An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can aid victims of asbestos-related diseases. These include mesothelioma and asbestosis as well as lung cancer.
Many firms provide free mesothelioma patients with case reviews. This allows you to learn about how a firm handles the claims, and determine if they are right for you.
A lawsuit against a business which manufactures asbestos may result in compensation for medical expenses, lost wages and other costs. Litigation is expensive.
The history of
asbestos law suits
Asbestos is a hazardous, naturally occurring mineral used to create insulation and fire resistance. For many years it was used in a variety of manufacturing, industrial, and commercial settings in New York and across the nation. Workers in a variety of facilities, such as shipyards, power plants, and textile mills, were often exposed to asbestos. Some of those workers developed mesothelioma or other lung diseases that were directly related to their asbestos exposure. A New York mesothelioma lawyer can assist those affected to receive the benefits they are entitled to.
As the first lawsuits were filed in the late 1960s, scientists confirmed what many had long believed to be true - that exposure to asbestos causes lung damage and diseases. This information triggered a wave of claims that led dozens of asbestos producers to declare bankruptcy. In bankruptcy proceedings these companies set up
asbestos case trust funds for the families of victims. The money deposited into these trusts now amounts to hundreds of millions of dollars.
Although Congress has tried to pass legislation to resolve the
asbestos litigation issue, the bills have stalled due to numerous reasons. For example they did not discuss the treatment of mesothelioma sufferers who are suffering from recurrences of their disease or have died.
The asbestos defense industry has also been a roadblock in its attempt to discredit the scientific consensus that asbestos even at a low concentration, can cause mesothelioma and lung cancer. These campaigns include funding and publishing research that are intended to support the asbestos industry's arguments in the courtroom.
Individual cases can be consolidated into multidistrict litigation to expedite the process. In 1991, for example, one judge consolidated 850 power plant asbestos lawsuits to facilitate the faster resolution of these cases. The defendants can appeal a verdict between 30 and 180 days. This can delay any financial award. A defendant could be required to pay a bond for any money award, contingent on the outcome of an appeal.
The process of filing a claim
An asbestos lawyer can help families and individuals with filing different types of asbestos claims. These claims can include compensation for medical expenses, funeral fees loss of income, loss of consortium, pain and suffering, and other damages. They may also sue companies for exposing asbestos workers. They can also aid veterans to apply for disability compensation with the Veteran's Administration.
A lawyer who is specialized in asbestos litigation will review your case for free and determine if you are eligible for legal options. They can answer any questions you may have and provide you with the various legal procedures. They can travel to your workplace, hospital or home to meet with you for a consultation. They operate on a contingency basis, meaning that you don't have to pay any upfront legal costs.
If a client employs an asbestos attorney they must ensure that the lawsuit is filed within the proper deadline. Most 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 an individual has been exposed to asbestos since the symptoms don't usually appear until a long time afterward. An experienced asbestos attorney can assist clients in understanding the laws specific to their state and ensure that the lawsuit is filed in a timely manner.
After filing a complaint an attorney for mesothelioma will seek evidence to support your claim. This includes records from the company and interviews conducted with your family. They can also subpoena records from asbestos-related companies in order to prove negligence.
An experienced asbestos lawyer can also assist you with filing an action for wrongful death when a loved one passed away due to mesothelioma and other asbestos-related illnesses. In a wrongful demise lawsuit survivors can seek compensation for emotional distress, funeral costs, and loss of companionship. They may also pursue punitive damages against the asbestos-related company.
An experienced asbestos lawyer has the resources to quickly access information from various states and asbestos companies, and can offer you more legal options than a local law firm could provide. A national asbestos law firm's resources could give victims a better chance of receiving a large amount of compensation.
Prepare for the trial
Asbestos is a very toxic mineral has been used in industrial jobs for many years. Workers exposed to asbestos in the construction, shipbuilding and automobile manufacturing industries, among others, often suffer from severe diseases like mesothelioma (lung cancer) or asbestosis or pleural effusion (inflammation of the lining of the lungs). If you've been diagnosed as suffering from a disease that is linked to asbestos exposure you deserve compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer will help you file a lawsuit for personal injury or wrongful deaths against companies that are responsible for your exposure. A mesothelioma suit allows you to pursue financial compensation for medical expenses, loss of earnings, 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 mesothelioma lawyer on your side to ensure you don't run out of time to file an claim.
Your attorney will investigate and collect evidence on your behalf after the legal process has started. They will interview both you and your former employer, landowner, or other party who could have been involved in your asbestos exposure. They will also examine the details of your situation to determine how they came to know when, where, and how you were exposed.
Most asbestos cases are handled on a contingency basis, meaning that the attorney will receive a percentage of any compensation you receive as your representation. Your attorney will also pay the costs of your case If you win a judgment or settlement they will receive their fees from the winning party.
If you and your asbestos attorney can't reach an agreement on an hourly fee then you can choose to work with a different firm. However, the attorneys of the second firm must sign a contract to share the work and fees.
In most cases, the compensation is given mesothelioma victims and their families when a jury finds that they are in their favor. Many asbestos lawsuits are settled outside of court. On average, asbestos lawsuits that reach 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 either a settlement or a successful trial decision. Compensation is determined by various factors, including the length of exposure to asbestos as well as the severity and frequency of symptoms. Asbestos lawsuits can result in damages for pain and suffering, loss of income and future earnings as also medical expenses, childcare, transportation, and housekeeping.