Asbestos Law: The Ugly Truth About Asbestos Law
An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A knowledgeable asbestos lawyer can assist those suffering of asbestos-related diseases. These include mesothelioma and asbestosis and lung cancer.
Many companies offer a free case review for mesothelioma patients. This gives you the opportunity to learn about how a particular company handles the claims, and determine if they are right for you.
A lawsuit against an asbestos-related company could result in the payment of medical bills, lost wages, and other expenses. However, litigation can be costly.
The History of Asbestos Lawsuits
Asbestos is 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 other areas of the country in industrial, manufacturing and commercial settings. Many of these establishments, including power plants, textile mills, and shipyards, exposed workers substantial amounts of asbestos regularly. Some of these workers developed mesothelioma and other lung diseases directly connected to their asbestos exposure. A New York mesothelioma lawyer can assist those affected to receive the benefits they are entitled to.
As the first lawsuits were filed in the latter half of the 1960s, researchers confirmed what they had long believed to be true - that exposure to asbestos causes lung damage and diseases. This discovery sparked a wave complaints that prompted a number of asbestos producers to declare bankruptcy. In the course of bankruptcy proceedings, these companies established asbestos trust funds to pay victims and their families. The amount of money that was transferred into these trusts is in the hundreds of millions of dollars.
Congress has attempted to pass legislation to settle the asbestos litigation. However the bills have not passed due to a variety reasons. They did not address, for example, the best way to treat patients suffering from mesothelioma whose recurrences are ongoing or who have died.
Another obstacle has been the asbestos defense industry's effort to discredit and undermine the scientific consensus that all forms of asbestos even at very low levels, can be responsible for creating mesothelioma, lung cancer and other asbestos-related diseases. These campaigns include funding and publishing research that are intended to support the asbestos industry's arguments in the courtroom.
Individual cases can be consolidated into multidistrict litigation to expedite the process. In 1991, for instance one judge combined 885 asbestos lawsuits against power plants to speed up the resolution of those cases. The defendants can appeal a verdict between 30 and 180 days. This can delay any monetary award. A defendant could be required to post bonds for any awards, based on the outcome of an appeal.
The process of filing a claim
An asbestos lawyer can assist families and individuals file different types of asbestos claims. These claims may be for reimbursement for funeral expenses, medical expenses and lost income, as well as loss of consortium, pain and suffering, and other damages. They can also sue companies for exposing asbestos workers. They may also help veterans submit 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 will explain the various legal procedures and address any questions you might have. They can come to your home, office or hospital to provide a consultation. They are on a contingent basis, so you don't need to pay any upfront legal costs.
When a client hires a asbestos lawyer, he/ will need to ensure that the lawsuit is filed in accordance with the applicable statute of limitation. Most states require asbestos-related victims to bring a suit within a couple of years after being diagnosed with mesothelioma or lung cancer. It can be difficult to determine if an individual has been exposed to asbestos as the symptoms aren't always apparent until years afterward. An experienced asbestos attorney can assist clients in understanding the specific laws in their state and ensure that the suit is filed in time.
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 subpoena documents from asbestos companies to prove negligence.
An experienced asbestos lawyer can also help you file the wrongful-death suit when a loved-one has passed away from mesothelioma or any other asbestos-related illnesses. In a suit for wrongful death, survivors can claim compensation to compensate for emotional distress, funeral costs as well as loss of companionship. They may also seek punitive damage against asbestos companies.
An experienced asbestos lawyer can quickly access information from various states and asbestos companies, and will give you more legal options than a local law firm could provide. A national asbestos law firm's resources could give victims a better chances of winning a substantial settlement.
Preparing for the trial
Asbestos is a toxic mineral that was extensively used in the workplace. Workers exposed to asbestos in the construction, shipbuilding and automobile manufacturing industries as well as other industries, are often suffering from serious illnesses like mesothelioma (lung cancer) or asbestosis or pleural effusion (inflammation of the lung's lining). If you've been identified as having a disease related to asbestos exposure, then you're entitled compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can help you in filing a personal injury or wrongful-death lawsuit against the businesses accountable for your exposure. A mesothelioma lawsuit permits you to pursue financial compensation for medical expenses, loss of wages, pain and suffering, emotional distress and other damages.
The statutes of limitations differ by state for both personal injury and wrongful death lawsuits. It is crucial to have an experienced mesothelioma lawyer on your side to ensure you don't run out of time to file a claim.
When the legal process is initiated your lawyer will work on your behalf to conduct an investigation and gather evidence. They will interview both you and your former employer, landowner or other individuals who could have been involved in your asbestos exposure. They will also study the details of your case to determine the location, the method, and when you may have been exposed.
Most asbestos cases are handled on a contingency fee basis. This means that the attorney will get a portion of any compensation you receive. Your attorney will also be responsible for any expenses associated with your case and, if you prevail any settlement or judgment and they collect their fees from the winner.
If you and your asbestos attorney cannot come to an agreement over a contingency fee then you can choose to work with a different firm. The attorneys in the second law firm will have to sign a contract for the division of the work and fees.
Typically, mesothelioma patients and their family members receive compensation if they get an appeals court verdict in favor of the plaintiff. Many asbestos lawsuits are settled outside of court. Asbestos lawsuits that are successful settle between $1 million to $1.4 millions to the victims.
Going to Trial
Asbestos lawyers can help their clients recover compensation via either a settlement or a successful trial verdict. elk grove asbestos attorney depends on several factors, such as the amount of time and the type of asbestos exposure, as well as the severity of symptoms. Asbestos lawsuits may award damages for physical pain and suffering as well as loss of income and future earnings, medical expenses as well as household expenses like childcare transport, housekeeping and transportation.
A lawsuit against asbestos can also result in compensation for deaths that were wrongful as well as money to pay for funeral expenses and other costs associated with the death of loved relatives. Families may also be entitled to compensation due to the emotional trauma that is caused by the death of an individual they love.
Lawyers who have experience in asbestos litigation are able to aid victims of mesothelioma lung cancer and other asbestos-related diseases seek compensation from responsible asbestos producers. In addition, mesothelioma lawyers may provide assistance in filing claims using trust funds set up by asbestos companies that went into bankruptcy.
The years between the first exposure to asbestos and the beginning of disease can make it difficult to determine who were responsible for the asbestos-related disease. Evidence may also disappear or be lost over time, and asbestos companies could go out of business. This can make the case more difficult.
The lawyer representing mesothelioma plaintiffs must determine all possible asbestos manufacturers and asbestos products involved in the lawsuit prior to filing the lawsuit. An experienced attorney will conduct a thorough analysis of every asbestos manufacturer and product to ensure that all relevant information is provided to the case.
Belluck and Fox's asbestos attorneys have been holding negligent asbestos manufacturers accountable for the hardworking employees exposed to the hazardous material. This has helped them secure more than $1 billion in compensation for their clients over the years. The firm has won significant verdicts like an award of $22 million for an Navy veteran who contracted mesothelioma while repairing boilers on ships. There was also an $8 million verdict for the death of a construction worker from exposure to asbestos in joint-sealing compounds at the top of a Manhattan high-rise.