An
Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos attorney can aid those suffering from asbestos-related illnesses. This includes asbestosis, mesothelioma and lung cancer.
Many firms offer a free case review for patients with mesothelioma. This allows you to learn about how a firm handles these claims and determine if they are the right choice for you.
A lawsuit against an asbestos-related firm can result in the payment of medical bills or lost wages, among other expenses. However, litigation is expensive.
The history of asbestos-related lawsuits
Asbestos is a mineral that occurs naturally is utilized as an insulator and fire-resistant material. For many years, it was used in a variety of manufacturing commercial, industrial, and settings in New York and across the nation. Many of these establishments, including textile mills, power plants, and shipyards, exposed workers massive amounts of asbestos on a regular basis. Some of them later developed mesothelioma or other lung diseases directly linked to their exposure. Anyone affected should consult an experienced New York mesothelioma attorney to help them get the compensation they deserve.
When 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 diseases. 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 amount that was deposited into these trusts is in the hundreds of millions of dollars.
Congress has attempted to pass legislation to settle the asbestos litigation. However the bills have not passed due to a variety reasons. For example, they did not address the treatment of mesothelioma sufferers who are suffering from recurrences of their illness or who are deceased.
The asbestos defense industry has also been a roadblock in its attempt to discredit the scientific consensus that asbestos, even when it is in low amounts can cause mesothelioma as well as lung cancer. The campaigns have included funding and publishing articles in scientific journals that aim to assist the asbestos industry's legal arguments during trial.
To accelerate the process to speed up the process, individual cases can be consolidated to multidistrict litigation. In 1991, a judge condensed 850 asbestos lawsuits against power plants to speed up the resolution of these cases. The defendants can appeal a verdict within 30 to 180 days, which will delay the payment of any award in cash until after the appeal has been completed. Based on the outcome of the appeal a defendant could be required to sign a bond for any money awarded.
Filing a Claim
An asbestos lawyer can assist families and individuals file different types of asbestos claims. These claims could be for compensation to pay for funeral expenses, medical expenses and lost income loss of consortium and suffering and pain. They may also sue companies that exposed asbestos workers. They can also aid veterans file a claim for disability compensation through the Veteran's Administration.
A lawyer who is an expert in asbestos litigation will examine 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 address any questions you may have. They may visit your hospital or home for a consultation. They work on a contingency basis which means you won't be held accountable for any upfront legal fees.
If a client hires an asbestos lawyer they must ensure that the lawsuit is filed within the applicable deadline. Many states require asbestos sufferers to bring a suit within a couple of years after being diagnosed with mesothelioma or lung cancer. It isn't always easy to determine when a person was exposed to asbestos, since the symptoms are not likely to show up until years after exposure. An experienced asbestos attorney 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 gather evidence to support your claim. This includes company records as well as interviews with family members. They can also subpoena documents from asbestos-related companies in order to show negligence.
A skilled asbestos lawyer can assist you to start a lawsuit to claim wrongful death if a loved one was killed by mesothelioma, or any other asbestos-related disease. In a lawsuit for the wrongful death of a loved one, survivors can seek compensation for emotional pain, funeral expenses and loss companionship. They can also seek punitive damages against the asbestos-related company.
An experienced asbestos attorney can quickly access records from different states and asbestos companies, and will give you more legal options than the local law firm can offer. The national resources of an asbestos law company can provide victims with a greater chance of winning substantial compensation.
Preparing for Trial
Asbestos is a toxic mineral that was used for a long time in industrial settings. Workers exposed to the material in construction, shipbuilding, automobile manufacturing, and other industries frequently suffer from serious diseases like mesothelioma, lung cancer asbestosis or pleural effusion (inflammation of the lung's lining). If you have been diagnosed as having a disease related to asbestos exposure, you are entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can help you file a lawsuit for personal injury or wrongful deaths against the companies responsible for your exposure. A mesothelioma claim allows you to receive financial compensation for medical costs and lost wages as well as pain and discomfort, emotional distress, and more.
State statutes of limitations vary for personal injury and wrongful death lawsuits. It's important to have a mesothelioma attorney on your side to ensure you don't overrun the deadline for filing an claim.
Once the legal process has begun your lawyer will begin working on your behalf to look into and gather evidence. They will question you and your former employer, landowner, or other persons who may have been involved in your asbestos exposure. They will also study the specifics of your case to determine the location, the method and when you might have been exposed.
The majority of asbestos cases are handled by a contingency-fee system. This means that your attorney will get a portion of whatever compensation you receive. Your attorney will also take care of the costs of your case in the event that you win an award or settlement they will receive their fees from the winning party.
If you and your asbestos lawyer can't reach an agreement on a contingency fee then you can choose to work with another firm. The attorneys from the second law firm will be required to sign a contract that divides the cost of work and fees.
Usually, mesothelioma sufferers and their families are awarded compensation by winning a jury verdict in favor of the plaintiff. 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 lawyers can assist their clients get compensation through settlement or winning a trial. Compensation is contingent on a variety of factors, such as the amount of time and type of asbestos exposure as well as the severity of symptoms.