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An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A knowledgeable asbestos lawyer can aid victims of asbestos-related illnesses. These include mesothelioma and asbestosis and lung cancer.
Many firms provide free case reviews for mesothelioma sufferers. This gives you the opportunity to learn about how a particular company handles these claims and determine if they are suitable for you.
A lawsuit against an asbestos-related company can result in reimbursement for medical expenses or lost wages, among other costs. However, litigation is expensive.
The history of asbestos law suits
Asbestos is a dangerous naturally occurring mineral that is used to create insulation and fire resistance. For decades it was utilized in a variety of manufacturing commercial, industrial, and settings in New York and across the country. Workers working in many of these establishments, including shipyards, power plants and textile mills were frequently exposed to asbestos. Some of those workers later developed mesothelioma and other lung diseases directly related to their exposure. A New York mesothelioma lawyer can help those affected receive the amount of compensation they’re entitled to.
Researchers confirmed what many suspected, that asbestos exposure can cause lung disease and damage. This knowledge sparked a wave claims that caused a multitude of asbestos producers to declare bankruptcy. In the course of bankruptcy procedures, these companies set up asbestos trust funds to pay victims and their families. The amount that was transferred to these trusts is currently in the hundreds of millions of dollars.
Congress has attempted to pass legislation to resolve the asbestos litigation. However the bills have not passed due to a variety of reasons. They did not address the issue of how to treat patients with mesothelioma who are recurrent or who have died.
Another obstacle has been the asbestos defense industry’s efforts to defame and undermine the scientific consensus that all forms of asbestos, even at low levels, can be responsible for inducing mesothelioma or lung cancer and other asbestos-related ailments. These campaigns include funding and publishing articles that are intended to support the asbestos industry’s arguments in the courtroom.
To accelerate the process, individual cases can be consolidated to multidistrict litigation. In 1991, for instance, one judge consolidated 850 power plant asbestos lawsuits to facilitate faster resolution of those cases. Plaintiffs are permitted to appeal a verdict within 30 to 180 days, which can delay the payment of any money award until after the appeal is resolved. A defendant could be required to make a bonds for any awards, based on the outcome of the appeal.
How to File a Claim
An asbestos lawyer can assist families and individuals file various kinds of asbestos claims. These claims can be for compensation to cover funeral costs, medical expenses lost income loss of consortium and pain and suffering. They may also seek restitution from companies who exposed their workers to asbestos. They can also assist veterans make a claim for disability compensation with the Veteran’s Administration.
A lawyer who is an expert in asbestos litigation can review your case for free to determine if there are legal options that are available. They will be able to answer your questions and provide you with the various legal procedures. They will often visit your hospital or at home for a consultation. They are on a contingency basis which means you won’t be responsible for any upfront legal costs.
When a client hires an asbestos attorney they must ensure the lawsuit is filed within the correct time frame. Most states require asbestos victims to file a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It can be hard to determine if someone has been exposed to asbestos because the symptoms don’t usually appear until a long time afterward. An experienced asbestos attorney can assist clients to navigate their state’s specific laws and ensure that the lawsuit is filed on time.
After filing a complaint, an attorney for mesothelioma will seek evidence to support your claim. This includes company records as well as interviews conducted with your family. They can also subpoena older documents from the asbestos companies to prove negligence.
A seasoned asbestos lawyer can assist you to file a lawsuit for wrongful death if your loved ones died from mesothelioma, or any other asbestos-related disease. In a wrongful death lawsuit, survivors can seek compensation for their emotional distress, funeral expenses, and loss of companionship. They can also pursue punitive damages against the asbestos-related company.
A good asbestos claim lawyer will have the ability to quickly gain access to documents from different states or asbestos companies and can provide you with more legal options than local law firms. The resources offered by an asbestos law firm could also give victims a much better chance of obtaining significant compensation.
Preparing for Trial
Asbestos is a toxic mineral which was used for many years in the workplace. Workers who were exposed to asbestos in construction, asbestos law shipbuilding auto manufacturing, shipbuilding, as well as other industries typically suffer from severe illnesses like mesothelioma, lung cancer asbestosis or pleural effusion (inflammation of the lining of the lungs). If you’ve 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 attorney can assist you make a personal injury claim or wrongful death lawsuit against companies that are responsible for your exposure. A mesothelioma claim will allow you to receive financial compensation for medical expenses, lost wages as well as pain and discomfort, emotional distress, etc.
The statutes of limitation differ by state for both personal injury and wrongful death lawsuits. It is essential to hire a mesothelioma lawyer who can ensure that you do not miss the deadline for filing a claim.
Your attorney will investigate and collect evidence on your behalf after the legal process has started. They will conduct an interview with you and any former landowners, employers, or any other persons who were involved in your exposure to asbestos. They will also study the details of your situation to determine where, how you were exposed, and the time at which you have been exposed.
The majority of asbestos cases are handled on a contingency basis which means that the attorney is paid part of any compensation you receive as compensation for representation. Your attorney will cover the entire cost of your case. If you win, they will be paid by the winning party.
If you and your asbestos attorney are unable to agree on a contingency payment, you can hire another firm. However, the lawyers in the second firm must sign a contract stating that they will share the cost of work and fees.
In most cases, compensation is awarded to mesothelioma patients and their families when a jury decides that they are in their favor. However many asbestos lawsuits settle 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 aid their clients obtain compensation through either a settlement or successful trial decision. Compensation is based on various factors, such as the duration of exposure to asbestos, as well as the frequency and severity of symptoms. Asbestos lawsuits can result in damages for pain and suffering, lost income and future earnings as along with medical expenses, childcare, transportation, and housekeeping.
Compensation for wrongful deaths can be secured through an asbestos lawsuit that includes funds to cover funeral costs and other expenses that come with the death of a loved one. Additionally, family members may be entitled to compensation for the emotional distress and grief triggered by the passing of a loved one.
Lawyers with experience in asbestos litigation can help patients with lung cancer, mesothelioma and other asbestos-related diseases to seek compensation from asbestos manufacturers. Mesothelioma lawyers can help claim compensation from trust funds set up by asbestos companies that have gone bankrupt.
The passage of decades between exposure to asbestos and the onset of illness can make it difficult to determine who were responsible for the asbestos-related illness. Evidence can also disappear or be destroyed over time, and asbestos-related businesses could be forced out of business. This complicates the case.
The attorney representing the plaintiff for mesothelioma must determine all possible asbestos-related asbestos companies and asbestos products involved in the claim before submitting the lawsuit. A knowledgeable attorney can conduct a thorough investigation into each asbestos manufacturer and asbestos product to ensure that all relevant information is provided to the court.
For decades, mesothelioma attorneys at Belluck & Fox have held negligent asbestos manufacturers accountable for the hardworking workers exposed to the dangerous substance. This has allowed them to secure more than $1 billion in compensation for their clients over the years. The firm has won a number of notable verdicts, including a $22 million award for an Navy veteran diagnosed with mesothelioma when repairing boilers on ships. They also won an $8 million verdict for a construction worker who died after being exposed to asbestos in joint sealing compounds in a Manhattan skyscraper.