An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A skilled asbestos lawyer can assist victims of asbestos-related diseases. This includes asbestosis and mesothelioma as well as lung cancer.
Many companies offer a free case review for patients with mesothelioma. This allows you to find out about how a firm handles these claims and then decide if they are suitable for you.
A lawsuit against a company that manufactures asbestos could result in compensation of medical expenses, lost wages and other costs. However, litigation can be costly.
The History of Asbestos Lawsuits
Asbestos is a hazardous natural mineral that is utilized for insulation and fire protection. It was extensively used in New York, as well as other areas of the United States, in manufacturing, industrial and commercial settings. Workers in many of these establishments, including power plants, shipyards and textile mills, were often exposed to asbestos. Some of those workers later developed mesothelioma and other lung diseases directly related to their exposure. Those affected should hire an expert New York mesothelioma attorney to ensure they receive the compensation they deserve.
When the first lawsuits were filed in the latter half of the 1960s, researchers confirmed what people had long suspected - that asbestos exposure causes lung damage and disease. This revelation triggered a flurry of claims that caused a multitude of asbestos producers to declare bankruptcy. In the course of bankruptcy proceedings, these companies established asbestos trust funds to pay victims and their families. The money deposited into these trusts has now amounted to hundreds of millions of dollars.
Congress has tried to pass legislation to end the
asbestos lawsuit. However the bills have failed due to a variety of reasons. For instance they didn't address the treatment options for mesothelioma victims who are recurrently suffering from their illness or who are deceased.
Another issue has been the asbestos defense industry's attempt to undermine and
asbestos lawsuit discredit the scientific consensus that all forms of asbestos even at very low levels, can be responsible for producing mesothelioma and lung cancer, and other asbestos-related illnesses. These campaigns have included securing funding and publishing papers in scientific journals that are intended to help the asbestos industry's legal arguments at trial.
Individual cases may be consolidated into multidistrict litigation in order to speed up the process. In 1991, for instance one judge combined 850 power plant asbestos lawsuits to facilitate faster resolution of those cases. The defendants can appeal a verdict within 30 to 180 days. This will delay the payment of any money award until the appeal is concluded. A defendant could be required to provide a an amount of bond for
asbestos lawsuit any award, contingent on the outcome of the appeal.
How to File a Claim
An asbestos lawyer can help families and individuals in filing different types of asbestos claims. These claims could include compensation to pay for funeral expenses, medical costs, lost income loss of consortium and pain and suffering. They may also seek restitution from companies which exposed workers to asbestos. They may also assist veterans submit a claim to the Veteran's Administration for disability compensation.
A lawyer that specializes in asbestos litigation will review your case at no cost to determine if you are eligible for legal options. They can answer your questions and provide you with the various legal procedures. They are able to travel to your home, hospital or office to meet with you for a consultation. They operate on a contingency basis so you won't have to pay upfront legal fees.
When a client engages an asbestos attorney they must ensure the lawsuit is filed within the proper deadline. The majority of states require victims to file an asbestos lawsuit within a few years of being diagnosed with mesothelioma, lung cancer or another asbestos-related illness. It can be difficult to determine if a person has been exposed to asbestos since the symptoms aren't always apparent until a long time afterward. A lawyer for asbestos can help clients navigate the laws of their state and ensure that lawsuits are filed on time.
After filing the complaint a mesothelioma lawyer will gather evidence to prove your claim, which could include company documents and interviews with family members. They can also subpoena old documents from asbestos companies to prove negligence.
An experienced asbestos lawyer can help you file a lawsuit for wrongful death if a loved one was killed by mesothelioma or a different asbestos-related disease. In a suit for victims of wrongful deaths, survivors may seek compensation to help with emotional pain, funeral expenses as well as loss companionship. They may also seek punitive damages against the asbestos company.
An experienced asbestos lawyer can quickly get records from various states and asbestos companies. They can offer more legal options than an individual law firm could offer. The resources offered by an asbestos law firm could provide victims with a greater chance of winning substantial compensation.
Preparing for the Trial
Asbestos, which is a highly toxic mineral has been used in industrial jobs for many years. Workers exposed to asbestos in shipbuilding, construction and automotive manufacturing industries among others, suffer from serious illnesses like mesothelioma (lung cancer), asbestosis or Pleural effusion (inflammation of lungs' lining). If you've been diagnosed with an illness related to asbestos exposure, you are entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can assist you make a personal injury claim or wrongful-death lawsuit against the businesses who are accountable for your exposure. A mesothelioma lawsuit permits you to pursue financial compensation for medical expenses, lost wages as well as pain and suffering emotional distress, and other damages.
State statutes of limitation differ for personal injury and wrongful deaths lawsuits. It is important to have a seasoned mesothelioma lawyer on your side to ensure you don't miss the deadline to file an action.
Your lawyer will conduct an investigation and gather evidence on your behalf after the legal process has started. They will speak with you as well as any former landowners, employers or other people involved in your exposure to asbestos. They will also review the specifics of your case to determine how the location, when, and where you were exposed.
Most asbestos cases are handled by a contingency fee which means that the attorney will receive part of any compensation you receive as your representation. Your attorney will also take care of any costs associated with your case and, if you prevail either a settlement or a judgment they will receive their fees from the winning party.
If you and your asbestos lawyer are unable to come to an agreement on a contingent payment then you can choose to work with another firm. The attorneys of the second law firm will need to sign a contract for the division of the work and costs.
In most cases, compensation is granted to mesothelioma patients as well as their families when a jury comes that they are in their favor. However, many
asbestos case 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 attorneys can assist their clients obtain compensation by settling or winning a trial. Compensation is determined by various factors, such as the duration of exposure to asbestos and the frequency and severity of symptoms.