An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos attorney can aid victims of asbestos-related diseases. This includes asbestosis, mesothelioma and lung cancer.
Many firms offer a complimentary case review for patients with mesothelioma. This allows you to learn about how a particular company handles these claims and then decide if they are the right fit for you.
A lawsuit against a business that produces asbestos could result in compensation of medical expenses, lost wages, and other costs. However, litigation can be costly.
The history of asbestos-related lawsuits
Asbestos is a naturally occurring mineral is utilized as an insulator and a fire-resistant material. It was utilized for a long time in New York, as well as other parts of the country, in industrial, manufacturing and commercial environments. Workers working in many of these establishments, including shipyards, power plants, and textile mills were frequently exposed to asbestos. Some of those workers developed mesothelioma or other lung diseases directly related to their asbestos exposure. A New York mesothelioma lawyer can assist those affected to receive the amount of compensation they're entitled to.
Researchers confirmed what many people suspected, that asbestos exposure can cause lung disease and damage. This knowledge sparked a wave claims that led dozens of asbestos producers to declare bankruptcy. In bankruptcy proceedings, these companies established asbestos trust funds for victims and their families. The money that is paid into these trusts amounts to hundreds of millions of dollars.
Although Congress has tried to pass legislation in order to settle the asbestos litigation issue, the bills have stalled due to a variety of reasons. They have not addressed, for example, the best way to treat patients suffering from mesothelioma who have recurrences or who are deceased.
The asbestos defense industry has also been a stumbling block in its campaign to discredit the scientific consensus that asbestos even in low amounts is a risk factor for mesothelioma or lung cancer. These campaigns have included securing funding and publishing papers in scientific journals which are designed to aid the asbestos industry's legal arguments in trial.
Individual cases can be combined into multidistrict litigations to speed the process. In 1991, for example one judge combined over 850 asbestos lawsuits involving power plants to allow for faster resolution of those cases. Defendants are allowed to appeal a verdict within 30 to 180 days, which can delay the payment of any money award until after the appeal is concluded. Based on the outcome of the appeal the defendant could end up being required to sign a bond for any monetary award received.
Making a Claim
An asbestos lawyer can assist families and individuals file different types of asbestos claims. These claims can be for compensation to pay for medical expenses, funeral costs lost income loss of consortium and suffering and pain. They may also seek restitution from companies who exposed workers to asbestos. They may also assist veterans make a claim to the Veteran's Administration for disability compensation.
A lawyer who is specialized in
asbestos litigation can examine your case free of charge to determine if you are eligible for legal options. They can explain the different legal procedures and address any questions that you have. They may visit your hospital or home to consult and operate on a contingency fee, so you will not be held accountable for any upfront legal costs.
If a client employs an asbestos lawyer, he/ will have to ensure that the lawsuit is filed in accordance with the statute of limitations in force. Most states require asbestos victims to submit a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It isn't always easy to determine the time a person was exposed to asbestos, as the symptoms typically do not manifest until years after exposure. An experienced asbestos lawyer can assist clients in understanding the specific laws in their state and ensure that the suit is filed in time.
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 subpoena documents from asbestos-related companies to prove negligence.
An experienced
asbestos law lawyer can also assist you with filing an action for wrongful death if a loved one has passed away due to mesothelioma and other asbestos-related diseases. In a suit for victims of wrongful deaths, survivors may seek compensation to cover emotional pain, funeral expenses and loss of companionship. They can also pursue punitive damages against the asbestos company.
A good asbestos attorney has the resources to quickly access records from different states and asbestos companies. They also offer more legal options than the local law firm can provide. The national resources of an
asbestos law company can also give victims a much better chance at winning significant compensation.
Prepare for trial
Asbestos, a toxic mineral, which was used for many years in industrial settings. Workers exposed to asbestos in shipbuilding, construction,
Asbestos Litigation automobile manufacturing, and other industries often suffer from serious illnesses such as mesothelioma or lung cancer, asbestosis or pleural effusion (inflammation of the lining of the lungs). If you've been diagnosed with a condition that is 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 that are responsible for your exposure. A mesothelioma case allows you to pursue financial compensation for medical expenses, loss of wages as well as pain and suffering, emotional distress, and other damages.
The statutes of limitation differ by state for both personal injury and wrongful death lawsuits. It is essential to have a seasoned mesothelioma attorney on your side to ensure you don't be late in filing an claim.
Once the legal process begins the attorney will work on your behalf to gather and investigate evidence. They will speak with you as well as any former employers, landowners or any other persons involved in your exposure to asbestos. They will also look into the details of your case to determine if you were exposed, where, and when you were exposed.
The majority of asbestos cases are dealt with on a contingency fee basis, meaning that the attorney will receive the a portion of any money you receive as a representation. Your attorney will take care of the entire cost of your case. If you win the case, they will be compensated by the winning party.
If you and your asbestos attorney are unable to come to an agreement over the amount of a contingency fee, you can hire another firm. The attorneys of the second firm must agree to a contract for sharing the costs and work.
Typically, mesothelioma victims and their families receive compensation if they get a jury verdict in favor of the plaintiff. 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 attorneys can assist their client get compensation by either winning or settling a case. Compensation depends on several aspects, including the duration of time and type of asbestos exposure and the degree of symptoms.