Why No One Cares About Asbestos Law
An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can aid those suffering from asbestos-related diseases. This includes asbestosis and mesothelioma, as well as lung cancer.
Many firms provide free mesothelioma patients with case reviews. This will let you find out how a company deals with these claims and determine if they are the right fit for you.
A lawsuit against a company that manufactures asbestos can result in compensation for medical bills, lost wages and other expenses. However, litigation is expensive.
The history of asbestos-related lawsuits
Asbestos is a hazard naturally occurring mineral that is used for insulation and fire protection. It was utilized for a long time in New York, as well as in other areas of the country in manufacturing, industrial and commercial environments. Many of these facilities, like textile mills, power plants, and shipyards, exposed workers massive amounts of asbestos regularly. Some of those workers later developed mesothelioma or other lung diseases directly linked to their exposure. Anyone affected should consult an experienced New York mesothelioma attorney to help them receive the compensation they are due.
As 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 disease. This knowledge spurred a wave of claims, which led to the emergence of asbestos companies to file for bankruptcy. In the bankruptcy proceedings, these companies set up asbestos trust funds for victims and their families. The money they pay into these trusts has now amounted to hundreds of millions of dollars.
Although Congress has tried to pass legislation that would end the asbestos litigation process the bills have stalled due to a variety of reasons. For instance they didn't address the treatment of mesothelioma sufferers who are suffering from recurrences of their illness or are deceased.
The asbestos defense industry has also been a stumbling block in its campaign to discredit the scientific consensus that asbestos, even when it is at a low concentration, can cause mesothelioma and lung cancer. These campaigns have included securing funding and publishing articles in journals with scientific content that are intended to help the asbestos industry's legal arguments at trial.
Individual cases may be consolidated into multidistrict litigations to speed the process. In 1991, for example, one judge consolidated over 850 asbestos lawsuits involving power plants to facilitate faster resolution of those cases. The defendants are able to appeal a decision within 30 to 180 days, which can delay the payment of any monetary award until after the appeal has been resolved. A defendant may be required to post an amount of bond for any award, contingent on the outcome of an appeal.
How to File a Claim
An asbestos lawyer can aid families and individuals to file various asbestos claims. These claims may be for compensation for medical expenses, funeral fees loss of income, loss of consortium or consortium, pain and suffering and other damages. They can also seek restitution from businesses that exposed workers to asbestos. They may also aid veterans make a claim to the Veteran's Administration for disability compensation.
A lawyer who is an expert in asbestos litigation can review your case at no cost to determine if there are legal options available. They will be able to answer your questions and explain the various legal procedures. They are often able to travel to your hospital or home for a consultation. They work on a contingency basis which means that you won't be held accountable for any upfront legal costs.
If a client employs an asbestos lawyer, he or will have to ensure that the lawsuit is filed in accordance to the applicable statute of limitations. Most states require victims to make an asbestos lawsuit within a few years after being diagnosed with mesothelioma, lung cancer, or another asbestos-related disease. It isn't always easy to determine the date a person was exposed to asbestos since the symptoms are not likely to show up until years after exposure. A lawyer for asbestos can help clients navigate the laws of their state and ensure that lawsuits are filed within the timeframe.
After filing the complaint, mesothelioma lawyers will collect evidence to support your claim, including company records and interviews with your family members. They can also request documents from asbestos-related companies to show negligence.
An experienced asbestos attorney can also assist you in filing a wrongful death lawsuit if a loved one has passed away due to mesothelioma and other asbestos-related illnesses. In a suit for grieving families, the survivors can seek compensation for funeral costs, emotional distress, and loss of companionship. They may also seek punitive damages against asbestos companies.
An experienced asbestos lawyer can quickly access records from different states and asbestos companies, and can provide you with more legal options than the local law firm can provide. A national asbestos law firm's resources can provide victims with a greater chances of winning a substantial settlement.
Preparing for the Trial
Asbestos, a highly toxic mineral, has been employed in industrial tasks for many years. Workers who were exposed to asbestos in shipbuilding, construction, automobile manufacturing, and other industries typically suffer from serious diseases like mesothelioma and lung cancer, asbestosis or pleural effusion (inflammation of the lung's lining). If you've been diagnosed with a disease related to asbestos exposure, you're entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can assist you in filing a personal injury or wrongful-death lawsuit against the businesses responsible for your exposure. A mesothelioma lawsuit will allow you to receive financial compensation for medical expenses and lost wages as well as pain and discomfort, emotional distress, etc.
The statutes of limitation vary by state for both personal injury and wrongful death lawsuits. You'll need a knowledgeable mesothelioma lawyer in order to ensure you don't miss your deadline for filing a claim.
Your lawyer will conduct an investigation and gather evidence on your behalf once the legal process has begun. They will conduct interviews with you and any former employer, landowner or other individuals who could have been involved in your asbestos exposure. They will also investigate the specifics of your case to determine where, how, and when you may have been exposed.
Most asbestos cases are handled on a contingency basis. This means that the attorney will receive a percentage of any compensation you receive. Your attorney will pay for the entire cost of your case. If you win and are awarded the money by the winning party.
If you and your asbestos attorney cannot come to an agreement on the amount of a contingency fee then you can choose to work with a different firm. The attorneys in the second law firm will have to sign a contract for the division of the costs and work.
In the majority of instances, compensation is paid mesothelioma victims and their families when a jury finds in their favor. However, many asbestos lawsuits are settled out of court. On average asbestos lawsuits that have an outcome that is successful will pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can help their clients receive compensation for their injuries by settlement or winning a trial. Compensation is based on many factors, such as the length of exposure to asbestos, as well as the frequency and severity of symptoms. Asbestos lawsuit damages could include damages for pain and suffering, loss of income and future earnings as well as medical expenses including childcare, transportation and housekeeping.
Compensation for claims of wrongful death can be obtained through an asbestos lawsuit which will pay for funeral expenses and other costs associated with the death of loved ones. In addition family members could be entitled to compensation for the emotional pain and sadness caused by the loss of loved ones.
Lawyers who have experience in asbestos litigation may aid victims of mesothelioma lung cancer and other asbestos-related illnesses to seek compensation from responsible asbestos producers. Mesothelioma attorneys can also help make claims using trust funds that were set up by asbestos companies who went bankrupt.
The years between first exposure to asbestos and the beginning of disease can make it difficult to determine who were the ones responsible for an asbestos-related disease. Additionally, evidence can disappear or be destroyed in time, and asbestos companies may cease to be in business, which can complicate the case even further.
When filing an asbestos lawsuit the plaintiff's mesothelioma lawyer should be aware of every possible asbestos-related asbestos product and asbestos manufacturer relevant to the claim. A knowledgeable attorney can conduct a thorough investigation of every Asbestos case manufacturer and product to ensure that all the relevant information is available to the plaintiff in the case.
Belluck & Fox's asbestos lawyers have been holding negligent asbestos manufacturers responsible for the hardworking individuals exposed to the hazardous material. Through the years they have managed to secure more than a billion dollars in compensation for their clients. The firm has won significant verdicts like the $22 million verdict for an Navy veteran who contracted mesothelioma after repairing boilers on ships, and an $8 million verdict for a construction worker who died from exposure to asbestos in joint sealing compounds in the top of a Manhattan high rise.