Krista Zook asked 1 year ago
An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can assist victims of asbestos-related illnesses. These include asbestosis, mesothelioma and lung cancer.
Many firms provide free mesothelioma patients with case reviews. This will let you examine how a company manages these claims and determine if they’re the right fit for you.
A lawsuit against a company that produces asbestos could result in compensation of medical bills, lost wages, and other costs. However, litigation can be costly.
The history of asbestos-related lawsuits
Asbestos is a hazardous natural mineral that is utilized for insulation and fire protection. It was widely used in New York, as well as in other parts of the country, in industrial, manufacturing and commercial settings. Many of these facilities, including textile mills, power plants and shipyards, exposed workers to massive amounts of asbestos on a regular basis. Some of these workers developed mesothelioma as well as other lung diseases directly connected to their exposure to asbestos. 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 many had long believed – that exposure to asbestos causes lung damage and diseases. This knowledge sparked a wave claims that led to dozens of asbestos producers to declare bankruptcy. In the course of bankruptcy proceedings, these companies established asbestos trust funds to pay the victims and their families. The money they pay to these trusts is now equal to hundreds of millions of dollars.
Congress has attempted to pass legislation in order to settle the asbestos litigation. However the bills have not passed due to a variety reasons. For example they did not consider the treatment options for mesothelioma patients who have recurrences of their disease or who have passed away.
Another issue has been the asbestos defense industry’s effort to defy and undermine the scientific consensus that asbestos settlement in all forms, even at low levels, are capable of causing mesothelioma, lung cancer and other asbestos-related diseases. These campaigns include funding and publishing research that are meant to support the asbestos industry’s arguments in court.
Individual cases may be consolidated into multidistrict litigations to speed the process. In 1991, a judge consolidated 850 asbestos lawsuits against power plants to speed up resolution of these cases. The defendants are able to appeal a decision between 30 and 180 days. This can delay any financial award. Depending on the outcome of the appeal the defendant may be legally required to pay a bond for any award of money.
How to File a Claim
An asbestos lawyer can assist individuals and families file various types of asbestos claims. These claims could be for reimbursement for funeral expenses, medical expenses loss of income, loss of consortium, pain and suffering, and other damages. They may also sue companies that exposed asbestos workers. They may also assist veterans file a claim with the Veteran’s Administration for disability compensation.
A lawyer who is an expert in asbestos litigation will examine your case free of charge to determine if there are any legal options that are available. They can provide you with information on the various legal processes and Asbestos Law answer any questions you may have. They will travel to your office, home or hospital to provide a consultation. They operate on a contingency basis, meaning that you don’t have to pay upfront legal costs.
If a client hires an asbestos lawyer they must ensure that the lawsuit is filed within the appropriate time frame. Most states require victims to start a lawsuit for asbestos within a few years after being diagnosed with mesothelioma lung cancer, or another asbestos-related illness. It can be difficult to determine whether a person has been exposed to asbestos since the symptoms don’t usually appear until decades 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.
After filing the complaint, mesothelioma lawyers will collect evidence to back your claim, such as company records as well as interviews with family members. They can also request documents from asbestos companies to prove negligence.
An experienced asbestos attorney can also help you file the wrongful-death suit in the event that a loved one has passed away due to mesothelioma and other asbestos-related illnesses. In a lawsuit for the wrongful death of a loved one, survivors can seek compensation to help with emotional pain, funeral expenses as well as loss of companionship. They can also seek punitive damages against the asbestos-related company.
An experienced asbestos lawyer has the resources to quickly get records from various states and asbestos companies, and will offer more legal options than the local law firm can offer. A national asbestos law firm’s resources could give victims a better chance of receiving a large amount of compensation.
Preparing for trial
Asbestos is a poisonous mineral that was used for a long time in industrial work. Workers exposed to asbestos in the construction, shipbuilding and automobile manufacturing industries among others, frequently suffer from serious illnesses like mesothelioma (lung cancer), asbestosis or pleural effusion (inflammation of lungs’ lining). If you have been diagnosed with a disease related to asbestos exposure, you should be compensated. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can assist you to file a personal injury or wrongful death lawsuit against companies responsible for your exposure. A mesothelioma case lets you receive financial compensation for medical costs loss of wages, pain and discomfort, emotional distress, and more.
The statutes of limitation differ in each state for personal injury and wrongful death lawsuits. You require a seasoned mesothelioma lawyer to make sure that you don’t exceed the deadline for filing a claim.
Your lawyer will investigate and collect evidence on behalf of you once the legal process has begun. They will speak with you and any former employer, landowner or other party who could have been involved in your asbestos exposure. They will also investigate the details of your situation to determine where, how you were exposed, and the time at which you be exposed.
The majority of asbestos cases are handled on a contingency fee basis. This means that the attorney will receive a proportion of the compensation you receive. Your attorney will cover all costs related to your case. If you win the case, they will be compensated by the winning party.
If you and your asbestos lawyer are unable to come to an agreement on a contingency fee you may choose to hire a different firm. The attorneys from the second law firm will have to sign a contract dividing the work and costs.
Typically, mesothelioma victims and their family members are awarded compensation by winning a jury verdict in favor of the plaintiff. Many asbestos lawsuits are settled out of court. Asbestos lawsuits that succeed will pay between $1 million and $1.4 millions to the victims.
Going to Trial
Asbestos attorneys can assist their clients obtain compensation by settlement or winning a trial. Compensation depends on several factors, including the amount of time and the type of asbestos exposure, as well as the severity of symptoms. Asbestos lawsuit damages may include damages for suffering and pain, lost income and future earnings as well as medical expenses and childcare, transportation and housekeeping.
Compensation for claims of wrongful death can be secured through an asbestos lawsuit, which will pay for funeral expenses and other costs associated with the loss of a loved one. In addition family members could be entitled to compensation for the emotional trauma and grief triggered by the passing of a loved one.
Attorneys with experience in asbestos litigation can aid victims of mesothelioma lung cancer, and other asbestos-related diseases seek compensation from responsible asbestos manufacturers. Mesothelioma lawyers are also able to help to file claims using trust funds set up by asbestos-related companies that went bankrupt.
The passage of decades between first exposure to asbestos and the beginning of disease can make it difficult to determine who were the ones responsible for an asbestos-related illness. Furthermore, evidence could disappear or asbestos law be lost in time, and asbestos companies can go out of business, which complicates the situation even more.
The plaintiff’s lawyer for mesothelioma must determine all possible asbestos claim-related asbestos companies and asbestos products involved in the lawsuit before filing the lawsuit. An experienced attorney can conduct a thorough examination of each asbestos-related manufacturer and product to ensure that all the relevant information is provided to the case.
Belluck and Fox’s asbestos attorneys have been holding negligent asbestos manufacturers accountable for the hardworking people they exposed to this dangerous material. This has allowed them to secure more than $1 billion in compensation for their clients over the years. The firm has won a number of notable verdicts, such as a $22 million settlement for a Navy veteran who contracted mesothelioma while repairing boilers aboard ships and another $8 million verdict for an employee of a construction company who died due to asbestos exposure in joint sealing compounds at a Manhattan high rise.