An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A knowledgeable
asbestos lawyer can aid victims of asbestos-related diseases. These include asbestosis, mesothelioma and lung cancer.
Many companies offer a no-cost case review for mesothelioma patients. This will allow you to observe how a particular company handles these claims and determine if they are the right fit for your.
A lawsuit against a business that manufactures asbestos can 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 naturally occurring mineral that is used for insulation and fire protection. For decades it was used in a variety of manufacturing, industrial, and commercial settings in New York and across the country. Many of these facilities, such as textile mills, power plants, and shipyards, exposed workers massive amounts of asbestos on a regular basis. Some of the workers were diagnosed with mesothelioma and other lung diseases directly related to their asbestos exposure. A New York mesothelioma lawyer can assist those affected to receive the compensation they're entitled to.
Researchers proved what a lot of people believed to be true: that exposure to asbestos can cause lung disease and damage. This information triggered a wave of claims that led dozens of asbestos producers to declare bankruptcy. In the bankruptcy proceedings, these companies established asbestos trust funds for the families of victims. The money deposited into these trusts now amounts to hundreds of millions of dollars.
Although Congress has attempted to pass legislation to resolve the asbestos litigation issue, these bills have not succeeded due to various reasons. For example, they did not address how to treat mesothelioma patients who are suffering from recurrences of their illness or are deceased.
Another obstacle has been the asbestos defense industry's effort to undermine and discredit the scientific consensus that all forms of
asbestos settlement, even at low levels, can be responsible for producing mesothelioma and lung cancer as well as other asbestos-related diseases. The campaigns have included funding and publishing papers in scientific journals which are designed to aid the asbestos industry's legal arguments during trial.
To accelerate the process, individual cases can be consolidated to multidistrict litigation. In 1991, a judge combined over 850 asbestos lawsuits filed against power plants to speed up resolution of these cases. Plaintiffs may appeal a ruling between 30 and 180 days. This could delay any financial award. Depending on the outcome of the appeal the defendant could end up being required to make a bail for any money awarded.
How to File a Claim
An asbestos lawyer can help individuals and families file various kinds of asbestos claims. These claims can be for compensation for funeral expenses, medical expenses loss of income, loss in consortium in consortium, pain and suffering and other damages. They can also sue companies that exposed asbestos workers. They may also aid veterans to file a claim with the Veteran's Administration for disability compensation.
A lawyer who is an expert in
asbestos litigation will examine your case for free to determine if there are any legal options that are available. They can answer your questions and explain the different legal procedures. They are often able to travel to your hospital or at home to meet with you and operate on a contingency fee which means that you won't be held accountable for any initial legal fees.
When a client hires an asbestos lawyer they must ensure the lawsuit is filed within the proper statute of limitations. Most states require victims to make an asbestos lawsuit within a few years of being diagnosed with mesothelioma, lung cancer or another asbestos-related illness. It is often difficult to determine whether a person has been exposed to asbestos, since the symptoms are not likely to show up until years after exposure. An asbestos lawyer can help clients navigate the laws of their respective states and ensure that lawsuits are filed at the right time.
After filing the complaint, an attorney for mesothelioma will gather evidence to prove your claim, which could include company records as well as interviews with family members. They can also subpoena old documents from asbestos-related companies that could reveal negligent behavior.
A seasoned asbestos lawyer can assist you to bring a lawsuit for wrongful death if a loved ones died from mesothelioma, or any other asbestos-related disease. In a wrongful death suit, survivors may seek compensation for emotional stress, funeral expenses and loss of companionship. They can also pursue punitive damages against the asbestos company.
An experienced asbestos lawyer has the capacity to swiftly access records from different states and asbestos companies. They also offer more legal options than a local law firm could provide. The national resources of an asbestos law firm can also give victims a much greater chance of winning substantial compensation.
Prepare for trial
Asbestos, which is a highly toxic mineral, has been used in industrial jobs for a long time. Workers exposed to asbestos in shipbuilding, construction manufacturing of automobiles, shipbuilding, and other industries often suffer from serious diseases like mesothelioma, lung cancer, asbestosis, or the pleural effusion (inflammation of the lining of the lungs). If you've been identified with a condition that is 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 bring a suit for personal injury or wrongful death against the companies responsible for your exposure. A mesothelioma case allows you to receive financial compensation for medical expenses loss of wages as well as pain and discomfort, emotional distress, and more.
The statutes of limitations vary according to state, for both personal injury and wrongful death lawsuits. It is essential to have an experienced mesothelioma attorney on your side to ensure you don't overrun the deadline for filing an action.
Your attorney will conduct an investigation and gather evidence on your behalf after the legal process has begun. They will interview both you and your former employer, landowner or other individuals who could have been involved in your asbestos exposure. They will also review the details of your situation to determine if the location, when, and where you were exposed.
Most asbestos cases are handled using a contingency-fee basis. This means that the attorney will receive a proportion of any amount you are paid. Your attorney will also cover any expenses associated with your case If you win an award or settlement the attorney will be able to collect their fees from the winner.
If you and your asbestos attorney can't reach an agreement on the cost of a contingency, you can hire another firm. However, the attorneys in the second firm must sign a contract to share the costs and work.
Typically, mesothelioma victims and their family members receive compensation if they get an appeals court verdict in favor of the plaintiff. However many asbestos lawsuits settle outside of court. On average asbestos lawsuits that get an agreement that is successful pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers are able to help their clients obtain compensation through either a settlement or successful trial verdict. Compensation depends on several factors, including the amount of time and the type of asbestos exposure as well as the degree of symptoms.