Buck Hodgetts asked 4 months ago
An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A knowledgeable asbestos lawyer can assist victims of asbestos-related diseases. These include mesothelioma, asbestosis and lung cancer.
Many companies offer a no-cost case review for patients with mesothelioma. This allows you to find out about the way a company handles the claims, and determine if they are the right fit for you.
A lawsuit against an asbestos company can result in the payment of medical bills, lost wages, and other expenses. However, litigation is expensive.
The history of asbestos-related lawsuits
Asbestos is a hazardous naturally occurring mineral that is used for fireproofing and insulation. For a long time it was utilized in various manufacturing commercial, industrial, and settings in New York and across the country. Many of these establishments, including textile mills, power plants and shipyards, exposed workers large amounts of asbestos on a regular basis. Some of these workers later developed mesothelioma and other lung diseases that are directly related to their exposure. Anyone affected should consult an experienced New York mesothelioma attorney to assist them in obtaining the compensation they’re due.
When the first lawsuits were filed in the latter half of the 1960s, researchers confirmed what many had long suspected – that exposure 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 amount that was deposited into these trusts is in the hundreds of millions of dollars.
Congress has attempted to pass legislation to end the asbestos lawsuit. However these bills have been unable to pass due to a variety reasons. They did not address, for example, the best way to treat patients suffering from mesothelioma who are recurrent or have passed away.
Another roadblock has been the asbestos defense industry’s campaign to defy and undermine the scientific consensus that asbestos in all forms even at low levels, can be responsible for causing mesothelioma, lung cancer as well as other asbestos-related diseases. These campaigns have included funding and publishing articles in journals of science which are designed to aid the asbestos industry’s legal arguments at trial.
To speed up the process, individual cases can be condensed into multidistrict litigation. In 1991, a judge consolidated 885 asbestos lawsuits against power plants to speed the resolution of these cases. Plaintiffs may appeal a ruling between 30 and 180 days. This can delay any financial award. A defendant could be required to post bond for any monetary award, contingent on the outcome of the appeal.
Filing a Claim
An asbestos lawyer can assist individuals and families file various kinds of asbestos claims. These claims may be for compensation for funeral expenses, medical expenses, lost income, loss of consortium, pain and suffering, and other damages. They can also sue companies for exposing asbestos workers. They can also assist veterans submit a claim to the Veteran’s Administration for disability compensation.
A lawyer who is specialized in asbestos litigation can review your case free of charge to determine if there are any legal options. They can explain the different legal processes and answer any questions you may have. They are often able to travel to your hospital or at home for a consultation and work on a contingency basis and therefore you won’t be liable for any upfront legal fees.
When a client hires a asbestos attorney, he or will have to ensure that the lawsuit is filed in accordance with the applicable statute of limitation. Most states require asbestos-related victims to submit a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It is often difficult to determine the time a person was exposed to asbestos, since the symptoms usually do not manifest until years after exposure. An asbestos lawyer can help clients navigate the laws of their state and ensure that the lawsuits are filed on time.
After filing the complaint a mesothelioma lawyer will gather evidence to support your claim. This includes company documents and interviews with family members. They can also subpoena older documents from asbestos companies, which could prove negligence.
An experienced asbestos lawyer will also assist you in filing a wrongful death lawsuit when a loved one passed away due to mesothelioma and other asbestos-related illnesses. In a wrongful death suit, survivors are entitled to compensation for emotional grief, funeral expenses, and loss of companionship. They can also seek punitive damages against asbestos companies.
A good asbestos attorney has the resources to quickly access records from different states and asbestos companies. They can 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 better chance at winning substantial compensation.
Preparing for the trial
Asbestos is a noxious mineral that was used for a long time in industrial jobs. Workers exposed to asbestos in the construction, shipbuilding and automobile manufacturing industries, among others, suffer from serious illnesses like mesothelioma (lung cancer), asbestosis or Pleural effusion (inflammation of the lining of the lungs). If you have been diagnosed with an illness caused by asbestos exposure, you should be compensated. 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 businesses accountable for your exposure. A mesothelioma lawsuit allows you to receive financial compensation for medical costs as well as lost wages as well as pain and discomfort, emotional distress, etc.
State statutes of limitations vary for personal injury and wrongful deaths lawsuits. It is essential to have an experienced mesothelioma attorney on your side to ensure that you don’t be late in filing claims.
Your attorney will conduct an investigation and gather evidence on your behalf once the legal process has started. They will conduct an interview with you and any former employers, landowners, or other parties that were involved in your exposure asbestos. They will also investigate the details of your situation to determine if the location, when, and where you were exposed.
The majority of asbestos cases are dealt with on a contingency basis, meaning that the attorney will take part of any compensation you receive as a representation. Your attorney will also be responsible for any costs associated with your case and, if you prevail an award or settlement the attorney will be able to collect their fees from the winning party.
If you and your asbestos attorney are unable to agree on the amount of a contingency fee you may choose to hire a different firm. The attorneys of the second law firm will have to sign a contract that divides the cost of work and fees.
In most cases, compensation is granted to mesothelioma patients as well as their family members when a jury is found in their favor. Many asbestos lawsuits are settled outside of court. Asbestos lawsuits that succeed pay between $1 million and $1.4 millions to victims.
Going to Trial
Asbestos lawyers are able to help their clients get compensation through either a settlement or a successful trial verdict. Compensation depends on several factors, including the amount of time and type of Asbestos Claim exposure, as well as the severity of the symptoms. Asbestos lawsuit damages could include damages for pain and suffering, lost income and Asbestos Claim future earnings, as also medical expenses, childcare, transportation, and housekeeping.
A lawsuit involving asbestos could also result in compensation for deaths that were wrongful that include money to pay funeral expenses and other costs associated with the death of loved ones. Families could also be entitled to compensation because of the emotional stress caused by the death the loss of a loved one.
Attorneys with asbestos litigation experience can help victims of lung cancer, mesothelioma and other asbestos-related diseases seek compensation from asbestos producers. In addition, mesothelioma lawyers may provide assistance in filing claims using trust funds created by asbestos companies that have gone bankrupt.
The time between the time of exposure to asbestos and the onset of disease can make it difficult to determine which defendants were the ones responsible for an asbestos-related illness. In addition, evidence may disappear or be destroyed as time passes and asbestos firms can go out of business, which complicates the case even further.
The lawyer representing mesothelioma plaintiffs must determine all possible asbestos-related asbestos companies and asbestos products involved in the lawsuit before submitting the lawsuit. A knowledgeable attorney can conduct a thorough investigation into each asbestos-related manufacturer and product to ensure that all the relevant facts are available to the case.
Belluck and Fox’s asbestos attorneys have been holding negligent asbestos manufacturers accountable for the hardworking people they exposed to this dangerous material. This has enabled them to secure more than $1 billion in compensation for their clients over the years. The firm has won significant verdicts like a $22 million award for an Navy veteran who contracted mesothelioma following the repair of boilers on ships, and an $8 million verdict for a construction worker who died from asbestos exposure in joint-sealing materials at the top of a Manhattan high rise.