An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A knowledgeable asbestos lawyer can aid victims of asbestos-related illnesses. These include mesothelioma, asbestosis and lung cancer.
Many companies offer a no-cost case review for mesothelioma patients. This will let you find out how a company responds to these claims and determine if they're the right fit for your.
A lawsuit against a business that manufactures asbestos could result in compensation of medical bills, lost wages and other costs. Legal proceedings can be costly.
The history of asbestos law suits
Asbestos, a naturally occurring mineral, is used as an insulator and a fire-resistant material. For many years it was utilized in various manufacturing, industrial, and commercial settings in New York and across the country. Many of these establishments, including textile mills, power plants and shipyards, exposed workers substantial amounts of asbestos on a regular basis. Some of those workers later developed mesothelioma and other lung diseases that are directly linked to their exposure. Those affected should hire an experienced New York mesothelioma attorney to help them receive the compensation they deserve.
As the first lawsuits were filed in the late 1960s, researchers confirmed what people had believed - that exposure to asbestos causes lung damage and diseases. This revelation triggered a flurry of complaints that prompted a number of asbestos producers to declare bankruptcy. In the course of bankruptcy procedures, these companies set up asbestos trust funds to pay victims and their families. The money they pay to these trusts is now equal to hundreds of millions of dollar.
While Congress has tried to pass legislation to resolve the asbestos litigation issue, these bills have been unable to pass due to numerous reasons. For example they did not consider how to treat mesothelioma patients who have recurrences of their illness or are deceased.
Another roadblock has been the asbestos defense industry's effort to defame 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 illnesses. These campaigns include obtaining funding and publishing articles which are designed to strengthen the asbestos industry's arguments in court.
To speed up the process, individual cases can be consolidated to multidistrict litigation. In 1991, for instance, one judge consolidated the asbestos lawsuits of 850 power plants to facilitate the faster resolution of these cases. The defendants are able to appeal a decision between 30 and 180 days. This can delay any financial award. Depending on the outcome of the appeal a defendant could be legally required to pay a bond for any money awarded.
How to File a Claim
An asbestos lawyer can help families and individuals with filing various asbestos claims. These claims could be for compensation for medical expenses, funeral costs lost income, loss of consortium, and pain and suffering. They may also seek restitution from businesses who exposed workers to asbestos. They can also assist veterans submit a claim for disability compensation through the Veteran's Administration.
A lawyer that specializes in
asbestos litigation can review your case for free and determine if you have legal options. They can answer any questions you may have and provide you with the various legal procedures. They are able to travel to your office, home or hospital for a consult. They work on a contingent basis, which means that you won't have to pay any upfront legal fees.
When a client hires an asbestos lawyer, they must make sure the lawsuit is filed within the correct time frame. The majority of states require victims to file an asbestos lawsuit within a few years of being diagnosed with mesothelioma lung cancer, or any other asbestos-related disease. It can be difficult to determine if an individual has been exposed to asbestos as the symptoms aren't always apparent until decades later. An experienced asbestos attorney can assist clients to navigate the specific laws in their state and ensure that the lawsuit is filed on time.
After filing the complaint, a mesothelioma lawyer will gather evidence to support your claim, including company documents and interviews with family members. They may also request old documents from asbestos companies that might prove negligence.
An experienced asbestos attorney can also assist you in filing a wrongful death lawsuit when a loved-one has died from mesothelioma or other asbestos-related diseases. In a lawsuit involving wrongful death, survivors can seek compensation for emotional distress, funeral costs as well as loss companionship. They may also demand punitive damages from the asbestos company.
A reputable asbestos lawyer has the capability to quickly access records from different states and asbestos companies. They can offer you more legal options than local law firms. The resources offered by an asbestos law company can also give victims a much greater chance of winning substantial compensation.
Preparing for trial
Asbestos is a noxious mineral that was used for a long time in industrial settings. Workers exposed to the material in shipbuilding, construction manufacturing of automobiles, shipbuilding, and other industries typically suffer from severe diseases such as mesothelioma, lung cancer asbestosis, or pleural effusion (inflammation of the lung's lining). If you have been diagnosed as suffering from a condition related to asbestos exposure, then you're entitled compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can help you in filing a personal injury or wrongful-death lawsuit against the businesses that are responsible for your exposure. A mesothelioma lawsuit permits you to seek financial compensation for medical expenses, lost wages as well as pain and suffering emotional distress and other damages.
The statutes of limitations differ by state for both personal injury and wrongful death lawsuits. It is important to have a
mesothelioma lawyer on your side to ensure that you don't be late in filing an action.
When the legal process starts your lawyer will begin working on your behalf to gather and investigate evidence. They will question you and any former landowners, employers, or any other persons involved in your exposure to asbestos. They will also study the details of your situation to determine how, where you were exposed, and the time at which you have been exposed.
The majority of asbestos cases are handled on a contingency basis. This means that your attorney will receive a proportion of any compensation you receive. Your attorney will also cover all costs associated with your case If you win either a settlement or a judgment they will receive their fees from the party that won.
If you and your asbestos attorney can't agree on an hourly fee you may choose to hire a different firm. The attorneys of the second firm must agree to a contract for sharing 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 are settled out of court. Asbestos claims that are successful pay between $1 million and $1.4 millions to the victims.
Going to Trial
Asbestos attorneys can help their clients get compensation through settlement or winning a trial. Compensation is contingent on a variety of factors, including the amount of time and the type of asbestos exposure as well as the degree of symptoms.