25 Shocking Facts About Asbestos Law
An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A skilled asbestos lawyer can help victims of asbestos-related ailments. This includes asbestosis and mesothelioma, as well as 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 then decide if they are suitable for you.
A lawsuit against an asbestos-related company can result in settlement for medical bills, lost wages and other expenses. However, litigation can be costly.
The History of Asbestos Lawsuits
Asbestos is a dangerous naturally occurring mineral used for insulation and fire protection. It was utilized for a long time in New York, as well as in other parts of the country, in manufacturing, industrial and commercial environments. Many of these facilities, like textile mills, power plants, and shipyards, exposed workers to massive amounts of asbestos regularly. Some of those workers developed mesothelioma or other lung diseases directly connected to their exposure to asbestos. A New York mesothelioma lawyer can help those affected receive the benefits they are entitled to.
Researchers proved what many believed to be true: that exposure to asbestos can cause lung damage and cause lung diseases. This revelation triggered a flurry of lawsuits that led to dozens of asbestos companies to file for bankruptcy. As part of their bankruptcy proceedings, these companies established asbestos trust funds to pay the victims and their families. The amount of money that was transferred to these trusts is currently in the hundreds of millions of dollars.
Congress has tried to pass legislation in order to end the asbestos lawsuit. However the bills have failed due to a variety of reasons. For example, they did not address the treatment options for mesothelioma victims who are suffering from recurrences of their illness or who are deceased.
The asbestos defense industry has also been a roadblock in its campaign to discredit the scientific consensus that asbestos, even when it is in low amounts, can cause mesothelioma and lung cancer. These campaigns have included financing and publishing articles in journals of science that aim to assist the asbestos case industry's legal arguments in trial.
Individual cases may be consolidated into multidistrict litigation in order to speed up the process. In 1991, for instance, one judge consolidated 850 power plant asbestos lawsuits to facilitate faster resolution of these cases. The defendants can appeal a verdict between 30 and 180 days. This will delay any monetary award. A defendant could be required to provide a bonds for any awards, based on the outcome of an appeal.
How to File a Claim
An asbestos lawyer can help families and individuals file various types of asbestos claims. These claims could be for compensation for funeral costs, medical expenses loss of income, loss in consortium or consortium, pain and suffering and other damages. They can also sue companies that exposed asbestos workers. They can also assist veterans file a claim for disability compensation with the Veteran's Administration.
A lawyer with expertise in asbestos litigation can look over your case free of charge to determine if you are eligible for legal options. They will be able to answer your questions and provide you with the various legal procedures. They may visit your hospital or at home for asbestos lawsuit a consultation. They work on a contingency basis which means that you won't be held accountable for any initial legal fees.
When a client hires an asbestos attorney they must ensure that the lawsuit is filed within the applicable statute of limitations. Many states require that victims file an asbestos lawsuit within a couple of years of being diagnosed with mesothelioma lung cancer, or another asbestos-related disease. It can be difficult to determine if someone has been exposed to asbestos because the symptoms usually don't show until decades afterward. An asbestos lawyer can assist clients navigate the laws of their state and ensure that the lawsuits are filed within the timeframe.
After filing the complaint an attorney for mesothelioma will gather evidence to back your claim, such as company records and interviews with family members. They may also request documents from asbestos-related companies in order to prove negligence.
An experienced asbestos lawyer can help you file a lawsuit for wrongful death if your loved one passed away from mesothelioma or another asbestos-related disease. In a wrongful death lawsuit survivors are entitled to compensation for emotional distress, funeral costs, and loss of companionship. They may also seek punitive damage against asbestos companies.
A good asbestos lawyer has the capability to quickly access documents from various states or asbestos firms and can provide you with more legal options than local law firms. The national resources of an asbestos law firm will also give victims a much greater chance of winning substantial compensation.
Prepare for the trial
Asbestos, a toxic mineral, which was used for many years in industrial jobs. Workers exposed to the material in construction, shipbuilding automotive manufacturing, shipbuilding, and other industries typically suffer from severe illnesses like mesothelioma, lung cancer asbestosis, or the pleural effusion (inflammation of the lining of the lungs). If you've been diagnosed with a disease caused by asbestos exposure, you are entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can assist you file a personal injury or wrongful-death lawsuit against the businesses who are accountable for your exposure. A mesothelioma case allows you to receive financial compensation for medical costs loss of wages, pain and discomfort, emotional distress, etc.
State statutes of limitation vary for personal injury and wrongful deaths lawsuits. It is crucial to have a seasoned mesothelioma attorney on your side to ensure you don't run out of time to file an claim.
When the legal process is initiated the attorney will work on your behalf to gather and investigate evidence. They will conduct interviews with you and any former employer, landowner, or other parties who may have been involved in your asbestos exposure. They will also investigate the details of your situation to determine where, how and when you could be exposed.
The majority of asbestos cases are dealt with on a contingency fee basis, meaning that the attorney takes part of any compensation you receive for your representation. Your attorney will pay for the entire cost of your case. If you win, they will be paid by the winning party.
If you and your asbestos attorney cannot reach an agreement on the amount of a contingency fee, you can hire another firm. However, the attorneys in the second firm must sign a contract that shares the cost of work and fees.
In the majority of cases, the compensation is given to mesothelioma patients as well as their families when a jury decides in their favor. However many asbestos lawsuits settle outside of court. On average, asbestos lawsuits that reach 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 getting a settlement or winning a court. Compensation is based on various factors, including the length 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 also medical expenses as well as transportation, childcare, and housekeeping.
Compensation for wrongful deaths can also be obtained through an asbestos lawsuit, which includes money to cover funeral expenses and other costs associated with the loss of a loved one. Families may also be entitled to compensation for the emotional trauma caused by the death the loss of a loved one.
Lawyers who have experience in asbestos litigation may help patients suffering from mesothelioma lung cancer, and other asbestos-related diseases seek compensation from responsible asbestos producers. In addition, mesothelioma lawyers may provide assistance in filing claims using trust funds established by asbestos companies that went into bankruptcy.
The time interval between first exposure to asbestos and the onset of illness can make it difficult to determine who were the ones responsible for an asbestos-related illness. Evidence may also vanish or be lost with time, and asbestos-related companies could cease to be in business. This makes the case more complicated.
When filing an asbestos lawsuit, the mesothelioma lawyer for the plaintiff should be aware of every possible asbestos-related asbestos product and asbestos manufacturer involved in the claim. An experienced attorney will conduct an exhaustive investigation of each asbestos product and asbestos manufacturer to ensure that the case contains all the facts.
Belluck and Fox's asbestos lawyers have been holding negligent asbestos manufacturers accountable for the hardworking workers who were exposed to this hazardous material. 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 $22 million award for an Navy veteran diagnosed with mesothelioma while repairing boilers on ships, and an $8million verdict for a construction employee who passed away after being exposed to asbestos in joint sealing compounds at a Manhattan skyscraper.