"Ask Me Anything:10 Responses To Your Questions About Asbestos Law
An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A knowledgeable asbestos lawyer can aid victims of asbestos-related illnesses. This includes asbestosis and mesothelioma, as well as lung cancer.
Many companies offer free case reviews for mesothelioma sufferers. This will allow you to examine how a company deals with these claims and determine if they are the right fit for your.
A lawsuit against an asbestos-related firm can result in reimbursement for medical expenses, lost wages and other costs. However, litigation is expensive.
The history of asbestos law suits
Asbestos is a hazardous, naturally occurring mineral used for fireproofing and insulation. For many years it was employed in various manufacturing, industrial, and commercial settings in New York and across the country. 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. The affected individuals should seek out an experienced New York mesothelioma attorney to assist them in obtaining the compensation they're due.
Researchers confirmed what many believed to be true: that exposure to asbestos can cause lung disease and damage. This information triggered a wave of claims that led to dozens of asbestos manufacturers to file for bankruptcy. As part of their bankruptcy procedures, these companies set up asbestos trust funds to pay victims and their families. The amount of money that was transferred into these trusts is now in the hundreds of millions of dollars.
Although Congress has tried to pass legislation to end the asbestos litigation process, the bills have stalled due to many reasons. For instance, they did not address how to treat mesothelioma patients who are suffering from recurrences of their illness or are deceased.
The asbestos defense industry has also been a hindrance in its efforts to debunk the scientific consensus that asbestos, even when it is at a low concentration can cause mesothelioma as well as lung cancer. These campaigns have included securing funding and publishing articles in journals of science which are designed to aid the asbestos industry's legal arguments during trial.
To accelerate the process the individual cases can be consolidated into multidistrict litigation. In 1991, a judge consolidated 850 asbestos lawsuits against power plants to speed up the resolution of these cases. The defendants can appeal a verdict between 30 and 180 days. This will delay any monetary award. A defendant may be required to provide a bond for any money awards received, asbestos Litigation depending on the outcome of an appeal.
How to File a Claim
An asbestos lawyer can help individuals and families file various types of asbestos claims. These claims may be for compensation to cover funeral expenses, medical costs, lost income, loss of consortium, and suffering and pain. They can also seek restitution from companies which exposed workers to asbestos. They may also help veterans file a claim with the Veteran's Administration for disability compensation.
A lawyer that specializes in asbestos litigation can look over your case free of charge to determine if there are any legal options. They can answer any questions you may have and provide you with the various legal procedures. They can travel to your home, hospital or office to provide a consultation. They work on a contingent basis, so you don't need to pay any upfront legal costs.
If a client engages an asbestos attorney, he or will need to ensure that the lawsuit is filed in line with the applicable statute of limitations. Most states require asbestos-related victims to start a lawsuit within a few years after being diagnosed with mesothelioma or lung cancer. It isn't always easy to determine whether a person has been exposed to asbestos because the symptoms typically do not appear until decades after exposure. An experienced asbestos attorney can assist clients with understanding the laws specific to their state and ensure that the suit is filed on time.
After filing the complaint mesothelioma lawyers gather evidence to back your claim, such as company records and interviews with family members. They can also request old documents from asbestos companies, which could prove negligence.
An experienced asbestos lawyer can also assist you in filing a wrongful death lawsuit in the event that a loved one has passed away due to mesothelioma and other asbestos-related illnesses. In a wrongful death lawsuit survivors may seek compensation for emotional grief, funeral expenses, and loss of companionship. They may also seek punitive damages against asbestos companies.
An experienced asbestos lawyer has the capability to quickly access records from different states and asbestos companies. They can provide you with more legal options than local law firms. A national asbestos law firm's resources can offer victims a better chance of winning substantial compensation.
Prepare for Trial
Asbestos is a poisonous mineral which was used for many years in the workplace. Workers exposed to asbestos in the shipbuilding, construction and automotive manufacturing industries among others, frequently suffer from severe illnesses such as mesothelioma (lung cancer) asbestosis, the pleural effusion (inflammation of the lining of the lungs). If you have been diagnosed as suffering from a condition related to asbestos exposure, you are entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma attorney can help you make a personal injury claim or wrongful death lawsuit against the companies accountable for your exposure. A mesothelioma suit allows you to receive financial compensation for medical expenses and lost wages, pain and discomfort, emotional distress, etc.
State statutes of limitation vary for personal injury and wrongful death lawsuits. You require a seasoned mesothelioma lawyer who can ensure you don't miss the deadline to file claims.
Once the legal process begins, your attorney will work on your behalf to look into and gather evidence. They will speak with you as well as any former employers, landowners or other individuals who were involved in your exposure to asbestos. They will also examine the details of your situation to determine if they came to know when, where, and how you were exposed.
The majority of asbestos cases are dealt with on a contingency basis. This means that your attorney will receive a proportion of the compensation you receive. Your attorney will also take care of the costs of your case and, if you prevail any settlement or judgment the attorney will be able to collect their fees from the winner.
If you and your asbestos attorney cannot agree on the amount of a contingency fee then you can choose to work with a different firm. The attorneys of the second law firm must to sign a contract that divides the work and fees.
Usually, mesothelioma sufferers and their families receive compensation if they get the verdict of a jury in favor of the plaintiff. However, many asbestos lawsuits settle out of court. Asbestos lawsuits that are successful settle between $1 million to $1.4 millions to the victims.
Going to Trial
Asbestos lawyers can help their clients receive compensation for their injuries by getting a settlement or winning a court. Compensation is determined by a number of factors, including 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 suffering loss of income, future earnings, medical expenses, and household expenses such as childcare as well as housekeeping, transportation and childcare.
Compensation for wrongful death claims can be obtained through an asbestos lawsuit, which provides money to pay funeral costs and other expenses that come with the death of a loved one. Families may also be entitled to compensation as a result of the emotional pain caused by the loss of or loss of a loved one.
Attorneys with experience in asbestos litigation can assist victims of mesothelioma lung cancer and other asbestos-related diseases seek compensation from responsible asbestos manufacturers. In addition, mesothelioma lawyers may assist in filing claims using trust funds created by asbestos companies that went into bankruptcy.
It isn't always easy to determine who is the person responsible for an asbestos-related illness due to the long time between exposure to asbestos and the an onset of symptoms. Evidence may also disappear or be lost over time, and asbestos-related companies could go out of business. This makes the situation more complicated.
When filing an asbestos lawsuit, the plaintiff's mesothelioma lawyer should be aware of every possible asbestos producer and asbestos product that could be involved in 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 in the plaintiff in the case.
Belluck and Fox's asbestos lawyers have been holding negligent asbestos producers responsible for the hardworking individuals exposed to the hazardous material. Through the years, they have been able to secure more than a billion dollars in compensation for their clients. The firm has obtained notable verdicts, including a $22 million award to a Navy veteran diagnosed with mesothelioma while repairing boilers on ships. It also secured an $8million verdict for a construction employee who passed away after being exposed to asbestos in joint sealing compounds at the top of a Manhattan skyscraper.