An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A skilled asbestos lawyer can help victims of asbestos-related diseases. These include asbestosis and mesothelioma, as well as lung cancer.
Many firms provide free case reviews for mesothelioma sufferers. This allows you to find out how a company responds to these claims and determine if they're the right fit for you.
A lawsuit against an asbestos company could result in reimbursement for medical expenses or lost wages, among other costs. However, litigation is expensive.
The history of asbestos-related lawsuits
Asbestos is a mineral that occurs naturally is used as an insulator and a fire-resistant material. For many years, it was used in various manufacturing, industrial, and commercial settings in New York and across the nation. Workers in a variety of establishments, including shipyards, power plants and textile mills were frequently exposed to asbestos. Some of these workers developed mesothelioma as well as other lung diseases that were directly related to their asbestos exposure. Anyone affected should consult an experienced New York mesothelioma attorney to help them receive the compensation they are due.
As the first lawsuits were filed in the latter half of the 1960s, researchers confirmed what they had long suspected - that asbestos exposure causes lung damage and disease. This knowledge sparked a wave claims that led dozens of asbestos producers to declare bankruptcy. As part of their bankruptcy proceedings, these companies established asbestos trust funds to pay the victims and their families. The money they pay into these trusts now amounts to hundreds of millions of dollar.
While Congress has tried to pass legislation to resolve the
asbestos litigation process, the bills have stalled due to various reasons. For example they did not discuss the treatment options for mesothelioma victims who are suffering from recurrences of their disease or who have passed away.
Another issue has been the asbestos defense industry's campaign to undermine and discredit the scientific consensus that asbestos in all forms even at low levels, are capable of inducing mesothelioma or lung cancer as well as other asbestos-related diseases. These campaigns include funding and publishing research that are intended to support the asbestos industry's arguments in the courtroom.
To speed up the process the individual cases can be condensed into multidistrict litigation. In 1991, a judge consolidated the asbestos lawsuits of 850 against power plants to speed up the resolution of these cases. Plaintiffs may appeal a ruling between 30 and 180 days. This can delay any financial award. Based on the outcome of the appeal a defendant could be required to make a bail for any award of money.
Filing a Claim
An asbestos lawyer can aid families and individuals to file various asbestos claims. These claims could be for reimbursement for funeral costs, medical expenses loss of income, loss in consortium, pain and suffering, and other damages. They can also seek restitution from businesses that exposed workers to asbestos. They can also assist veterans make a claim for disability compensation through the Veteran's Administration.
A lawyer that specializes in
asbestos litigation can examine your case free of charge to determine if you have legal options. They can answer your questions and explain the different legal procedures. They are able to travel to your office, home or hospital to provide a consultation. They work on a contingent basis, meaning that you don't have to pay any upfront legal costs.
If a client employs an asbestos lawyer, he/ must ensure that the lawsuit is filed in line to the statute of limitations applicable to. Many states require asbestos sufferers to file a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It isn't always easy to determine the date a person was exposed to asbestos, as the symptoms don't usually show up until years after exposure. An experienced asbestos attorney can help clients navigate the laws specific to their state and ensure that the suit is filed in a timely manner.
After submitting a complaint, a mesothelioma attorney will gather evidence to support your claim. This includes records from the company and interviews conducted with your family. They can also subpoena documents from asbestos-related companies in order to show negligence.
An experienced asbestos lawyer can help you make a claim for wrongful death if a loved one passed away from mesothelioma, or any other asbestos-related disease. In a suit for grieving families, the survivors can seek compensation for funeral costs, emotional distress, and loss companionship. They can also seek punitive damages against the asbestos-related company.
A good asbestos lawyer will have the ability to quickly gain access to records from different states or asbestos companies, and can provide you with more legal options than local law firms. A national asbestos law firm's resources could provide victims with a greater chance of obtaining a substantial amount of compensation.
Preparing for the Trial
Asbestos, which is a highly toxic mineral has been employed in industrial tasks for decades. People who are exposed to asbestos in construction, shipbuilding manufacturing of automobiles, shipbuilding, and other industries are often affected by severe illnesses like mesothelioma and lung cancer, asbestosis or the pleural effusion (inflammation of the lung's lining). If you have been diagnosed with a disease that is due to asbestos exposure you deserve compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can assist you bring a suit for personal injury or wrongful deaths against companies that are responsible for your exposure. A mesothelioma lawsuit lets you receive financial compensation for medical costs loss of wages or income, pain and discomfort, emotional distress, etc.
State statutes of limitations vary for personal injury and wrongful death lawsuits. It is crucial to have an experienced mesothelioma lawyer on your side to ensure you don't miss the deadline to file an claim.
Your attorney will conduct an investigation and gather evidence on behalf of you once the legal process has started. 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 look into the details of your case to determine how, where, and when you may have been exposed.
The majority of asbestos cases are handled on a contingency basis. This means that the attorney will be paid a percentage of whatever compensation you receive. 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 lawyer cannot agree on a contingency payment and you want to hire a different firm. The attorneys from the second law firm will need to sign a contract that divides the work and costs.
In most cases, the compensation is given to mesothelioma patients as well as their families when a jury decides in their favor. Many asbestos lawsuits are settled outside of court. Asbestos lawsuits that are successful settle between $1 million to $1.4 millions to the victims.
Going to Trial
Asbestos lawyers can aid their clients recover compensation via either a settlement or successful trial decision. Compensation is contingent on a variety of factors, including the length of time and type of asbestos exposure as well as the degree of symptoms.