An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A skilled asbestos lawyer can assist victims of asbestos-related ailments. These include mesothelioma, asbestosis and lung cancer.
Many firms offer free case reviews for mesothelioma sufferers. rochester asbestos lawyer lets you learn about the way a company handles these claims and determine if they are suitable for you.
A lawsuit against a business that produces asbestos could result in compensation for medical bills, lost wages, and other expenses. Legal proceedings can be costly.
The history of asbestos-related lawsuits
Asbestos is a dangerous naturally occurring mineral used for fireproofing and insulation. It was widely used in New York, as well as other areas of the country in industrial, manufacturing and commercial settings. Many of these establishments, including power plants, textile mills, and shipyards, exposed workers large amounts of asbestos on a regular basis. A few of them later developed mesothelioma and other lung diseases directly related to their exposure. People who are affected should consult an skilled New York mesothelioma attorney to help them get the compensation they are due.
As the first lawsuits were filed in the late 1960s, scientists confirmed what people had long believed to be true - that exposure to asbestos causes lung damage and diseases. This revelation triggered a flurry of lawsuits that led to dozens of asbestos producers to declare bankruptcy. As part of their bankruptcy procedures, these companies set up asbestos trust funds to pay victims and their families. The money that is paid into these trusts now amounts to hundreds of millions of dollar.
Although Congress has attempted to pass legislation that would end the asbestos litigation issue, these bills have been unable to pass due to a variety of reasons. They did not address, for example, the best way to treat patients suffering from mesothelioma whose recurrences are ongoing or are deceased.
The asbestos defense industry has also been a hindrance in its campaign to discredit the scientific consensus that asbestos, even when it is in low amounts, can cause mesothelioma and lung cancer. These campaigns have included financing and publishing articles in journals of science that aim to support the asbestos industry's legal argument at trial.
Individual cases can be consolidated into multidistrict litigations to speed the process. In 1991, for example one judge consolidated over 850 asbestos lawsuits involving power plants to facilitate faster resolution of those cases. Defendants can appeal a verdict between 30 and 180 days. This can delay any financial award. A defendant could be required to post bonds for any awards received, based on the outcome of an appeal.
How to File a Claim
An asbestos lawyer can assist families and individuals file various types of asbestos claims. These claims can include reimbursement for funeral expenses, medical expenses loss of income, loss in consortium in consortium, pain and suffering and other damages. They may also seek restitution from companies which exposed workers to asbestos. They may also help veterans submit a claim to the Veteran's Administration for disability compensation.
A lawyer with expertise in asbestos litigation can look over your case for free to determine if you are eligible for legal options. They can explain the different legal processes and answer any questions you may have. They will travel to your home, office or hospital for a consultation. They are on a contingent basis, which means that you won't have to pay upfront legal costs.
If a client hires an asbestos attorney, they must make sure that the lawsuit is filed within the appropriate statute of limitations. Most states require asbestos-related victims to bring a suit within a couple of years after being diagnosed with mesothelioma or lung cancer. It can be difficult to determine if an individual has been exposed to asbestos as the symptoms usually don't show until years afterward. A lawyer for asbestos can help clients navigate the laws of their state and ensure that lawsuits are filed on time.
After submitting a complaint, a mesothelioma attorney will gather evidence to support your claim. This includes company records and even interviews conducted with your family. They can also subpoena older documents from asbestos companies that might prove negligent conduct.
A skilled asbestos lawyer can help you make a claim for wrongful death if a loved one died of mesothelioma, or any other asbestos-related disease. In a wrongful death suit survivors may seek compensation for emotional distress, funeral costs, and loss of companionship. They can also seek punitive damages against the asbestos company.
A good asbestos attorney has the resources to quickly access records from different states and asbestos companies, and can provide you with more legal options than an individual law firm could offer. A national asbestos law firm's resources offer victims a better chance of obtaining a substantial amount of compensation.
Preparing for trial
Asbestos, a toxic mineral, which was used for many years in the workplace. Workers exposed to asbestos in shipbuilding, construction automotive manufacturing, shipbuilding, and other industries often suffer from severe diseases such as mesothelioma and lung cancer, asbestosis or the pleural effusion (inflammation of the lining of the lungs). If you've been diagnosed with a condition that is related to asbestos exposure you deserve compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can help you file a personal injury or wrongful death suit against the companies that are responsible for your exposure. A mesothelioma claim will allow you to receive financial compensation for medical costs loss of wages as well as pain and discomfort emotional distress, etc.
The statutes of limitations differ in each state for personal injury and wrongful death lawsuits. It is important to have a mesothelioma lawyer by your side to ensure you don't overrun the deadline for filing a claim.
Once the legal process has begun, your attorney will work on your behalf to investigate and gather evidence. They will conduct an interview with you and any former landowners, employers, or other parties involved in your exposure to asbestos. They will also study the specifics of your case to determine where, how you were exposed, and the time at which you have been exposed.
The majority of asbestos cases are dealt with on a contingency basis. This means that your attorney will receive a percentage of whatever compensation you receive. Your attorney will also be responsible for any costs associated with your case If you win either a settlement or a judgment the attorney will be able to collect their fees from the winning party.
If you and your asbestos attorney cannot 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 cost of work and fees.
Typically, mesothelioma patients and their family members are awarded compensation by winning an appeals court verdict in favor of the plaintiff. However many asbestos lawsuits settle out 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 can assist their clients get compensation through either a settlement or a successful trial decision. Compensation is determined by many factors, such as the duration of exposure to asbestos, as well as the severity and frequency of symptoms. Asbestos lawsuits can result in damages for physical suffering and pain loss of income, future earnings, medical expenses, and household expenses like childcare transportation, housekeeping and childcare.
A lawsuit involving asbestos could also result in compensation for wrongful deaths and also money to cover funeral expenses as well as other expenses relating to the death of loved ones. Families could also be entitled to compensation for the emotional distress caused by the loss of a loved one.
Attorneys with experience in asbestos litigation can help patients suffering from mesothelioma lung cancer, and other asbestos-related illnesses obtain compensation from responsible asbestos producers. Mesothelioma lawyers can help make claims using trust funds created by asbestos companies who went bankrupt.
The time interval between the first exposure to asbestos and the beginning of illness can make it difficult to determine which defendants were the ones responsible for an asbestos-related illness. Furthermore, evidence could disappear or be destroyed over time, and asbestos-related companies may cease to be in business, which complicates the matter even more.
The mesothelioma lawyer representing the plaintiff should identify all potential asbestos producers and asbestos-related products that are involved in the case prior to filing a lawsuit. A knowledgeable attorney can then conduct a thorough investigation of every asbestos manufacturer and product to ensure that all the relevant information is provided to the case.
For decades, mesothelioma lawyers at Belluck & Fox have held negligent asbestos producers accountable for the countless people exposed to this deadly substance. This has enabled them to secure more than $1 billion in compensation for their clients over the years. The firm has won a number of notable verdicts such as a $22 million settlement for an Navy veteran who contracted mesothelioma while repairing boilers aboard ships and another $8 million verdict for an employee of a construction company who died from asbestos exposure in joint sealing compounds at a Manhattan high-rise.