An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos attorney can assist victims of asbestos-related illnesses. These include mesothelioma, asbestosis and lung cancer.
Many companies offer free mesothelioma patients with case reviews. This gives you the opportunity to learn about how a particular company handles the claims, and determine if they are suitable for you.
A lawsuit against an asbestos firm can result in settlement for medical bills as well as lost wages and other costs. Legal proceedings can be costly.
The history of asbestos-related lawsuits
Asbestos is a mineral that occurs naturally, is used as an insulator and a fire-resistant material. For a long time, it was used in various manufacturing commercial, industrial, and settings in New York and across the across the country. The workers in these places, like shipyards, power stations and textile mills were frequently exposed to asbestos. Some of those workers developed mesothelioma or other lung diseases directly linked to their asbestos exposure. A New York mesothelioma lawyer can assist those affected to receive the benefits they are entitled to.
When the first lawsuits were filed in the latter half of the 1960s, researchers confirmed what many had long suspected - that asbestos exposure causes lung damage and
asbestos litigation disease. This revelation triggered a flurry of claims that led to dozens of asbestos manufacturers to file for bankruptcy. In the course of bankruptcy procedures, these companies set up asbestos trust funds to pay victims and their families. The money that is paid into these trusts has now amounted to hundreds of millions of dollars.
Congress has tried to pass legislation in order to resolve the
asbestos litigation. However, these bills have failed due to a variety reasons. For instance, they did not address the treatment options for mesothelioma victims who are recurrently suffering from their disease or who have passed away.
The asbestos defense industry has also been a roadblock in its campaign to discredit the scientific consensus that asbestos, even when it is at a low level can cause mesothelioma as well as lung cancer. These campaigns include obtaining funding and publishing articles that are meant to support the asbestos industry's arguments in court.
Individual cases can be combined into multidistrict litigation to speed up the process. In 1991, for example one judge combined 885 asbestos lawsuits against power plants to speed up the resolution of those cases. Defendants are allowed to appeal a decision within 30 to 180 days, which will delay the receipt of any award in cash until after the appeal has been resolved. A defendant could be required to post bond for any monetary awards received, depending on the outcome of an appeal.
Filing a Claim
An asbestos lawyer can assist individuals and families in filing various asbestos claims. These claims can include reimbursement for medical expenses, funeral fees loss of income, loss in consortium as well as pain and suffering and other damages. They may also seek restitution from companies who exposed their workers to asbestos. They can also assist veterans to file a claim for disability compensation with the Veteran's Administration.
A lawyer who is specialized in asbestos litigation can examine your case at no cost to determine if you are eligible for legal options. They can answer your questions and explain the different legal procedures. They can travel to your workplace, hospital or home to provide a consultation. They work on a contingent basis so you won't have to pay upfront legal costs.
When a client hires an asbestos lawyer, he or she must ensure that the lawsuit is filed in line to the applicable statute of limitations. Many states require that victims file an asbestos lawsuit within a few years of being diagnosed with mesothelioma, lung cancer, or another asbestos-related disease. It isn't easy to know the date a person was exposed to asbestos, as the symptoms typically do not appear until decades after exposure. An experienced
asbestos claim attorney can assist clients in understanding the specific laws of their state and ensure that the lawsuit is filed on time.
When you file a complaint a mesothelioma attorney will gather evidence in support of your claim. This includes records from the company and interviews conducted with your family. They can also request documents from asbestos-related companies in order to prove negligence.
An experienced asbestos lawyer can also help you file an action for wrongful death if a loved one has died from mesothelioma, or other asbestos-related illnesses. In a suit for grieving families, the survivors can claim compensation to compensate for funeral expenses, emotional distress as well as loss companionship. They may also seek punitive damage against asbestos companies.
A reputable asbestos attorney has the ability to quickly get records from various states and asbestos companies, and can give you more legal options than an individual law firm could offer. The resources offered by an
asbestos law firm will provide victims with a greater chance of winning significant compensation.
Preparing for Trial
Asbestos is a poisonous mineral that was used for decades in industrial jobs. Workers who were exposed to asbestos in construction, shipbuilding, automobile manufacturing, and other industries typically suffer from severe illnesses like mesothelioma, lung cancer asbestosis, or pleural effusion (inflammation of the lining of the lungs). If you have been diagnosed with a disease caused by 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 personal injury claim or wrongful death lawsuit against companies accountable for your exposure. A mesothelioma claim allows you to receive financial compensation for medical costs, lost wages as well as pain and
Asbestos Litigation discomfort, emotional distress, and more.
State statutes of limitations vary for personal injury and wrongful deaths lawsuits. It's important to have an experienced mesothelioma lawyer by your side to ensure that you don't overrun the deadline for filing a claim.
Once the legal process begins the attorney will work on your behalf to look into and gather evidence. They will question you and any former landowner, employer, or other individuals who could have been involved in your asbestos exposure. They will also review the details of your situation to determine how the location, when, and where you were exposed.
The majority of asbestos cases are dealt with on a contingency fee basis. This means that your attorney will get a portion of any compensation you receive. Your attorney will take care of all costs related to your case. If you win and are awarded the money by the winning party.
If you and your asbestos lawyer are unable to come to an agreement over a contingency fee you may choose to hire a different firm. However, the lawyers in the second firm must sign a contract to share the cost of work and fees.
Typically, mesothelioma patients and their families are awarded compensation by winning a jury verdict in favor of the plaintiff. Many asbestos lawsuits are settled out of court. On average asbestos lawsuits that achieve a successful outcome pay out between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can assist their clients get compensation through settling or winning a trial. Compensation is based on various factors, such as the duration of exposure to asbestos and the frequency and severity of symptoms. Asbestos lawsuit damages can include damages for pain and suffering, loss of income and future earnings as along with medical expenses including childcare, transportation and housekeeping.
A lawsuit against asbestos could also result in compensation for deaths caused by negligence, including money to cover funeral costs and other expenses associated with the death of loved ones. Families may also be entitled to compensation due to the emotional stress caused by the loss of an individual they love.
Lawyers who have experience in asbestos litigation may help victims of mesothelioma, lung cancer and other asbestos-related illnesses to seek compensation from responsible asbestos manufacturers. Mesothelioma attorneys can also help make claims using trust funds created by asbestos-related companies that have gone bankrupt.
The time between exposure to asbestos and the onset of disease can make it difficult to determine who are responsible for an asbestos-related disease. In addition, evidence may disappear or be destroyed in time, and asbestos firms can go out of business, which can complicate the case further.
When making an
asbestos lawsuit, the mesothelioma attorney representing the plaintiff must determine the asbestos-related asbestos product and asbestos manufacturer involved in the case. A knowledgeable attorney can conduct a thorough investigation into each asbestos manufacturer and asbestos product to ensure that all relevant facts are in the case.
For decades, mesothelioma lawyers at Belluck & Fox have held negligent asbestos manufacturers accountable for the hardworking individuals exposed to the dangerous substance. Over the years they have managed to secure more than one billion dollars in compensation for their clients. The firm has won significant verdicts like an award of $22 million for a Navy veteran who contracted mesothelioma following the repair of boilers aboard ships and another $8 million verdict for an employee of a construction company who died from
asbestos case exposure in joint-sealing compounds at a Manhattan high-rise.