An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos attorney can help victims of asbestos-related illnesses. This includes asbestosis, mesothelioma and lung cancer.
Many firms offer a free case review for patients with mesothelioma. This allows you to learn about the way a company handles these claims and decide whether they are the right choice for you.
A lawsuit against a company which manufactures asbestos may result in compensation of medical expenses, lost wages, and other costs. The cost of litigation is high.
The history of asbestos-related lawsuits
Asbestos is a hazard, naturally occurring mineral used for fireproofing and insulation. For a long time it was employed in a variety of manufacturing, industrial, and commercial settings in New York and across the country. Many of these facilities, like textile mills, power plants, and shipyards, exposed workers large amounts of asbestos on a regular basis. Some of them later developed mesothelioma and other lung diseases directly linked to their exposure. A New York mesothelioma lawyer can help those affected receive the amount of compensation they're entitled to.
Researchers confirmed what many suspected, that asbestos exposure can cause lung disease and damage. This information triggered a wave of claims that led to dozens of asbestos manufacturers to declare bankruptcy. In bankruptcy proceedings, asbestos manufacturers set up trust funds for victims and their families. The amount that was transferred into these trusts is now in the hundreds of millions of dollars.
Congress has attempted to pass legislation in order to resolve the asbestos litigation. However the bills have failed due to a variety reasons. They didn't address, for example, how to treat patients with mesothelioma who have recurrences or who are deceased.
Another issue has been the asbestos defense industry's attempt to defame and undermine the scientific consensus that asbestos in all forms even at low levels, can be responsible for inducing mesothelioma or lung cancer, and other asbestos-related illnesses. These campaigns have included securing funding and publishing articles in journals with scientific content that aim to assist the asbestos industry's legal argument at trial.
Individual cases may be consolidated into multidistrict litigations to speed the process. In 1991, for instance one judge consolidated over 850 asbestos lawsuits involving power plants to speed up the resolution of these cases. The defendants are able to appeal a verdict within 30 to 180 days. This will delay the payment of any award in cash until the appeal is concluded. Depending on the outcome of the appeal, a defendant could end up being required to post a bond for any award of money.
The process of filing a claim
An asbestos lawyer can assist families and individuals file different types of asbestos claims. These claims may be for reimbursement for funeral expenses, medical costs and lost income, as well as loss of consortium in consortium, pain and suffering and other damages. They can also sue companies for exposing asbestos workers. They can also aid veterans to make a claim for disability compensation through the Veteran's Administration.
rapid city asbestos law firm who is an expert in asbestos litigation will examine your case for free to determine if there are legal options that are available. They can answer any questions you may have and explain the various legal procedures. They can often travel to your home or hospital for a consultation and work on a contingency basis, so you will not be responsible for any upfront legal fees.
When a client hires an asbestos lawyer they must ensure the lawsuit is filed within the appropriate deadline. Most states require asbestos victims to submit a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It can be hard to determine if a person has been exposed to asbestos because the symptoms usually don't show until years later. An asbestos lawyer can assist clients navigate the laws of their respective states and ensure that the lawsuits are filed on time.
After filing the complaint mesothelioma lawyers gather evidence to support your claim. This includes company records as well as interviews with family members. They may also request old documents from the asbestos-related companies that could reveal negligence.
A knowledgeable asbestos lawyer can assist you to start a lawsuit to claim wrongful death if your loved ones died from mesothelioma, or another asbestos-related disease. In a case for victims of wrongful deaths, survivors may seek compensation to help with emotional distress, funeral costs as well as loss of companionship. They may also seek punitive damages against the asbestos-related company.
A reputable asbestos attorney can quickly get records from various states and asbestos companies, and will offer you more legal options than an individual law firm could offer. The resources offered by an asbestos law firm can also give victims a much greater chance of winning significant compensation.
Prepare for trial
Asbestos, a highly toxic mineral is employed in industrial tasks for many years. Workers exposed to the material in shipbuilding, construction, automobile manufacturing, and other industries frequently suffer from severe illnesses like mesothelioma, lung cancer asbestosis, or the pleural effusion (inflammation of the lining of the lungs). If you've been diagnosed with an illness that is due to asbestos exposure you deserve 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 businesses who are accountable for your exposure. A mesothelioma lawsuit permits you to seek financial compensation for medical expenses, loss of wages as well as pain and suffering emotional distress, and other damages.
The statutes of limitations in each state differ for personal injury and wrongful death lawsuits. It is important to have an experienced mesothelioma lawyer on your side to ensure you don't be late in filing an claim.
When the legal process is initiated the attorney will work on your behalf to look into and gather evidence. They will question you and any former employers, landowners, or any other persons that may have been involved in your exposure to asbestos. They will also examine the details of your situation to determine if, where, and when you were exposed.
The majority of asbestos cases are dealt with by a contingency fee which means that the attorney will receive an amount of the compensation you receive as your representation. Your attorney will pay for all costs associated with your case. If you win you will be paid by the winning party.
If you and your asbestos lawyer are unable to reach an agreement on an hourly fee and you want to hire a different firm. However, the lawyers in the second firm must sign a contract to share the cost of work and expenses.
Typically, mesothelioma victims and their family members receive compensation if they get the verdict of a jury in favor of the plaintiff. However, many asbestos lawsuits settle outside of court. Asbestos lawsuits that win pay between $1 million and $1.4 millions to the victims.
Going to Trial
Asbestos lawyers can help their clients receive compensation through either a settlement or successful trial decision. Compensation is contingent on a variety of factors, including the length of time and the type of asbestos exposure and the severity of symptoms. Asbestos lawsuits can result in damages for physical pain and suffering, loss of income and future earnings, medical expenses as well as household expenses like childcare, transportation and housekeeping.
Compensation for wrongful deaths can be obtained through an asbestos lawsuit, that includes funds to cover funeral costs and other expenses associated with the death of loved ones. Families could also be entitled to compensation for the emotional pain caused by the loss of or loss of a loved one.
Lawyers with experience in asbestos litigation can assist patients suffering from lung cancer, mesothelioma and other asbestos-related illnesses seek compensation from asbestos producers. Additionally, mesothelioma lawyers are able to help with filing claims using trust funds set up by asbestos companies that have gone into bankruptcy.
The passage of decades between first exposure to asbestos and the beginning of illness can make it difficult to determine who were the ones responsible for an asbestos-related disease. Evidence may also vanish or be destroyed with time, and asbestos companies could go out of business. This complicates the case.
In the event of filing an asbestos lawsuit the plaintiff's mesothelioma lawyer should determine the asbestos producer and asbestos product that could be involved in the lawsuit. A knowledgeable attorney will then conduct an exhaustive investigation of each asbestos product and asbestos manufacturer to ensure that the case is based on all facts.
For decades, mesothelioma attorneys at Belluck & Fox have held negligent asbestos producers accountable for the hardworking individuals exposed to this deadly substance. They have secured more than $1 billion in compensation for their clients over the years. The firm has secured notable verdicts like a $22 million settlement for an Navy veteran who contracted mesothelioma after repairing boilers aboard ships. Another $8 million verdict for a construction worker who died due to asbestos exposure in joint-sealing compounds at a Manhattan high-rise.