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An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos attorney can help victims of asbestos-related diseases. This includes asbestosis and mesothelioma and lung cancer.
Many firms offer a free case review for patients with mesothelioma. This lets you learn about how a firm handles these claims and decide whether they are the right fit for you.
A lawsuit against a company that produces asbestos could result in compensation for medical expenses, lost wages, and other expenses. The cost of litigation is high.
The History of Asbestos Lawsuits
Asbestos, a naturally occurring mineral is used as an insulator and a fire-resistant material. For decades, it was used in a variety of manufacturing, industrial, and commercial settings in New York and across the nation. Workers in a variety of locations, such as shipyards, power stations and textile mills, were regularly exposed to asbestos. Some of them later developed mesothelioma or other lung diseases that are directly related to their exposure. A New York mesothelioma lawyer can help those affected receive the benefits they are entitled to.
Researchers confirmed what many believed, that exposure to asbestos can cause lung damage and cause lung diseases. This knowledge sparked a wave 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 amount that was deposited into these trusts is now in the hundreds of millions of dollars.
Congress has attempted to pass legislation to resolve the asbestos litigation. However these bills have been unable to pass due to a variety of reasons. They didn't address the issue of the best way to treat patients suffering from mesothelioma who have recurrences or have passed away.
The asbestos defense industry has also been a hindrance in its efforts to debunk the scientific consensus that asbestos, even when it is at low levels can cause mesothelioma as well as lung cancer. These campaigns have included financing and publishing articles in scientific journals that aim to assist the asbestos industry's legal arguments during trial.
Individual cases can be consolidated into multidistrict litigation in order to speed up the process. In 1991, a judge consolidated over 850 asbestos lawsuits filed against power plants to speed the resolution of these cases. Plaintiffs may appeal a ruling between 30 and 180 days. This could delay any monetary award. A defendant could be required to provide a bond for any money awards, based on the outcome of the appeal.
How to File a Claim
An asbestos lawyer can help individuals and families file various types of asbestos claims. These claims may be for compensation to pay for medical expenses, funeral costs, lost income, loss of consortium, and suffering and pain. They can also seek restitution from businesses which exposed workers to asbestos. They can 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 for free to determine if there are legal options available. They can answer your questions and provide you with the various legal procedures. They can travel to your home, hospital or office to meet with you for a consultation. They are on a contingent basis, so you don't need to pay upfront legal costs.
If a client employs an asbestos attorney, he or will need to ensure that the lawsuit is filed in line with the applicable statute of limitations. Many states require that victims make an asbestos lawsuit within a few years of being diagnosed with mesothelioma lung cancer, or another asbestos-related illness. It can be hard to determine if a person has been exposed to asbestos because the symptoms aren't always apparent until decades afterward. An experienced asbestos lawyer can assist clients in understanding their state's specific laws and ensure that the lawsuit is filed on time.
After filing the complaint a mesothelioma lawyer will gather evidence to support your claim. This includes company documents and interviews with family members. They can also request old documents from the asbestos companies that might prove the negligence of the company.
An experienced asbestos lawyer can assist you to file a lawsuit for wrongful death if a loved one passed away from mesothelioma or another asbestos-related disease. In a wrongful-death lawsuit, survivors can seek compensation for their emotional stress, funeral expenses and loss of companionship. They can also seek punitive damages against the asbestos company.
An experienced asbestos lawyer will have the ability to quickly access records from different states and asbestos companies. They can provide you with more legal options than local law firms. The national resources of an asbestos law firm could also give victims a much better chance at winning significant compensation.
Preparing for Trial
Asbestos is a poisonous mineral that was used for a long time in industrial work. Workers exposed to asbestos in shipbuilding, construction and automobile manufacturing industries among others, frequently suffer from serious illnesses like mesothelioma (lung cancer) or asbestosis or pleural effusion (inflammation of the lining of your lungs). If you've been diagnosed with a disease caused by asbestos exposure, you deserve compensation. 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 death against the businesses responsible for your exposure. A mesothelioma case lets you receive financial compensation for medical expenses, lost wages, pain and discomfort, emotional distress, and more.
The statutes of limitation differ according to state, for both personal injury and wrongful death lawsuits. You need an experienced mesothelioma lawyer who can ensure you don't miss your deadline to file claims.
Your lawyer will investigate and collect evidence on behalf of you once the legal process has started. They will question you and any former landowner, employer, or other individuals who could have been involved in your asbestos exposure. They will also look into the details of your situation to determine the extent, where, and when you were exposed.
Most asbestos cases are handled on a contingency fee basis. This means that your attorney will get a portion of any amount you are paid. Your attorney will also take care of any expenses associated with your case If you win a judgment or settlement, they will collect their fees from the winner.
If you and your asbestos attorney can't agree on a contingency fee, you can hire another firm. The attorneys of the second firm must sign a contract stating that they will share the costs and work.
In most cases, the compensation is given mesothelioma victims and their families when a jury comes that they are in their favor. However many asbestos lawsuits settle out of court. Asbestos lawsuits that are successful settle between $1 million to $1.4 millions to the victims.
Going to Trial
Asbestos attorneys can help their clients obtain compensation by either winning or settling a case. orem asbestos lawsuit is based on several factors, such as the duration of exposure to asbestos as well as the frequency and severity of symptoms. Asbestos lawsuit damages could include damages for suffering and pain, lost income and future earnings, as well as medical expenses including childcare, transportation and housekeeping.
Compensation for wrongful death claims can be obtained through an asbestos lawsuit, which provides money to pay 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 pain and grief that comes from the loss of a loved one.
Attorneys with asbestos litigation experience can help patients with lung cancer, mesothelioma and other asbestos-related diseases seek compensation from asbestos producers. Moreover, mesothelioma lawyers can assist in filing claims with trust funds created by asbestos companies that went into bankruptcy.
The time interval between the first exposure to asbestos and the onset of disease can make it difficult to determine which defendants were responsible for the asbestos-related illness. Evidence may also vanish or be lost over time, and asbestos-related companies could cease to be in business. This can make the case more difficult.
In the event of you file an asbestos lawsuit the mesothelioma attorney representing the plaintiff must be aware of every possible asbestos-related asbestos product and asbestos manufacturer involved in the case. A knowledgeable attorney will then conduct an extensive investigation of each asbestos product and asbestos manufacturer to ensure the case has all the facts.
For decades, mesothelioma attorneys at Belluck & Fox have held negligent asbestos manufacturers accountable for the countless people exposed to the dangerous substance. Over the years, they have been able to secure more than one billion dollars in compensation for their clients. The firm has won a number of notable verdicts, including a $22million settlement for an Navy veteran diagnosed with mesothelioma while repairing boilers on ships, and an $8million verdict for a construction employee who died after being exposed asbestos in joint sealing compounds at a Manhattan skyscraper.