Asbestos Law: The Good, The Bad, And The Ugly
An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can aid victims of asbestos-related illnesses. This includes asbestosis, mesothelioma and lung cancer.
Many companies offer free mesothelioma patients with case reviews. This allows you to see how a firm manages these claims and determine if they're the right fit for your.
A lawsuit against a company which manufactures asbestos may result in compensation of medical bills, lost wages and other expenses. However, litigation can be costly.
The History of Asbestos Lawsuits
Asbestos is a mineral that occurs naturally that is a natural mineral, is used as an insulator and a fire-resistant material. It was used for decades in New York, as well as other parts of the country, in manufacturing, industrial and commercial environments. Many of these facilities, such as power plants, textile mills, and shipyards, exposed workers to significant amounts of asbestos on a regular basis. Some of the workers were diagnosed with mesothelioma and other lung diseases directly related to their exposure to asbestos. A New York mesothelioma lawyer can help affected people receive the compensation they are entitled to.
As the first lawsuits were filed in the latter half of 1960, scientists confirmed what they had long believed - that exposure to asbestos causes lung damage and disease. This discovery sparked a wave claims that caused a multitude of asbestos producers to declare bankruptcy. In the bankruptcy proceedings, the companies set up asbestos trust funds for the families of victims. The money deposited into these trusts has now amounted to hundreds of millions of dollars.
Congress has tried to pass legislation to end the asbestos lawsuit. However the bills have not passed due to a variety reasons. For example, they did not address the treatment options for mesothelioma patients who have recurrences illness or who are deceased.
Another obstacle has been the asbestos defense industry's attempt to defy and undermine the scientific consensus that all forms of asbestos, even at low levels, are capable of creating mesothelioma, lung cancer, and other asbestos-related illnesses. These campaigns include funding and publishing research which are designed to strengthen the asbestos industry's arguments in court.
To speed up the process, individual cases can be consolidated to multidistrict litigation. In 1991, for instance one judge combined over 850 asbestos lawsuits involving power plants to speed up the resolution of these cases. Defendants are allowed to appeal a decision within 30 to 180 days, which could delay the receipt of any monetary award until the appeal is completed. Based on the outcome of the appeal, the defendant may be legally required to pay a bond for any money awarded.
How to File a Claim
An asbestos lawyer can help individuals and families file various kinds of asbestos claims. These claims could be for compensation to pay for funeral expenses, medical expenses, lost income, loss of consortium, and pain and suffering. They can also sue companies that exposed asbestos workers. They may also help veterans file a claim with the Veteran's Administration for disability compensation.
A lawyer who is specialized in asbestos litigation can look over your case for free to determine if you are eligible for legal options. They can answer any questions you may have and provide you with the various legal procedures. They can travel to your home, office or hospital for a consult. They operate on a contingency basis so you won't have to pay upfront legal fees.
When a client hires an asbestos lawyer, he/ will need to ensure that the lawsuit is filed in line to the applicable statute of limitations. Most states require victims to make an asbestos lawsuit within a couple of years of being diagnosed with mesothelioma lung cancer, or an asbestos-related disease. It isn't always easy to determine when a person was exposed to asbestos since the symptoms are not likely to show up until years after exposure. A lawyer for asbestos can help clients navigate the laws of their respective states and ensure that the lawsuits are filed at the right time.
After filing the complaint mesothelioma lawyers gather evidence to prove your claim, which could include company records and interviews with your family members. They may also request old documents from the asbestos-related companies that could reveal the negligence of the company.
An experienced asbestos attorney can also help you file a wrongful death lawsuit in the event that a loved one has died from mesothelioma or other asbestos-related illnesses. In hawthorne asbestos lawyer for the wrongful death of a loved one, survivors can claim compensation to compensate for funeral expenses, emotional distress and loss companionship. They can also pursue punitive damages against the asbestos company.
A reputable asbestos attorney has the ability to quickly get records from various states and asbestos companies. They also offer more legal options than an individual law firm could offer. The national resources of an asbestos law firm could provide victims with a better chance of obtaining substantial compensation.
Prepare for trial
Asbestos is a poisonous mineral which was used for many years in the workplace. People who are exposed to asbestos in construction, shipbuilding, automobile manufacturing, and other industries are often affected by serious diseases like mesothelioma, lung cancer asbestosis or the pleural effusion (inflammation of the lining of the lungs). If you have been diagnosed with an illness due 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 the companies that are responsible for your exposure. A mesothelioma suit allows you to receive financial compensation for medical costs and lost wages, pain and discomfort, emotional distress, etc.
The statutes of limitation vary according to state, for both personal injury and wrongful death lawsuits. You need an experienced mesothelioma lawyer in order to ensure you don't miss the deadline for filing an action.
Once the legal process begins, your attorney will work on your behalf to gather and investigate evidence. They will interview you and any former landowners, employers or other people involved in your exposure to asbestos. They will also look into 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 which means that the attorney will take a percentage of any compensation you receive as compensation for representation. Your attorney will also take care of any costs associated with your case, and if you win any settlement or judgment, they will collect their fees from the winner.
If you and your asbestos lawyer can't agree on a contingency payment then you can choose to work with an alternative firm. The attorneys from the second law firm must to sign a contract that divides the work and fees.
Usually, mesothelioma sufferers and their family members are awarded compensation after obtaining an appeals court verdict in favor of the plaintiff. However, many asbestos lawsuits settle outside of court. Asbestos lawsuits that succeed settle between $1 million to $1.4 millions to victims.
Going to Trial
Asbestos attorneys can assist their clients receive compensation for their injuries by either winning or settling a case. Compensation is based on several factors, such as the duration of exposure to asbestos, as well as the severity and frequency of symptoms. Asbestos lawsuits can result in damages for physical suffering and suffering loss of income, future earnings, medical expenses, and household expenses such as childcare as well as housekeeping, transportation and childcare.
Compensation for wrongful deaths can be obtained through an asbestos lawsuit which includes money to cover funeral costs and other expenses that come with the loss of loved ones. In addition, family members may be entitled to compensation for the emotional stress and grief caused by the death of loved ones.
Lawyers who have experience in asbestos litigation may aid victims of mesothelioma lung cancer, and other asbestos-related diseases seek compensation from responsible asbestos manufacturers. Additionally, mesothelioma lawyers are able to help with filing claims using trust funds created by asbestos companies that went bankrupt.
It is sometimes difficult to determine who is responsible for an asbestos-related disease due to the long time between the first exposure and the beginning to feel symptoms. Evidence may also vanish or be lost 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 plaintiff's mesothelioma lawyer should determine the asbestos producer and asbestos product that could be involved in the lawsuit. A knowledgeable attorney will then conduct an exhaustive investigation of every asbestos product and asbestos manufacturer to ensure that the case contains all the facts.
Belluck and Fox's asbestos lawyers have been holding negligent asbestos producers responsible for the hardworking individuals 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 notable verdicts like a $22 million award for a Navy veteran who contracted mesothelioma after repairing boilers aboard ships. Another $8 million verdict for an employee of a construction firm who died due to asbestos exposure in joint-sealing compounds at the top of a Manhattan high rise.