An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A knowledgeable asbestos lawyer can help victims of asbestos-related illnesses. These include asbestosis, mesothelioma and lung cancer.
Many firms offer a complimentary case review for mesothelioma patients. This allows you to learn about the process a company uses to handle these claims and determine if they are the right choice for you.
A lawsuit against a business that manufactures asbestos could result in compensation for medical bills, lost wages and other costs. The cost of litigation is high.
The history of asbestos law suits
Asbestos is a dangerous naturally occurring mineral used for fireproofing and insulation. It was widely used in New York, as well as in other areas of the country in manufacturing, industrial and commercial environments. The workers in these establishments, including shipyards, power plants and textile mills, were regularly exposed to asbestos. Some of the workers were diagnosed with mesothelioma and other lung diseases directly connected to their asbestos exposure. A New York mesothelioma lawyer can help those affected receive the benefits they are entitled to.
As the first lawsuits were filed in the late 1960s, researchers confirmed what people had long suspected - that exposure causes lung damage and disease. This information triggered a wave of claims that caused dozens of asbestos producers to file for bankruptcy. In the bankruptcy proceedings, the companies set up asbestos trust funds for victims and their families. The amount that was paid into these trusts is now in the hundreds of millions of dollars.
Congress has tried to pass legislation to resolve the asbestos litigation. However the bills have not passed due to a variety reasons. For example they did not discuss the treatment options for mesothelioma patients who are suffering from recurrences of their disease or who have passed away.
Another issue has been the asbestos defense industry's effort to discredit and undermine the scientific consensus that asbestos in all forms even at low levels, are capable of inducing mesothelioma or lung cancer as well as other asbestos-related diseases. These campaigns include funding and publishing articles that are meant to support the asbestos industry's arguments in the courtroom.
To speed up the process, individual cases can be consolidated to multidistrict litigation. In 1991, for instance one judge consolidated 850 power plant asbestos lawsuits to allow for faster resolution of those cases. Defendants are allowed to appeal a verdict within 30 to 180 days, which could delay the payment of any award in cash until after the appeal has been resolved. A defendant may be required to pay a bond for any money award, contingent on the outcome of an appeal.
The process of filing a claim
An asbestos lawyer can assist individuals and families in filing various types of asbestos claims. These claims can be for compensation to pay for funeral costs, medical expenses and lost income loss of consortium and pain and suffering. They can also seek restitution from businesses which exposed workers to asbestos. They can also aid veterans file a claim for disability compensation with the Veteran's Administration.
A lawyer who is specialized in asbestos litigation will review your case for free and determine if there are any legal options. They can explain the different legal procedures and address any questions you might have. They will often visit your hospital or home for a consultation and operate on a contingency fee which means that you won't be held accountable for any initial legal fees.
When a client hires a asbestos lawyer, he/ she must ensure that the lawsuit is filed in line to the statute of limitations applicable to. The majority of states require victims to start a lawsuit for asbestos within a couple of years of being diagnosed with mesothelioma, lung cancer, or any other asbestos-related disease. It can be difficult to determine whether a person has been exposed to asbestos, as the symptoms are not likely to manifest until years after exposure. An asbestos lawyer can help clients navigate the laws of their state and ensure that the lawsuits are filed in time.
After filing the complaint, mesothelioma lawyers gather evidence to support your claim, including company records and interviews with family members. They may also request old documents from asbestos companies to prove negligence.
An experienced asbestos lawyer can also assist you in filing a wrongful death lawsuit when a loved-one has died from mesothelioma or other asbestos-related illnesses. In a wrongful death suit survivors can seek compensation for their emotional grief, funeral expenses, and loss of companionship. They can also seek punitive damages against the asbestos company.
A reputable asbestos attorney can quickly access records from different states and asbestos companies. They can give you more legal options than an individual law firm could provide. The national resources of an asbestos law firm could also give victims a much better chance at winning significant compensation.
Prepare for Trial
Asbestos is a noxious mineral that was used for decades in the workplace. Workers exposed to asbestos in construction, shipbuilding auto manufacturing, shipbuilding, as well as other industries frequently suffer from severe illnesses like mesothelioma, lung cancer asbestosis or pleural effusion (inflammation of the lung's lining). If you have been diagnosed as suffering from a disease that is linked to asbestos exposure, you're entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can assist you file a personal injury or wrongful-death lawsuit against the businesses that are responsible for your exposure. A mesothelioma suit permits you to claim financial compensation for medical costs, lost wages as well as pain and discomfort emotional distress, and more.
State statutes of limitation differ for personal injury and wrongful death lawsuits. You'll need a knowledgeable mesothelioma lawyer to ensure you don't miss your deadline to file claims.
Once the legal process has begun your lawyer will begin working on your behalf to investigate and gather evidence. They will conduct an interview with you and any former landowners, employers, or any other persons that may have been involved in your exposure to asbestos. They will also investigate the details of your situation to determine how, where, and when you may be exposed.
The majority of asbestos cases are dealt with on a contingency fee basis. This means that the attorney will be paid a percentage of any amount you are paid. Your attorney will also take care of any costs associated with your case, and if you win either a settlement or a judgment they will receive their fees from the winning party.
If you and your asbestos attorney are unable to agree on a contingency fee, you can hire another firm. The attorneys of the second firm must sign a contract to share the work and fees.
In most cases, compensation is awarded mesothelioma victims and their families when a jury comes that they are in their favor. However many asbestos lawsuits are settled out of court. Asbestos lawsuits that win are paid between $1 million and $1.4 millions to the victims.
Going to Trial
Asbestos lawyers are able to help their clients receive compensation through either a settlement or a successful trial decision. Compensation is determined by several factors, such as the length of exposure to asbestos, as well as the severity and frequency of symptoms. Asbestos lawsuit damages could include damages for suffering and suffering, lost income and future earnings, as also medical expenses and childcare, transportation and housekeeping.
Compensation for claims of wrongful death can be secured through an asbestos lawsuit that includes funds to cover funeral costs and other expenses associated with the death of a loved one. Additionally, family members may be entitled to compensation for the emotional stress and grief that comes from the loss of loved ones.
Lawyers with experience in asbestos litigation can help patients with mesothelioma, lung cancer, and other asbestos-related ailments seek compensation from asbestos producers. Mesothelioma lawyers can help to file claims using trust funds that were set up by asbestos companies who went bankrupt.
It isn't always easy to determine who is responsible for an asbestos-related illness due to the long period between exposure and the onset of symptoms. Evidence can also disappear or be lost over time, and asbestos-related companies could cease to be in business. This can make the case more difficult.
When making miami gardens asbestos law firm , the plaintiff's mesothelioma lawyer should be aware of every possible asbestos-related asbestos product and asbestos manufacturer involved in the case. A knowledgeable attorney will then conduct a thorough investigation of each asbestos product and asbestos manufacturer to ensure the case contains all the facts.
Belluck and Fox's asbestos lawyers have been holding negligent asbestos manufacturers accountable for the hardworking employees exposed to the hazardous material. Through the years they have managed to secure more than one billion dollars in compensation for their clients. The firm has won notable verdicts like the $22 million verdict for an Navy veteran who contracted mesothelioma while repairing boilers on ships, and an $8 million verdict for a construction worker who died from asbestos exposure in joint-sealing compounds at the top of a Manhattan high rise.