An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A skilled asbestos lawyer can aid victims of asbestos-related illnesses. These include mesothelioma and asbestosis, as well as lung cancer.
Many firms offer free case reviews for mesothelioma sufferers. harlingen asbestos lawyer lets you learn about how a particular company handles these claims and then decide if they are suitable for you.
A lawsuit against a company which manufactures asbestos may result in compensation for medical expenses, lost wages and other costs. However, litigation can be costly.
The history of asbestos-related lawsuits
Asbestos is a dangerous naturally occurring mineral that is used for fireproofing and insulation. 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 locations, such as shipyards, power plants, and textile mills, were regularly exposed to asbestos. Some of the workers were diagnosed with mesothelioma and other lung diseases directly linked to their asbestos exposure. The affected individuals should seek out an expert New York mesothelioma attorney to ensure they receive the compensation they deserve.
Researchers confirmed what many people believed to be true, that exposure to asbestos can cause lung damage and cause lung diseases. This knowledge sparked a wave claims that caused a multitude of asbestos producers to declare bankruptcy. In bankruptcy proceedings the companies set up asbestos trust funds for the families of victims. The amount of money that was transferred into these trusts is in the hundreds of millions of dollars.
Although Congress has attempted to pass legislation to resolve the asbestos litigation process the bills have stalled due to numerous reasons. For instance they did not consider how to treat mesothelioma patients who are recurrently suffering from their disease or have died.
The asbestos defense industry has also been a stumbling block in its attempt to discredit the scientific consensus that asbestos, even when it is in low amounts can cause mesothelioma and lung cancer. These campaigns have included funding and publishing articles in journals of science that are intended to help the asbestos industry's legal arguments in trial.
Individual cases may be consolidated into multidistrict litigation to speed up the process. In 1991, a judge condensed the asbestos lawsuits of 850 against power plants to speed the resolution of these cases. The defendants are able to appeal a decision between 30 and 180 days. This could delay any monetary award. A defendant could be required to make a bonds for any award, contingent on the outcome of the appeal.
Filing a Claim
An asbestos lawyer can assist families and individuals file different kinds of asbestos claims. These claims may be for compensation to cover funeral costs, medical expenses, lost income loss of consortium and pain and suffering. They may also seek restitution from businesses who exposed their workers to asbestos. They may also aid veterans submit a claim to the Veteran's Administration for disability compensation.
A lawyer who specializes in asbestos litigation can review your case at no cost to determine if there are any legal options. They can answer any questions you may have and explain the different legal procedures. They can come to your home, hospital or office for a consult. They are on a contingent basis, meaning that you don't have to pay any upfront legal costs.
If a client employs an asbestos attorney, they must make sure the lawsuit is filed within the appropriate deadline. Most states require victims to make an asbestos lawsuit within a couple of years of being diagnosed with mesothelioma lung cancer or another asbestos-related disease. It is often difficult to determine when a person was exposed to asbestos, as the symptoms don't usually appear until decades after exposure. An experienced asbestos attorney can assist clients in understanding their state's specific laws and ensure that the lawsuit is filed in time.
When you file a complaint an attorney for mesothelioma will seek evidence in support of your claim. This includes company records and interviews conducted with your family. They can also request old documents from asbestos companies that might prove negligent behavior.
A seasoned asbestos lawyer can help you make a claim for wrongful death if your loved one passed away from mesothelioma or another asbestos-related disease. In a suit for wrongful death, survivors can seek compensation for emotional distress, funeral costs, and loss companionship. They can also seek punitive damage against asbestos companies.
An experienced asbestos lawyer has the resources to quickly access records from various states or asbestos companies and can offer you more legal options than local law firms. The resources offered by an asbestos law firm will also give victims a much better chance at winning substantial compensation.
Prepare for trial
Asbestos is a poisonous mineral which was used for many years in industrial work. Workers exposed to asbestos in shipbuilding, construction and automobile manufacturing industries, as well as other industries, are often suffering from severe illnesses such as mesothelioma (lung cancer), 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're entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can assist you make a personal injury claim or wrongful death lawsuit against companies accountable for your exposure. A mesothelioma claim lets you receive financial compensation for medical expenses as well as lost wages, pain and discomfort, emotional distress, and more.
State statutes of limitation differ for personal injury and wrongful death lawsuits. It is important to have a seasoned mesothelioma attorney by your side to ensure that you don't miss the deadline to file an action.
Once the legal process begins the attorney will work on your behalf to investigate and gather evidence. They will interview you and any former employers, landowners or other people that may have been involved in your exposure to asbestos. They will also examine the details of your case to determine the extent they came to know when, where, and how you were exposed.
Most asbestos cases are handled by a contingency fee which means that the attorney is paid an amount of the compensation you receive for your representation. Your attorney will also be responsible for any costs associated with your case in the event that you win either a settlement or a judgment, they will collect their fees from the winner.
If you and your asbestos lawyer are unable to come to an agreement on a contingent payment and you want to hire an alternative firm. The attorneys of the second firm must sign a contract stating that they will share the costs and work.
In the majority of instances, compensation is paid to mesothelioma patients as well as their families when a jury decides that they are in their favor. However many asbestos lawsuits settle out of court. Asbestos lawsuits that win settle between $1 million to $1.4 millions to the victims.
Going to Trial
Asbestos lawyers can assist their clients obtain compensation by settling or winning a trial. Compensation is contingent on a variety of factors, including the amount of time and type of asbestos exposure and the severity of symptoms. Asbestos lawsuit compensation may include damages for physical pain and suffering, loss of income and future earnings, medical expenses, and household expenses, such as childcare, transportation and housekeeping.
A lawsuit against asbestos could also result in compensation for the wrongful death of a person and also money to cover funeral costs and other costs associated with the loss of loved ones. Additionally family members could be entitled to compensation for the emotional pain and grief caused by the death of a loved one.
Attorneys with asbestos litigation experience can help victims of lung cancer, mesothelioma and other asbestos-related ailments seek compensation from asbestos producers. Moreover, mesothelioma lawyers can provide assistance in filing claims with trust funds set up by asbestos companies that have gone bankrupt.
The years between the time of exposure to asbestos and the onset of disease can make it difficult to determine who are responsible for an asbestos-related disease. Evidence can also disappear or be destroyed with time, and asbestos-related companies may go out of business. This makes the case more complicated.
The mesothelioma lawyer representing the plaintiff must identify all possible asbestos producers and asbestos products involved in the lawsuit before filing a lawsuit. An experienced attorney will conduct an exhaustive investigation of every asbestos product and asbestos manufacturer to ensure the case contains all the facts.
For decades, mesothelioma lawyers at Belluck & Fox have held negligent asbestos producers accountable for the countless people who were exposed to this harmful substance. This has helped them secure more than $1 billion in compensation for their clients over the years. The firm has obtained notable verdicts, including a $22 million award to a Navy veteran diagnosed with mesothelioma while working on boilers on ships, and an $8million verdict for a construction employee who died after being exposed to asbestos in joint sealing compounds in a Manhattan skyscraper.