An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos attorney can help victims of asbestos-related diseases. These include asbestosis, mesothelioma and lung cancer.
Many firms offer a free case review for mesothelioma patients. This allows you to see how a firm responds to these claims and determine if they are the right fit for you.
A lawsuit against an asbestos-related company can result in compensation for medical bills or lost wages, among other costs. However, litigation is expensive.
The history of asbestos-related lawsuits
Asbestos is a mineral that occurs naturally that is a natural mineral, is used as an insulator and fire-resistant material. For a long time it was used in a variety of manufacturing, industrial, and commercial settings in New York and across the country. The workers in these facilities, such as shipyards, power stations and textile mills were frequently exposed to asbestos. Some of those workers later developed mesothelioma and other lung diseases directly related to their exposure. A New York mesothelioma lawyer can help those affected receive the compensation they are entitled to.
As the first lawsuits were filed in the latter half of the 1960s, researchers confirmed what people had believed to be true - that exposure to asbestos causes lung damage and diseases. This discovery triggered a flood of claims that caused dozens of asbestos companies to declare bankruptcy. In the bankruptcy proceedings, the companies set up asbestos trust funds for the families of victims. The amount that was paid into these trusts now in the hundreds of millions of dollars.
Congress has attempted to pass legislation to settle the asbestos litigation. However, these bills have failed due to a variety of reasons. They didn't address the issues of the best way to treat patients suffering from mesothelioma that have recurrences or have passed away.
Another roadblock has been the asbestos defense industry's efforts to discredit and undermine the scientific consensus that asbestos in all forms, even at low levels, are capable of causing mesothelioma, lung cancer and other asbestos-related diseases. These campaigns have included funding and publishing articles in journals with scientific content that are intended to help the asbestos industry's legal argument at trial.
Individual cases can be combined into multidistrict litigation to speed up the process. In 1991, a judge consolidated the asbestos lawsuits of 850 against power plants to speed the resolution of these cases. The defendants can appeal a decision within 30 to 180 days, which could delay the receipt of any award in cash until after the appeal is resolved. Based on the outcome of the appeal, a defendant could end up being required to sign a bond for any monetary award received.
Making a Claim
An asbestos lawyer can help individuals and families file various kinds of asbestos claims. These claims can be for reimbursement for funeral costs, medical expenses, lost income, loss in consortium as well as pain and suffering and other damages. They may also seek restitution from businesses who exposed their workers to asbestos. They can also assist veterans to file a claim with the Veteran's Administration for disability compensation.
A lawyer that specializes in asbestos litigation can look over your case for free to determine if you have legal options. They can help you understand the various legal procedures and answer any questions you have. They are often able to travel to your hospital or at home for a consultation and offer their services on a contingent basis which means that you won't be liable for any upfront legal fees.
When a client engages an asbestos lawyer, they must make sure the lawsuit is filed within the appropriate time frame. Many states require that victims make an asbestos lawsuit within a few years after being diagnosed with mesothelioma lung cancer or another asbestos-related disease. It can be hard to determine if someone has been exposed to asbestos as the symptoms don't usually appear until decades later. An asbestos lawyer can assist clients navigate the laws of their state and ensure that lawsuits are filed on time.
After filing the complaint, a mesothelioma lawyer will gather evidence to support your claim, including company documents and interviews with family members. They can also subpoena documents from asbestos-related companies in order to show negligence.
An experienced asbestos lawyer can also assist you in filing the wrongful-death suit if a loved one has died from mesothelioma or other asbestos-related diseases. In a wrongful demise lawsuit, survivors are entitled to compensation for emotional grief, funeral expenses, and loss of companionship. They may also seek punitive damages against an asbestos-related company.
An experienced asbestos lawyer has the capacity to swiftly access records from various states and asbestos companies. They also provide you with more legal options than a local law firm could provide. A national asbestos law firm's resources can provide victims with a greater chance of receiving a large amount of compensation.
Preparing for the trial
Asbestos, a toxic mineral is used in industrial jobs for a long time. People who are exposed to asbestos in shipbuilding, construction manufacturing of automobiles, shipbuilding, and other industries often suffer from severe illnesses like mesothelioma, lung cancer, asbestosis, or pleural effusion (inflammation of the lung's lining). If you've been diagnosed as having 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 file a personal injury or wrongful death lawsuit against companies that are responsible for your exposure. A mesothelioma suit allows you to seek financial compensation for medical expenses, lost wages as well as pain and suffering emotional distress and other damages.
The statutes of limitation differ according to state, for both personal injury and wrongful death lawsuits. You'll need a knowledgeable mesothelioma lawyer in order to ensure you don't miss your deadline for filing claims.
Your lawyer will investigate and collect evidence on your behalf once the legal process has started. They will question you and any former landowners, employers or other individuals that were involved in your exposure asbestos. They will also study the details of your situation to determine how, where, and when you may be exposed.
The majority of asbestos cases are handled by a contingency fee, meaning that the attorney is paid part of any compensation you receive as your representation. Your attorney will pay for the entire cost of your case. If you win, they will be paid by the winning party.
If you and your asbestos lawyer can't reach an agreement on a contingency fee and you want to hire another firm. However, the attorneys of the second firm must agree to a contract for sharing the work and fees.
In the majority of instances, compensation is paid mesothelioma victims and their family members when a jury is found in their favor. Many asbestos lawsuits are settled out of court. On average asbestos lawsuits that have a successful outcome pay out between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers are able to help their clients recover compensation via either a settlement or a successful trial verdict. Compensation is contingent on a variety of factors, such as the amount of time and type of asbestos exposure and the severity of symptoms. Asbestos lawsuits can result in damages for pain and suffering, lost income and future earnings, as well as medical expenses as well as transportation, childcare, and housekeeping.
A lawsuit against asbestos could also result in compensation for deaths that were wrongful, including money to cover funeral costs as well as other expenses relating to the death of loved relatives. Additionally family members could be entitled to compensation for the emotional distress and sadness caused by the loss of a loved one.
Lawyers with experience in asbestos litigation can assist victims of mesothelioma, cancer of the lung and other asbestos-related diseases to seek compensation from asbestos producers. Mesothelioma attorneys can also help make claims using trust funds set up by asbestos-related companies that went bankrupt.
It isn't always easy to determine who is accountable for an asbestos-related disease due to the long time between first exposure and beginning to feel symptoms. Additionally, evidence can disappear or be lost over time and asbestos firms can go out of business, which complicates the situation even more.
In the event of you file an asbestos lawsuit the mesothelioma attorney representing the plaintiff must determine the asbestos producer and asbestos product involved in the case. A knowledgeable attorney can conduct a thorough investigation into each asbestos manufacturer and asbestos product to ensure that all relevant facts are available to the court.
For flower mound asbestos attorney , mesothelioma lawyers at Belluck & Fox have held negligent asbestos producers accountable for the hardworking individuals who were exposed to this harmful substance. They have secured 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 an Navy veteran who contracted mesothelioma following the repair of boilers on ships. There was also an $8 million verdict for an employee of a construction company who died due to asbestos exposure in joint-sealing materials at the top of a Manhattan high-rise.