An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos attorney can assist victims of asbestos-related diseases. They include asbestosis, mesothelioma and lung cancer.
Many firms offer free case reviews for mesothelioma sufferers. plymouth asbestos lawyer lets you learn about the process a company uses to handle these claims and determine if they are the right choice for you.
A lawsuit against an asbestos company could result in compensation for medical bills, lost wages and other expenses. However, litigation can be costly.
The History of Asbestos Lawsuits
Asbestos, a naturally occurring mineral, is used as an insulator and a fire-resistant material. It was utilized for a long time in New York, as well as in other regions of the nation, in manufacturing, industrial and commercial environments. The workers in these establishments, including shipyards, power plants, and textile mills, were frequently exposed to asbestos. Some of them later developed mesothelioma and other lung diseases that are directly linked to their exposure. Anyone affected should consult an expert New York mesothelioma attorney to help them receive the compensation they are due.
When the first lawsuits were filed in the latter half of 1960, scientists confirmed what they had long suspected - that exposure causes lung damage and disease. This information triggered a wave of claims that caused a multitude of asbestos producers to declare bankruptcy. In the course of bankruptcy proceedings, these companies established asbestos trust funds to compensate victims and their families. The money that is paid into these trusts now amounts to hundreds of millions of dollars.
Congress has attempted to pass legislation to end the asbestos lawsuit. However, these bills have failed due to a variety of reasons. For example, they did not address how to treat mesothelioma patients who have recurrences of their disease or have died.
The asbestos defense industry is also a major obstacle in its attempt to discredit the scientific consensus that asbestos even at low levels is a risk factor for mesothelioma or lung cancer. The campaigns have included funding and publishing articles in journals with scientific content that aim to assist the asbestos industry's legal arguments in trial.
To speed up the process it is possible to have individual cases condensed into multidistrict litigation. In 1991, a judge combined 850 asbestos lawsuits against power plants to speed up resolution of these cases. Defendants are allowed to appeal a verdict within 30 to 180 days. This will delay the receipt of any monetary award until the appeal is decided. A defendant could be required to pay a bond for any monetary awards, based on the outcome of the appeal.
How to File a Claim
An asbestos lawyer can help families and individuals with filing various asbestos claims. These claims could be for compensation to cover funeral expenses, medical expenses, lost income loss of consortium and suffering and pain. They can also seek restitution from businesses who exposed workers to asbestos. They can also assist veterans make a claim to 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 different legal procedures. They are able to travel to your home, office or hospital to meet with you for a consultation. They are paid on a recurring basis, meaning that you don't have to pay upfront legal fees.
When a client engages an asbestos lawyer they must ensure that the lawsuit is filed within the appropriate statute of limitations. Most states require asbestos victims to start a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It can be hard to determine whether a person has been exposed to asbestos since the symptoms aren't always apparent 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 mesothelioma lawyers will collect evidence to prove your claim, which could include company records and interviews with your family members. They can also subpoena documents from asbestos-related companies to prove negligence.
A skilled asbestos lawyer can assist you to start a lawsuit to claim wrongful death if a loved one was killed by mesothelioma or a different asbestos-related disease. In a wrongful demise lawsuit survivors may seek compensation for emotional distress, funeral expenses, and loss of companionship. They may also seek punitive damage against the asbestos company.
An experienced asbestos lawyer has the ability to quickly access information from various states and asbestos companies, and can provide you with more legal options than an individual law firm could offer. A national asbestos law firm's resources give victims a better chances of winning a substantial settlement.
Prepare for Trial
Asbestos, a highly toxic mineral has been employed in industrial settings for many years. Workers exposed to asbestos in the shipbuilding, construction and automobile manufacturing industries among others, frequently suffer from serious illnesses like mesothelioma (lung cancer) or asbestosis or pleural effusion (inflammation of lungs' lining). If you've been diagnosed as having 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 responsible for your exposure. A mesothelioma lawsuit 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 vary according to state, for both personal injury and wrongful death lawsuits. It's important to have a mesothelioma lawyer by your side to ensure you don't miss the deadline to file an action.
Once the legal process has begun, your attorney will work on your behalf to investigate and gather evidence. They will interview both you and your former employer, landowner or other party who could have been involved in your asbestos exposure. They will also investigate the specifics of your case to determine if they came to know when, where, and how you were exposed.
Most asbestos cases are handled on a contingency-fee basis which means that the attorney will take a percentage of any compensation you receive for your representation. Your attorney will pay for all costs associated with your case. If you win you will be paid by the winning party.
If you and your asbestos lawyer are unable to agree on a contingency payment, you can hire an alternative firm. The attorneys in the second law firm will have to sign a contract dividing the cost of work and fees.
Typically, mesothelioma victims and their family members receive compensation if they get a jury verdict in favor of the plaintiff. Many asbestos lawsuits are settled out of court. On average asbestos lawsuits that have an outcome that is successful will pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can assist their clients receive compensation through either a settlement or successful trial verdict. Compensation is determined by many factors, such as the length of exposure to asbestos, as well as the severity and frequency of symptoms. Asbestos lawsuit compensation may include damages for physical pain and suffering loss of income, future earnings, medical expenses and household expenses, such as childcare transport, housekeeping and transportation.
Compensation for wrongful death claims can also be obtained through an asbestos lawsuit that includes funds to cover funeral expenses and other costs associated with the death of loved ones. Families may also be entitled to compensation for the emotional distress that is caused by the death of or loss of a loved one.
Lawyers with experience in asbestos litigation can assist patients suffering from mesothelioma, lung cancer, and other asbestos-related diseases seek compensation from asbestos producers. Mesothelioma attorneys can also help file claims with trust funds set up by asbestos-related companies that have gone bankrupt.
It can be difficult to determine who is the person responsible for an asbestos-related illness because of the lengthy time between exposure to asbestos and the beginning to feel symptoms. Evidence may also vanish or be lost with time, and asbestos companies could go out of business. This makes the case more complicated.
In the event of filing an asbestos lawsuit the mesothelioma attorney representing the plaintiff must determine every possible asbestos producer and asbestos product relevant to the claim. A knowledgeable attorney can then conduct a thorough investigation of each asbestos-related manufacturer and product to ensure that all relevant information is provided to the court.
Belluck and Fox's asbestos attorneys have been holding negligent asbestos manufacturers accountable for the hardworking people exposed to the dangerous material. This has enabled them to secure more than $1 billion in compensation for their clients over the years. The firm has won a number of notable verdicts, including an award of $22 million for a Navy veteran who contracted mesothelioma from repairing boilers on ships, and an $8 million verdict for an employee of a construction company who died from asbestos exposure joint sealing compounds at an Manhattan high rise.