An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced
asbestos attorney can help victims of asbestos-related diseases. These include mesothelioma, asbestosis and lung cancer.
Many companies offer free case reviews for mesothelioma sufferers. This will let you examine how a company deals with these claims and determine if they are the right fit for your.
A lawsuit against a company that manufactures asbestos can result in compensation of medical bills, lost wages and other expenses. However, litigation can be costly.
The History of Asbestos Lawsuits
Asbestos is a naturally occurring mineral is used as an insulator and fire-resistant material. For decades it was employed in a variety of manufacturing commercial, industrial, and settings in New York and across the nation. The workers in these establishments, including shipyards, power plants, and textile mills, were frequently exposed to asbestos. Some of those workers later developed mesothelioma or other lung diseases directly linked to their exposure. A New York mesothelioma lawyer can help those affected receive the compensation they're entitled to.
As the first lawsuits were filed in the late 1960s, researchers confirmed what they had long suspected - that asbestos exposure causes lung damage and diseases. This information triggered a wave of claims that led to dozens of asbestos producers to declare bankruptcy. In bankruptcy proceedings, asbestos manufacturers set up trust funds for the families of victims. The amount that was paid to these trusts is currently in the hundreds of millions of dollars.
While Congress has tried to pass legislation in order to settle the
asbestos litigation process these bills have not succeeded due to numerous reasons. They did not address for instance, how to treat patients with mesothelioma who are recurrent or are deceased.
The asbestos defense industry has also been a hindrance in its campaign to discredit the scientific consensus that asbestos even at a low concentration is a risk factor for mesothelioma or lung cancer. These campaigns have included funding and publishing articles in scientific journals which are designed to aid the asbestos industry's legal arguments at trial.
To speed up the process the individual cases can be condensed into multidistrict litigation. In 1991, for example, one judge consolidated 850 power plant asbestos lawsuits to speed up the resolution of these cases. The defendants are able to appeal a decision between 30 and 180 days. This can delay any monetary award. A defendant could be required to make a an amount of bond for any awards received, depending on the outcome of an appeal.
Making a Claim
An asbestos lawyer can assist families and individuals file various types of asbestos claims. These claims can include compensation for medical expenses, funeral fees lost income, loss of consortium as well as pain and suffering and other damages. They may also sue companies that exposed asbestos workers. They can also aid veterans make a claim for disability compensation through the Veteran's Administration.
A lawyer who is specialized in asbestos litigation can examine your case at no cost to determine if you have legal options. They can answer any questions you may have and explain the various legal procedures. They may visit your hospital or at home to meet with you and operate on a contingency fee and therefore you won't be held accountable for any initial legal costs.
If a client hires an asbestos attorney, they must make sure that the lawsuit is filed within the applicable statute of limitations. Many states require that victims make an
asbestos lawsuit within a couple of years of being diagnosed with mesothelioma, lung cancer, or an asbestos-related illness. It isn't easy to know whether a person has been exposed to asbestos since the symptoms typically do not appear until decades after exposure. An experienced asbestos attorney can assist clients in understanding the laws specific to 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. This includes company records as well as interviews with family members. They can also subpoena older documents from the asbestos companies, which could prove negligent behavior.
An experienced asbestos lawyer can also assist you with filing a wrongful death suit if a loved one has died from mesothelioma, or other asbestos-related illnesses. In a suit for wrongful death, survivors can claim compensation to compensate for emotional distress, funeral costs and loss companionship. They can also demand punitive damages from the asbestos company.
A reputable asbestos lawyer has the capability to quickly access documents from different states or asbestos companies, and can offer you more legal options than local law firms. The national resources of an asbestos law firm can provide victims with a better chance at winning significant compensation.
Prepare for the trial
Asbestos, which is a highly toxic mineral is used in industrial jobs for decades. Workers exposed to asbestos in the construction, shipbuilding and automobile manufacturing industries among others, frequently suffer from severe diseases like mesothelioma (lung cancer) as well as asbestosis or the pleural effusion (inflammation of the lung's lining). If you have been diagnosed with a disease due to asbestos exposure, you are entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can assist you make a personal injury claim or wrongful death lawsuit against the companies that are responsible for your exposure. A mesothelioma lawsuit allows you to receive financial compensation for medical costs and lost wages or income, pain and discomfort, emotional distress, and more.
State statutes of limitation vary for personal injury and wrongful death lawsuits. You'll need a knowledgeable mesothelioma lawyer in order to ensure you don't miss your deadline for filing a claim.
Once the legal process begins your lawyer will begin working on your behalf to investigate and gather evidence. They will question you and any former employers, landowners, or other people involved in your exposure to asbestos. They will also investigate the details of your situation in order to determine how, where, and when you were exposed.
The majority of asbestos cases are handled by a contingency fee which means that the attorney takes the a portion of any money you receive for your representation. Your attorney will cover the entire cost of your case. If you win you will be paid by the winning party.
If you and your asbestos attorney cannot come to an agreement on the cost of a contingency then you can choose to work with a different firm. However, the attorneys of the second firm must agree to a contract for sharing the cost of work and fees.
In the majority of cases, compensation is awarded to mesothelioma patients as well as their families when a jury comes in their favor. Many asbestos lawsuits are settled outside of court. On average asbestos lawsuits that have an agreement that is successful pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can assist their clients receive compensation for their injuries by either winning or settling a case. Compensation is contingent on a variety of factors, such as the amount of time and the type of asbestos exposure and the severity of the symptoms. Asbestos lawsuit compensation may include damages for physical suffering and suffering loss of income, future earnings, medical expenses, and household expenses, such as childcare, transportation and housekeeping.