An
Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A knowledgeable asbestos lawyer can help victims of
asbestos-related diseases. This includes asbestosis, mesothelioma and lung cancer.
Many firms provide free case reviews for mesothelioma sufferers. This lets you learn about the process a company uses to handle these claims and decide whether they are suitable for you.
A lawsuit against an asbestos-related company could result in compensation for medical bills as well as lost wages and other expenses. However, litigation can be costly.
The history of asbestos law suits
Asbestos is a hazard, naturally occurring mineral used for insulation and fire protection. It was used for decades in New York, as well as other areas of the United States, in manufacturing, industrial and commercial settings. Workers working in many of these locations, such as shipyards, power plants and textile mills, were regularly exposed to asbestos. Some of those workers developed mesothelioma or other lung diseases directly connected to their exposure to asbestos. People who are affected should consult an expert New York mesothelioma attorney to help them get the compensation they deserve.
Researchers confirmed what many believed to be true: that exposure to asbestos can cause lung disease and damage. This revelation triggered a flurry of claims that caused dozens of asbestos companies to file for bankruptcy. As part of their bankruptcy procedures, these companies set up asbestos trust funds to pay the victims and their families. The money that is paid to these trusts is now equal to hundreds of millions of dollar.
Although Congress has attempted to pass legislation to end the asbestos litigation process, these bills have not succeeded due to many reasons. They did not address the issues of how to treat patients with mesothelioma whose recurrences are ongoing or who have died.
The asbestos defense industry has also been a roadblock in its effort to discredit the scientific consensus that asbestos, even when it is at a low concentration can cause mesothelioma as well as lung cancer. These campaigns include obtaining funding and publishing articles that are intended to support the asbestos industry's arguments in the courtroom.
To accelerate the process to speed up the process, individual cases can be consolidated to multidistrict litigation. In 1991, a judge joined the asbestos lawsuits of 850 against power plants to speed up the resolution of these cases. Defendants can appeal a verdict between 30 and 180 days. This can delay any financial award. A defendant could be required to pay a bond for any money awards received, depending on the outcome of an appeal.
Making a Claim
An asbestos lawyer can aid families and individuals in filing different types of asbestos claims. These claims can be for reimbursement for funeral costs, medical expenses and lost income, as well as loss in consortium or consortium, pain and suffering and other damages. They may also seek restitution from businesses that exposed workers to asbestos. They may also help veterans file a claim with the Veteran's Administration for disability compensation.
A lawyer who is an expert in asbestos litigation will review your case for free to determine if there are any legal options available. They will be able to answer your questions and explain the different legal procedures. They are able to travel to your home, hospital or office for a consult. They work on a contingent basis, so you don't need to pay upfront legal costs.
If a client engages an asbestos lawyer, he or will have to ensure that the lawsuit is filed in line with the applicable statute of limitations. Many states require asbestos sufferers to submit a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It can be hard to determine if a person has been exposed to asbestos because symptoms typically don't manifest until decades later. An experienced asbestos lawyer can help clients navigate their state's specific laws and ensure that the lawsuit is filed on time.
After filing the complaint a mesothelioma lawyer will gather evidence to prove your claim, which could include company records and interviews with your family members. They may also request documents from asbestos companies to demonstrate negligence.
A skilled asbestos lawyer can help you start a lawsuit to claim wrongful death if your loved one was killed by mesothelioma or a different asbestos-related disease. In a wrongful death suit, survivors may seek compensation for emotional grief, funeral expenses, and loss of companionship. They can also seek punitive damage against the asbestos company.
A good asbestos attorney has the capacity to swiftly get records from various states and asbestos companies, and can provide you with more legal options than any local law firm would offer. The national resources of an asbestos law firm could also give victims a much better chance at winning substantial compensation.
Preparing for the trial
Asbestos is a very toxic mineral has been employed in industrial tasks for many years. Workers exposed to asbestos in the construction, shipbuilding and automobile manufacturing industries, among others, suffer from severe diseases like mesothelioma (lung cancer) asbestosis, Pleural effusion (inflammation of lungs' lining). If you have been diagnosed with a disease caused by asbestos exposure, you're entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can help you make a claim for personal injury or wrongful deaths against companies that are responsible for your exposure. A mesothelioma claim permits you to claim financial compensation for medical costs and lost wages or income, pain and discomfort, emotional distress, etc.
State statutes of limitation vary for personal injury and wrongful deaths lawsuits. It is crucial to have a mesothelioma lawyer by your side to ensure that you don't be late in filing an claim.
Your attorney will investigate and collect evidence on your behalf once the legal process has begun. They will conduct an interview with you and any former landowners, employers or other people involved in your exposure to asbestos. They will also research the details of your situation to determine where, how you were exposed, and the time at which you have been exposed.
Most asbestos cases are handled on a contingency-fee basis, meaning that the attorney will receive an amount of the compensation you receive as your representation. Your attorney will also pay the costs of your case If you win a judgment or settlement and they collect their fees from the winner.
If you and your asbestos lawyer cannot agree on a contingency payment, you can hire another firm. However, the attorneys in the second firm must sign a contract stating that they will share the cost of work and expenses.
Typically, mesothelioma patients and their families are awarded compensation by winning an appeals court verdict in favor of the plaintiff. Many asbestos lawsuits are settled out of court. On average asbestos lawsuits that get a successful outcome pay out between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can aid their clients obtain compensation through either a settlement or a successful trial decision. Compensation is based on several factors, such as the length of exposure to asbestos, as well as the severity and frequency of symptoms. Asbestos lawsuit damages may include damages for suffering and pain, lost income and future earnings as along with medical expenses as well as transportation, childcare, and housekeeping.
Compensation for wrongful deaths can be obtained through an asbestos lawsuit that includes funds to cover funeral expenses and other costs associated with the death of a loved one. Families may also be entitled to compensation for the emotional stress caused by the death an individual they love.
Lawyers who have expertise in asbestos litigation can help patients suffering from mesothelioma lung cancer and other asbestos-related illnesses seek compensation from responsible asbestos producers. In addition, mesothelioma lawyers could assist in filing claims using trust funds set up by asbestos companies that have gone into bankruptcy.
It is often difficult to determine who is responsible for an asbestos-related disease due to the long period between exposure and the manifestation of symptoms. Evidence may also disappear or be destroyed over time, and asbestos companies could go out of business. This can make the case more difficult.
In the event of filing an asbestos lawsuit, the mesothelioma attorney representing the plaintiff must identify every potential asbestos producer and asbestos product that could be involved in the lawsuit. An experienced attorney will conduct a thorough investigation of each asbestos product and asbestos manufacturer to ensure the case contains all the facts.
Belluck and Fox's asbestos attorneys have been holding negligent asbestos producers accountable for the hardworking workers exposed to the hazardous material. They have secured more than $1 billion in compensation for their clients over the years. The firm has won a number of notable verdicts, including a $22million award to an Navy veteran diagnosed with mesothelioma during the repair of boilers on ships, and an $8 million verdict for a construction worker who died after being exposed to asbestos in joint sealing compounds in the top of a Manhattan skyscraper.