An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can help victims of asbestos-related diseases. This includes asbestosis, mesothelioma and lung cancer.
Many firms offer a free case review for mesothelioma patients. This allows you to find out how a company manages these claims and determine if they are the right fit for you.
pomona asbestos lawyer against an asbestos firm can result in reimbursement for medical expenses, lost wages, and other expenses. It is costly to litigate.
The History of Asbestos Lawsuits
Asbestos is a dangerous naturally occurring mineral that is used for insulation and fire protection. For a long time it was used in a variety of manufacturing commercial, industrial, and settings in New York and across the country. Workers working in many of these places, like shipyards, power plants and textile mills were frequently exposed to asbestos. Some of those workers later developed mesothelioma or other lung diseases that are directly related to their exposure. The affected individuals should seek out an expert New York mesothelioma attorney to help them get the compensation they deserve.
When the first lawsuits were filed in the latter half of 1960, scientists confirmed what many had long believed to be true - that exposure to asbestos causes lung damage and disease. This knowledge spurred a wave of claims that caused dozens of asbestos producers to declare bankruptcy. In bankruptcy proceedings, the companies set up asbestos trust funds for victims and their families. The money that is paid into these trusts now amounts to hundreds of millions of dollars.
Congress has tried to pass legislation to settle the asbestos litigation. However, these bills have failed due to a variety reasons. For instance they did not consider how to treat mesothelioma patients who are recurrently suffering from their illness or are deceased.
Another obstacle has been the asbestos defense industry's campaign to undermine and discredit the scientific consensus that asbestos in all forms, even at low levels, can be responsible for creating mesothelioma, lung cancer and other asbestos-related diseases. These campaigns have included securing funding and publishing articles in journals of science which are designed to aid the asbestos industry's legal arguments in trial.
To speed up the process to speed up the process, individual cases can be consolidated into multidistrict litigation. In 1991, for instance, one judge consolidated over 850 asbestos lawsuits involving power plants to facilitate faster resolution of these cases. Defendants can appeal a verdict between 30 and 180 days. This could delay any monetary award. Depending on the outcome of the appeal the defendant may be legally required to pay a bond for any money awarded.
How to File a Claim
An asbestos lawyer can assist families and individuals to file different types of asbestos claims. These claims can be for reimbursement for funeral costs, medical expenses lost income, loss in consortium, pain and suffering, and other damages. They can also seek restitution from companies who exposed workers to asbestos. They can also help veterans submit a claim for disability compensation through the Veteran's Administration.
A lawyer who is an expert in asbestos litigation can review your case at no cost to determine if there are legal options that are available. They can explain the different legal procedures and address any questions you have. They can come to your office, home or hospital for a consult. They are on a contingent basis, which means that you won't have to pay any upfront legal fees.
When a client engages an asbestos lawyer they must ensure that the lawsuit is filed within the appropriate time frame. Many states require asbestos sufferers to bring a suit within a couple of years after being diagnosed with mesothelioma or lung cancer. It isn't always easy to determine the time a person was exposed to asbestos, as the symptoms don't usually appear until decades after exposure. An asbestos lawyer can assist clients navigate the laws of their respective states and ensure that the lawsuits are filed within the timeframe.
After filing the complaint, a mesothelioma lawyer will gather evidence to support your claim, including company records as well as interviews with family members. They can also subpoena old documents from asbestos companies to prove negligent behavior.
An experienced asbestos lawyer can help you bring a lawsuit for wrongful death if a loved ones died from mesothelioma or another asbestos-related disease. In a suit for the wrongful death of a loved one, survivors can seek compensation to cover funeral costs, emotional distress as well as loss companionship. They may also seek punitive damages against the asbestos company.
A reputable asbestos lawyer will have the ability to quickly access documents from various states or asbestos companies, and can provide you with more legal options than local law firms. A national asbestos law firm's resources provide victims with a greater chance of obtaining a substantial amount of compensation.
Preparing for trial
Asbestos is a very toxic mineral is employed in industrial tasks for many years. Workers exposed to the material in construction, shipbuilding, automobile manufacturing, and other industries typically suffer from severe diseases such as mesothelioma, lung cancer asbestosis, or pleural effusion (inflammation of the lining of the lungs). If you have 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 lawsuit for personal injury or wrongful deaths against the businesses responsible for your exposure. A mesothelioma case allows you to pursue financial compensation for medical expenses, wage loss as well as pain and suffering, emotional distress, and other damages.
The statutes of limitations differ by state for both personal injury and wrongful death lawsuits. You need an experienced mesothelioma lawyer to make sure you don't miss the deadline for filing claims.
Your lawyer will investigate and collect evidence on your behalf once the legal process has started. They will question you and any former employers, landowners, or other people who were involved in your exposure to asbestos. They will also investigate the specifics of your case to determine how, where and when you might be exposed.
Most asbestos cases are handled using a contingency-fee basis. This means that your attorney will receive a percentage of any compensation you receive. Your attorney will also take care of all costs associated with your case, and 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 are unable to come to an agreement on a contingency fee you may choose to hire a different firm. The attorneys from the second law firm will be required to sign a written contract dividing the work and costs.
In most cases, compensation is granted to mesothelioma patients as well as their families when a jury decides in their favor. However, many asbestos lawsuits settle out of court. Asbestos lawsuits that succeed pay between $1 million and $1.4 millions to the victims.
Going to Trial
Asbestos lawyers are able to help their clients recover compensation via either a settlement or a successful trial decision. Compensation depends on several factors, including the amount of time and the type of asbestos exposure and the degree of symptoms. Asbestos lawsuit damages may include damages for pain and suffering, loss of income and future earnings, as also medical expenses, childcare, transportation, and housekeeping.
A lawsuit against 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 relatives. Families may also be entitled to compensation as a result of the emotional pain that is caused by the death of the loss of a loved one.
Lawyers who have expertise in asbestos litigation can help patients suffering from mesothelioma lung cancer and other asbestos-related illnesses to seek compensation from responsible asbestos producers. Mesothelioma lawyers can help make claims using trust funds set up by asbestos companies who have gone bankrupt.
It is sometimes difficult to determine who is the person responsible for an asbestos-related illness because of the lengthy time between exposure and the beginning to feel symptoms. Evidence may also vanish or be lost over time, and asbestos-related companies may go out of business. This can make the case more difficult.
The lawyer representing mesothelioma plaintiffs must identify all asbestos producers and asbestos-related products involved in the lawsuit before filing a lawsuit. A knowledgeable attorney can then conduct a thorough analysis of each asbestos-related manufacturer and product to ensure that all relevant information is provided to the court.
Belluck & Fox's asbestos lawyers have been holding negligent asbestos producers accountable for the hardworking workers who were exposed to this hazardous material. This has helped them secure more than $1 billion in compensation for their clients over the years. The firm has achieved notable verdicts, such as a $22million settlement for a Navy veteran diagnosed with mesothelioma when repairing boilers on ships. It also secured an $8 million verdict for a construction worker who passed away after being exposed to asbestos in joint sealing compounds in the top of a Manhattan skyscraper.