An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can aid victims of asbestos-related illnesses. They include asbestosis, mesothelioma and lung cancer.
Many companies offer a no-cost case review for patients with mesothelioma. This lets you learn about how a particular company handles these claims and decide whether they are right for you.
A lawsuit against an asbestos company can result in compensation for medical bills, lost wages, and other costs. It is costly to litigate.
The History of Asbestos Lawsuits
Asbestos is a hazard naturally occurring mineral that is used for insulation and fire resistance. It was extensively used in New York,
Asbestos Case as well as other regions of the nation, in industrial, manufacturing and commercial environments. Workers in many of these establishments, including shipyards, power plants and textile mills, were frequently exposed to asbestos. Some of those workers later developed mesothelioma or other lung diseases that are directly linked to their exposure. A New York mesothelioma lawyer can assist those affected to receive the compensation they are entitled to.
Researchers confirmed what many believed to be true: that exposure to asbestos can cause lung damage and cause lung diseases. This revelation triggered a flurry of claims that led dozens of asbestos producers to declare bankruptcy. In the course of bankruptcy proceedings, these companies established asbestos trust funds to pay the victims and their families. The money that is paid into these trusts has now amounted to hundreds of millions of dollar.
While Congress has attempted to pass legislation that would end the
asbestos litigation issue, these bills have not succeeded due to various reasons. For example they didn't address the treatment of mesothelioma sufferers who have recurrences of their illness or who are deceased.
Another obstacle has been the asbestos defense industry's campaign to defy and undermine the scientific consensus that asbestos in all forms even at low levels, can be responsible for creating mesothelioma, lung cancer and other asbestos-related ailments. These campaigns have included financing and publishing articles in journals with scientific content that aim to assist the asbestos industry's legal arguments during trial.
To speed up the process, individual cases can be combined into multidistrict litigation. In 1991, a judge consolidated the asbestos lawsuits of 850 against power plants to speed up the resolution of these cases. Defendants are allowed to appeal a verdict within 30 to 180 days, which can delay the payment of any money award until the appeal is completed. A defendant may be required to make a bond for any money awards, based on the outcome of the appeal.
The process of filing a claim
An asbestos lawyer can assist individuals and families in filing various asbestos claims. These claims can be for compensation to cover funeral costs, medical expenses as well as lost income, loss of consortium, and pain and suffering. They can also seek restitution from companies that exposed workers to asbestos. They can also assist veterans make a claim for disability compensation through the Veteran's Administration.
A lawyer who is an expert in
Asbestos Case litigation will review your case free of charge to determine if there are any legal options that are available. They can help you understand the various legal procedures and answer any questions you may have. They can come to your office, home or hospital for a consult. They are paid on a recurring basis, which means that you won't have to pay upfront legal fees.
If a client hires an asbestos lawyer they must ensure that the lawsuit is filed within the proper deadline. Most states require asbestos-related victims to start a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It can be difficult to determine if a person has been exposed to asbestos as the symptoms don't usually appear until years afterward. An asbestos lawyer can assist clients navigate the laws of their respective states and ensure that the lawsuits are filed within the timeframe.
After filing a complaint a mesothelioma attorney will gather evidence to support your claim. This includes company records as well as interviews conducted with your family members. They can also subpoena records from asbestos-related companies in order to prove negligence.
An experienced asbestos lawyer will also assist you in filing the wrongful-death suit in the event that a loved one has passed away due to mesothelioma and other asbestos-related illnesses. In a lawsuit involving wrongful death, survivors can seek compensation to cover funeral expenses, emotional distress, and loss companionship. They can also seek punitive damages against the asbestos company.
A good asbestos lawyer will have the ability to quickly access documents from different states or asbestos companies and can offer you more legal options than local law firms. The resources offered by an
asbestos law firm can also give victims a much better chance at winning substantial compensation.
Prepare for Trial
Asbestos is a toxic mineral which was used for many years in industrial work. Workers exposed to the material in shipbuilding, construction auto manufacturing, shipbuilding, as well as other industries often suffer from serious diseases like mesothelioma, lung cancer, asbestosis or the pleural effusion (inflammation of the lining of the lungs). If you have been diagnosed with a condition that is related to asbestos exposure, you are entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can help you make a claim for personal injury or wrongful death against the businesses responsible for your exposure. A mesothelioma claim lets you receive financial compensation for medical expenses, lost wages or income, pain and discomfort, emotional distress, etc.
The statutes of limitations differ in each state for personal injury and wrongful death lawsuits. It is crucial to have an experienced mesothelioma lawyer by your side to ensure that you don't miss the deadline to file an action.
Your lawyer will conduct an investigation and gather evidence on your behalf once the legal process has started. They will question you and any former landowners, employers or other individuals that were involved in your exposure asbestos. They will also review the details of your case to determine the extent, where, and when you were exposed.
Most asbestos cases are handled on a contingency basis which means that the attorney will take an amount of the compensation you receive as compensation for representation. Your attorney will take care of all costs associated with 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 be required to sign a contract for the division of the costs and work.
Usually, mesothelioma sufferers and their family members are awarded compensation by winning a jury verdict in favor of the plaintiff. However many asbestos lawsuits settle out of court. Asbestos lawsuits that are successful are paid between $1 million and $1.4 millions to victims.
Going to Trial
Asbestos attorneys can help their clients receive compensation for their injuries by getting a settlement or winning a court. Compensation is based on several factors, including the duration of exposure to asbestos and the frequency and severity of symptoms.