June Hughey asked 8 months ago
An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can assist victims of asbestos-related ailments. These include mesothelioma and asbestosis as well as lung cancer.
Many companies offer a free case review for patients with mesothelioma. This lets you learn about the way a company handles the claims, and [Redirect Only] determine if they are suitable for you.
A lawsuit against a company that manufactures asbestos can result in compensation for medical bills, lost wages, and other costs. However, litigation can be costly.
The history of asbestos law suits
Asbestos can be a risky, naturally occurring mineral used for insulation and fire protection. It was widely used in New York, as well as other areas of the United States, in industrial, manufacturing and commercial settings. Many of these facilities, including power plants, textile mills and shipyards, exposed workers to substantial amounts of asbestos regularly. Some of the workers were diagnosed with mesothelioma and other lung diseases directly related to their exposure to asbestos. A New York mesothelioma lawyer can help affected people receive the compensation they are entitled to.
Researchers confirmed what many believed to be true, that exposure to asbestos can cause lung damage and cause lung diseases. This information triggered a wave of complaints that prompted a number of asbestos producers to declare bankruptcy. In bankruptcy proceedings asbestos manufacturers set up trust funds for the families of victims. The money they pay to these trusts is now equal to hundreds of millions of dollars.
Congress has tried to pass legislation to resolve the asbestos litigation. However, these bills have failed due to a variety reasons. For instance they didn’t address the treatment options for mesothelioma Litigation patients who are suffering from recurrences of their disease or who have passed away.
Another issue has been the asbestos defense industry’s campaign to undermine and discredit the scientific consensus that all forms of asbestos even at low levels, can be responsible for creating mesothelioma, lung cancer as well as other asbestos-related diseases. These campaigns include funding and publishing research designed to back the asbestos industry’s arguments in the courtroom.
To accelerate the process the individual cases can be condensed into multidistrict litigation. In 1991, a judge combined over 850 asbestos lawsuits filed against power plants to speed up resolution of these cases. The defendants can appeal a verdict between 30 and 180 days. This will delay any financial award. Depending on the outcome of the appeal, the defendant may end up being legally required to pay a bond in exchange for any monetary award.
Making a Claim
An asbestos lawyer can help families and individuals file various kinds of asbestos claims. These claims could include compensation to cover funeral expenses, medical costs as well as lost income, loss of consortium, and suffering and pain. They may also seek restitution from businesses who exposed workers to asbestos. They can also assist veterans file a claim with the Veteran’s Administration for disability compensation.
A lawyer who is an expert in asbestos litigation can review your case at no cost to determine if there are legal options that are available. They can answer any questions you may have and explain the various legal procedures. They may visit your home or hospital for a consultation and are on a contingency basis and therefore you won’t be responsible for any upfront legal fees.
If a client employs an asbestos lawyer, they must make sure the lawsuit is filed within the correct time frame. Most states require asbestos victims to bring a suit within a few years after being diagnosed with mesothelioma or lung cancer. It is often difficult to determine the time a person was exposed to asbestos, since the symptoms usually do not manifest until years after exposure. A lawyer for asbestos can help clients navigate the laws of their state and ensure that the lawsuits are filed within the timeframe.
When you file a complaint an attorney for mesothelioma will seek evidence to support your claim. This includes company records and interviews conducted with your family. They can also subpoena records from asbestos companies to demonstrate negligence.
An experienced asbestos lawyer can also help you file a wrongful death suit if a loved one has died from mesothelioma, or other asbestos-related diseases. In a wrongful death suit survivors are entitled to compensation for emotional distress, funeral costs, and loss of companionship. They can also seek punitive damage against the asbestos company.
A reputable asbestos lawyer will have the ability to quickly access records from various states and asbestos companies. They can provide you with more legal options than local law firms. A national asbestos law firm’s resources can give victims a better chance of receiving a large amount of compensation.
Prepare for the trial
Asbestos is a poisonous mineral that was extensively used in industrial jobs. People who are exposed to asbestos in shipbuilding, construction auto manufacturing, shipbuilding, as well as other industries are often affected by serious illnesses such as mesothelioma, lung cancer, asbestosis or the pleural effusion (inflammation of the lung’s lining). If you have been diagnosed with a disease related to asbestos exposure, you are entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can assist you file a personal injury or wrongful death suit against the companies responsible for your exposure. A mesothelioma lawsuit allows you to seek financial compensation for medical expenses, loss of earnings or income, pain and suffering, emotional distress and other damages.
The statutes of limitations vary according to state, for both personal injury and wrongful death lawsuits. You require a seasoned mesothelioma lawyer in order to ensure you don’t miss the deadline for filing a claim.
Your attorney will investigate and collect evidence on your behalf once the legal process has started. They will question you and your former landowner, employer or other party who could have been involved in your asbestos exposure. They will also investigate the specifics of your case in order to determine how they came to know when, where, and how you were exposed.
The majority of asbestos cases are dealt with on a contingency fee basis. This means that your attorney will receive a proportion of any compensation you receive. Your attorney will also cover the costs of your case If you win any settlement or judgment, they will collect their fees from the party that won.
If you and your asbestos attorney are unable to come to an agreement over an hourly fee you may choose to hire a different firm. However, the attorneys in the second firm must sign a contract to share the cost of work and expenses.
In the majority of cases, the compensation is given to mesothelioma patients as well as their family members when a jury is found in their favor. However, many asbestos lawsuits are settled out of court. Asbestos lawsuits that are successful pay between $1 million and $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 based on a number of factors, such as the length of exposure to asbestos and the severity and frequency of symptoms. Asbestos lawsuits may award damages for physical pain and suffering as well as loss of income and future earnings, medical expenses as well as household expenses, such as childcare transportation, housekeeping and childcare.
Compensation for wrongful death claims can also be obtained through an asbestos lawsuit which provides money to pay funeral expenses and other costs associated with the death of loved ones. Families could also be entitled to compensation due to the emotional distress caused by the loss of an individual they love.
Attorneys with asbestos litigation experience can help victims of mesothelioma, lung cancer, and other asbestos-related diseases to seek compensation from asbestos manufacturers. Mesothelioma attorneys can also help make claims using trust funds established by asbestos companies who went bankrupt.
It is sometimes difficult to determine who is responsible for an asbestos-related illness due to the long period between the first exposure and the onset of symptoms. Evidence may also vanish or be destroyed with time, and asbestos-related companies may go out of business. This can make the case more difficult.
When you file an asbestos lawsuit the mesothelioma lawyer representing the plaintiff must identify every potential asbestos producer and asbestos product that could be involved in the lawsuit. An experienced attorney will conduct an exhaustive investigation of every asbestos product and asbestos manufacturer to ensure the case has all the facts.
For decades, mesothelioma attorneys at Belluck & Fox have held negligent asbestos manufacturers accountable for the countless people they exposed to this dangerous substance. Through the years they have managed to secure more than a billion dollars in compensation for their clients. The firm has won a number of notable verdicts, including a $22 million settlement for a Navy veteran diagnosed with mesothelioma while repairing boilers on ships. It also secured an $8million verdict for a construction employee who died after being exposed to asbestos in joint sealing compounds in a Manhattan skyscraper.