposure and the onset of symptoms. Furthermore, evidence could disappear or be lost over time, and asbestos-related companies can go out of business, thereby complicating the case further.
In the event of filing an asbestos lawsuit the mesothelioma lawyer for the plaintiff should determine the asbestos manufacturer and asbestos product involved in the claim. An experienced attorney can conduct a thorough analysis of each asbestos-related manufacturer and product to ensure that all relevant facts are in the case.
Belluck and Fox's asbestos lawyers have been holding negligent asbestos producers accountable for the hardworking workers exposed to the dangerous material. This has enabled them to secure more than $1 billion in compensation for their clients over the years. The firm has secured notable verdicts, including a $22million settlement for an Navy veteran diagnosed with mesothelioma when repairing boilers on ships, and an $8 million verdict for a construction employee who died after being exposed asbestos in joint sealing compounds at the top of a Manhattan skyscraper.