An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can assist victims of asbestos-related illnesses. These include mesothelioma, asbestosis and lung cancer.
Many companies offer a free case review for mesothelioma patients. This allows you to observe how a particular company deals with these claims and determine if they're the right fit for your.
A lawsuit against an asbestos company can result in settlement for medical bills or lost wages, among other expenses. Litigation is expensive.
The history of asbestos law suits
Asbestos is a mineral that occurs naturally that is a natural mineral, is used as an insulator and fire-resistant material. It was widely used in New York, as well as other areas of the country in manufacturing, industrial and commercial settings. Workers in many of these locations, such as shipyards, power plants and textile mills, were often exposed to asbestos. A few of them later developed mesothelioma and other lung diseases directly linked to their exposure. People who are affected should consult an skilled New York mesothelioma attorney to help them get the compensation they are due.
As the first lawsuits were filed in the latter half of 1960, scientists confirmed what people had believed - that exposure to asbestos causes lung damage and diseases. This information triggered a wave of complaints that prompted a number of asbestos producers to declare bankruptcy. In bankruptcy proceedings these companies set up asbestos trust funds for the families of victims. The money paid into these trusts has now amounted to hundreds of millions of dollar.
While Congress has tried to pass legislation in order to settle the asbestos litigation issue, these bills have been unable to pass due to many reasons. For instance they did not consider how to treat mesothelioma patients who have recurrences of their disease or have died.
Another roadblock has been the asbestos defense industry's effort to discredit and undermine the scientific consensus that all forms of asbestos, even at low levels, can be responsible for causing mesothelioma, lung cancer and other asbestos-related ailments. These campaigns include funding and publishing research which are designed to strengthen the asbestos industry's arguments in the courtroom.
Individual cases may be consolidated into multidistrict litigations to speed the process. In 1991, a judge joined 850 asbestos lawsuits against power plants to speed up the resolution of these cases. The defendants are able to appeal a decision between 30 and 180 days. This will delay any monetary award. Depending on the outcome of the appeal a defendant could end up being required to sign a bond for any monetary award received.
How to File a Claim
An
asbestos lawyer can help individuals and families file various kinds of asbestos claims. These claims may be for compensation to pay for funeral expenses, medical expenses and lost income loss of consortium and suffering and pain. They can also seek restitution from businesses that exposed workers to asbestos. They may also help veterans submit a claim to the Veteran's Administration for disability compensation.
A lawyer that specializes in
asbestos litigation can examine your case at no cost to determine if you are eligible for legal options. They will explain the various legal procedures and address any questions you might have. They can often travel to your hospital or at home to consult and work on a contingency basis, so you will not be responsible for any upfront legal costs.
When a client hires an asbestos attorney, they must make sure that the lawsuit is filed within the proper time frame. Many states require that victims start a lawsuit for
Mesothelioma asbestos within a couple of years of being diagnosed with mesothelioma lung cancer, or any other asbestos-related disease. It is often difficult to determine when a person was exposed to asbestos because the symptoms usually do not manifest until years after exposure. An asbestos lawyer can assist clients navigate the laws of their respective states and ensure that lawsuits are filed in time.
After filing the complaint, a mesothelioma lawyer will gather evidence to support your claim. This includes company records and interviews with your family members. They can also subpoena old documents from asbestos companies to prove the negligence of the company.
An experienced asbestos lawyer can also help you file a wrongful death lawsuit when a loved-one has died from mesothelioma or other asbestos-related illnesses. In a wrongful death lawsuit, survivors may seek compensation for emotional distress, funeral expenses, and loss of companionship. They can also seek punitive damages against asbestos companies.
A good asbestos lawyer will have the ability to quickly gain access to records from different states or asbestos companies and can offer you more legal options than local law firms. A national asbestos law firm's resources provide victims with a greater chance of obtaining a substantial amount of compensation.
Prepare for the trial
Asbestos is a noxious mineral that was used for a long time in industrial jobs. Workers who were exposed to asbestos in construction, shipbuilding automotive manufacturing, shipbuilding, and other industries typically suffer from severe illnesses like mesothelioma, lung cancer asbestosis or pleural effusion (inflammation of the lung's lining). If you've been diagnosed with a condition that is related to asbestos exposure you deserve 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 who are accountable for your exposure. A mesothelioma lawsuit allows you to pursue financial compensation for medical expenses, loss of earnings or income, pain and suffering, emotional distress and other damages.
The statutes of limitations differ in each state for personal injury and wrongful death lawsuits. It is essential to have a seasoned mesothelioma lawyer by your side to ensure you don't run out of time to file claims.
Once the legal process begins the attorney will work on your behalf to look into and gather evidence. They will conduct an interview with you and any former landowners, employers, or other parties that may have been involved in your exposure to asbestos. They will also study the specifics of your case to determine how, where you were exposed, and the time at which you have been exposed.
The majority of asbestos cases are handled by a contingency fee which means that the attorney is paid the a portion of any money you receive as a representation. Your attorney will also be responsible for all costs associated with your case and, if you prevail any settlement or
mesothelioma judgment they will receive their fees from the winning party.
If you and your asbestos attorney are unable to reach an agreement on 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 dividing the cost of work and fees.
Typically, mesothelioma victims and their families receive compensation when they win an appeals court verdict in favor of the plaintiff. However many asbestos lawsuits settle outside of court. Asbestos claims that are successful will pay between $1 million and $1.4 millions to victims.
Going to Trial
Asbestos lawyers can assist their clients receive compensation through either a settlement or successful trial decision. Compensation is determined by several factors, including the length of exposure to asbestos as well as the severity and frequency of symptoms.