An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A knowledgeable asbestos lawyer can aid victims of asbestos-related diseases. This includes asbestosis and mesothelioma and 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 determine if they are suitable for you.
A lawsuit against an asbestos company could result in the payment of medical bills as well as lost wages and other expenses. However, litigation can be costly.
The history of asbestos law suits
Asbestos, a naturally occurring mineral that is a natural mineral, is used as an insulator and fire-resistant material. For many years it was employed in a variety of manufacturing commercial, industrial, and settings in New York and across the nation. Many of these facilities, including power plants, textile mills, and shipyards, exposed workers massive amounts of asbestos on a regular basis. Some of these workers later developed mesothelioma and other lung diseases directly linked to their exposure. A New York mesothelioma lawyer can assist those affected to receive the compensation they are entitled to.
When the first lawsuits were filed in the late 1960s, researchers confirmed what many had long suspected - that asbestos exposure causes lung damage and diseases. This knowledge spurred a wave of lawsuits that led to dozens of asbestos companies to file for bankruptcy. As part of their bankruptcy procedures, these companies set up asbestos trust funds to pay victims and their families. The amount that was deposited into these trusts is in the hundreds of millions of dollars.
Congress has tried to pass legislation to end the asbestos lawsuit. However, these bills have failed due to a variety reasons. They did not address for instance, how to treat patients with mesothelioma whose recurrences are ongoing or who are deceased.
The asbestos defense industry has also been a hindrance in its campaign to discredit the scientific consensus that asbestos even at a low level is a risk factor for mesothelioma or lung cancer. These campaigns include funding and publishing research which are designed to strengthen the asbestos industry's arguments in court.
Individual cases can be consolidated into multidistrict litigation to expedite the process. In 1991, a judge combined 885 asbestos lawsuits against power plants to speed up resolution of these cases. Defendants are allowed to appeal a decision within 30 to 180 days, which can delay the payment of any money award until after the appeal has been resolved. A defendant could be required to make a bond for any monetary awards received, based on the outcome of the appeal.
How to File a Claim
An asbestos lawyer can assist families and individuals to file different types of asbestos claims. These claims could be for compensation for medical expenses, funeral fees lost income, loss in consortium as well as pain and suffering and other damages. They can also seek restitution from businesses who exposed workers to asbestos. They can also aid veterans apply for disability compensation through the Veteran's Administration.
A lawyer who specializes in asbestos litigation can examine your case for free and determine if you are eligible for legal options. They can answer any questions you may have and explain the various legal procedures. They will travel to your office, home or hospital for a consult. They work on a contingent basis so you won't have to pay upfront legal fees.
When a client hires an asbestos lawyer they must ensure the lawsuit is filed within the appropriate statute of limitations. Most states require victims to submit a lawsuit against asbestos within a couple of years of being diagnosed with mesothelioma, lung cancer, or an asbestos-related illness. It can be hard to determine if someone has been exposed to asbestos since the symptoms usually don't show until years later. An asbestos lawyer can help clients navigate the laws of their state and ensure that lawsuits are filed in time.
After filing the complaint, mesothelioma lawyers will collect evidence to back your claim, such as company records and interviews with family members. They can also request old documents from asbestos companies that might prove negligent conduct.
An experienced asbestos attorney can also help you file an action for wrongful death when a loved-one has died from mesothelioma or other asbestos-related diseases. In a wrongful death lawsuit survivors can seek compensation for emotional distress, funeral expenses, and loss of companionship. They can also seek punitive damage against the asbestos company.
A good asbestos lawyer has the resources to quickly gain access to documents from various states and asbestos companies. They can provide you with 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 substantial compensation.
Preparing for Trial
Asbestos, which is a highly toxic mineral, has been employed in industrial work for a long time. Workers exposed to asbestos in the construction, shipbuilding and automobile manufacturing industries as well as other industries, are often suffering from serious diseases such as mesothelioma (lung cancer) as well as asbestosis or the pleural effusion (inflammation of the lining of the lungs). If you've been diagnosed with a disease related to asbestos exposure, you deserve compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can help you bring a suit for personal injury or wrongful death against the companies that are accountable for your exposure. A mesothelioma lawsuit lets you receive financial compensation for medical costs loss of wages as well as pain and discomfort emotional distress, and more.
The statutes of limitation differ according to state, for both personal injury and wrongful death lawsuits. You'll need a knowledgeable mesothelioma lawyer to make sure you don't miss the deadline to file claims.
Your lawyer will investigate and collect evidence on your behalf once the legal process has begun. They will conduct interviews with you and your former employer, landowner, or other persons who may have been involved in your asbestos exposure. They will also research the specifics of your case to determine where, how you were exposed, and the time at which you be exposed.
The majority of asbestos cases are dealt with using a contingency-fee basis. This means that the attorney will receive a percentage of whatever compensation you receive. Your attorney will also be responsible for all costs associated with your case and, if you prevail a judgment or settlement they will receive their fees from the party that won.
If you and your asbestos lawyer are unable to agree on the cost of a contingency you may choose to hire a different firm. The attorneys of the second firm must sign a contract that shares the cost of work and expenses.
In the majority of cases, the compensation is given to mesothelioma sufferers and their family members when a jury is found that they are in their favor. However, many asbestos lawsuits settle out of court. On average asbestos lawsuits that have an agreement that is successful pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos attorneys can help their clients obtain compensation by settlement or
Asbestos Lawsuit winning a trial. Compensation is contingent upon a variety of factors, such as the amount of time and the type of asbestos exposure and the degree of symptoms.
Asbestos lawsuit compensation can include damages for physical suffering and suffering loss of income as well as future earnings, medical expenses as well as household expenses like childcare as well as housekeeping, transportation and childcare.
Compensation for wrongful death claims can be secured 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 distress caused by the passing of or loss of a loved one.
Attorneys with asbestos litigation experience can help victims of mesothelioma, cancer of the lung and other asbestos-related diseases seek compensation from asbestos manufacturers. Mesothelioma lawyers are also able to help make claims using trust funds set up by asbestos companies that went bankrupt.
The time between exposure to asbestos and the beginning of illness can make it difficult to determine which defendants were responsible for an asbestos-related disease. Evidence may also disappear or be destroyed with time, and asbestos-related companies could go out of business. This makes the case more complicated.
In the event of filing an asbestos lawsuit the mesothelioma attorney representing the plaintiff must determine the asbestos-related asbestos product and asbestos manufacturer that could be involved in the lawsuit. An experienced attorney can conduct a thorough investigation of every asbestos manufacturer and product to ensure that all relevant information is provided to the case.
Belluck and Fox's asbestos lawyers have been holding negligent asbestos producers accountable for the hardworking employees exposed to the dangerous material. Over the years they have managed to secure more than a billion dollars in compensation for their clients. The firm has achieved notable verdicts, such as a $22million settlement for an Navy veteran diagnosed with mesothelioma during the repair of boilers on ships, as well as an $8 million verdict for a construction worker who died after being exposed asbestos in joint sealing compounds at the top of a Manhattan skyscraper.
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