"Ask Me Anything": Ten Responses To Your Questions About Asbestos Law
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 a no-cost case review for patients with mesothelioma. This allows you to find out about how a particular company handles these claims and decide whether they are suitable for you.
A lawsuit against a business that produces asbestos could result in compensation for medical expenses, lost wages, and other costs. The cost of litigation is high.
The history of asbestos law suits
Asbestos is a dangerous naturally occurring mineral that is used for insulation and fire protection. It was used for decades in New York, as well as in other parts of the country, in manufacturing, industrial and commercial environments. Workers in a variety of places, like shipyards, power plants and textile mills, were often exposed to asbestos. Some of them later developed mesothelioma or other lung diseases directly linked to their exposure. A New York mesothelioma lawyer can help affected people receive the compensation they're entitled to.
Researchers confirmed what many believed, that exposure to asbestos can cause lung damage and cause lung diseases. This information triggered a wave of claims that led to dozens of asbestos producers to declare bankruptcy. In bankruptcy proceedings these companies set up asbestos trust funds for the families of victims. The money they pay into these trusts amounts to hundreds of millions of dollar.
Although Congress has attempted to pass legislation to resolve the asbestos litigation process these bills have been unable to pass due to various reasons. For example, they did not address the treatment options for mesothelioma victims who have recurrences illness or who are deceased.
The asbestos defense industry is also a major obstacle in its campaign to discredit the scientific consensus that asbestos even at a low concentration can cause mesothelioma and lung cancer. These campaigns include obtaining funding and publishing articles which are designed to strengthen the asbestos industry's arguments in the courtroom.
Individual cases may be consolidated into multidistrict litigation to expedite the process. In 1991, a judge joined over 850 asbestos lawsuits filed against power plants to speed up resolution of these cases. Defendants can appeal a verdict between 30 and 180 days. This will delay any financial award. Depending on the outcome of the appeal, the defendant may end up being required to sign a bond for any money awarded.
How to File a Claim
An asbestos lawyer can help individuals and families file various types of asbestos claims. These claims can be for compensation for funeral expenses, medical expenses, lost income, loss of consortium or consortium, pain and suffering and other damages. They may also seek restitution from companies which exposed workers to asbestos. They may also aid veterans file a claim with the Veteran's Administration for disability compensation.
A lawyer with expertise in asbestos litigation can look over your case free of charge to determine if you are eligible for legal options. They can explain the different legal procedures and answer any questions that you have. They will travel to your office, home or hospital to provide a consultation. They are on a contingent basis so you won'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 correct time frame. The majority of states require asbestos victims to submit a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It isn't easy to know the time a person was exposed to asbestos, since the symptoms don't usually show up for decades after exposure. A lawyer for asbestos can help clients navigate the laws of their state and ensure that the lawsuits are filed on time.
After filing the complaint, a mesothelioma lawyer will gather evidence to support your claim. This includes company records as well as interviews with family members. They may also request old documents from asbestos companies, which could prove negligent conduct.
lauderhill asbestos lawyer can help you start a lawsuit to claim wrongful death if a loved ones died from mesothelioma or another asbestos-related disease. In a wrongful-death lawsuit, survivors are entitled to compensation for emotional stress, funeral expenses and loss of companionship. They may also seek punitive damages against an asbestos company.
An experienced asbestos lawyer has the capability to quickly gain access to documents from different states or asbestos firms and can offer you more legal options than local law firms. The resources offered by an asbestos law firm will provide victims with a greater chance of winning substantial compensation.
Prepare for Trial
Asbestos, a toxic mineral has been employed in industrial tasks for decades. Workers exposed to asbestos in shipbuilding, construction and automotive manufacturing industries, among others, suffer from severe illnesses such as mesothelioma (lung cancer) or asbestosis or the pleural effusion (inflammation of the lining of your lungs). If you have been diagnosed with an illness related to asbestos exposure, you should be compensated. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can help you make a claim for personal injury or wrongful deaths against companies that are responsible for your exposure. A mesothelioma lawsuit permits you to seek financial compensation for medical expenses, loss of earnings as well as pain and suffering, emotional distress, and other damages.
The statutes of limitations differ according to state, for both personal injury and wrongful death lawsuits. You require a seasoned mesothelioma lawyer to make sure you don't miss your deadline to file a claim.
When the legal process is initiated the attorney will work on your behalf to look into 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 research the specifics of your case to determine how, where and when you might have been exposed.
Most asbestos cases are handled using a contingency-fee basis. This means that your attorney will be paid a percentage of whatever compensation you receive. Your attorney will pay for the entire cost of your case. If you win you will be paid by the winning party.
If you and your asbestos attorney are unable to reach an agreement on a contingency fee and you want to hire a different firm. However, the lawyers in the second firm must sign a contract stating that they will share the work and fees.
In the majority of cases, the compensation is given to mesothelioma patients and their families when a jury comes that they are in their favor. However many asbestos lawsuits settle outside of court. On average asbestos lawsuits that get an agreement that is successful pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can assist their clients get compensation through either a settlement or a successful trial verdict. Compensation is contingent on many factors, including the amount of time and the type of asbestos exposure, as well as the severity of symptoms. Asbestos lawsuit damages can include damages for suffering and pain, lost income and future earnings, as well as medical expenses, childcare, transportation, and housekeeping.
Compensation for wrongful deaths can also be obtained through an asbestos lawsuit that includes funds to cover funeral costs and other expenses associated with the death of a loved one. In addition, family members may be entitled to compensation for the emotional distress and sadness caused by the loss of a loved one.
Attorneys with experience in asbestos litigation can help victims of mesothelioma, lung cancer, and other asbestos-related diseases seek compensation from responsible asbestos manufacturers. Mesothelioma lawyers can also assist claim compensation from trust funds set up by asbestos companies who have gone bankrupt.
It is sometimes difficult to determine who is responsible for an asbestos-related disease because of the lengthy time between first exposure and an onset of symptoms. Evidence may also disappear or be destroyed over time, and asbestos-related companies may go out of business. This complicates the case.
In the event of you file an asbestos lawsuit the mesothelioma lawyer for the plaintiff should be aware of every possible asbestos manufacturer and asbestos product that could be involved in the lawsuit. An experienced attorney will conduct a thorough analysis of each asbestos manufacturer and product to ensure that all relevant information is available to the court.
For decades, mesothelioma attorneys at Belluck & Fox have held negligent asbestos manufacturers accountable for the hardworking individuals exposed to this deadly substance. Through the years they have been able to secure more than one billion dollars in compensation for their clients. The firm has secured notable verdicts like an award of $22 million for a Navy veteran who contracted mesothelioma from repairing boilers on ships. There was also an $8 million verdict for a construction worker who died due to asbestos exposure in joint-sealing materials at a Manhattan high-rise.