An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos lawyer can assist victims of asbestos-related diseases. They include asbestosis, mesothelioma and lung cancer.
Many companies offer free case reviews for mesothelioma sufferers. This will let you find out how a company manages these claims and determine if they are the right fit for you.
A lawsuit against an asbestos company could result in settlement for medical bills, lost wages and other costs. However, litigation is expensive.
The History of Asbestos Lawsuits
Asbestos, a naturally occurring mineral, is used as an insulator and fire-resistant material. For a long time it was utilized in a variety of manufacturing, industrial, and commercial settings in New York and across the across the country. The workers in these locations, such as shipyards, power plants and textile mills, were regularly exposed to asbestos. Some of these workers developed mesothelioma as well as other lung diseases that were directly related to their asbestos exposure. The affected individuals should seek out an experienced New York mesothelioma attorney to assist them in obtaining the compensation they deserve.
As the first lawsuits were filed in the latter half of the 1960s, researchers confirmed what many had long suspected - that asbestos exposure causes lung damage and diseases. This discovery triggered a flood of lawsuits that led to dozens of asbestos companies to declare bankruptcy. In the bankruptcy proceedings, the companies set up asbestos trust funds for
Asbestos Claim victims and their families. The money that is paid into these trusts amounts to hundreds of millions of dollar.
Congress has attempted to pass legislation in order to settle the asbestos litigation. However the bills have not passed due to a variety reasons. They didn't address for instance, the best way to treat patients suffering from mesothelioma who are recurrent or are deceased.
The asbestos defense industry has also been a stumbling block in its attempt to discredit the scientific consensus that asbestos even at a low level is a risk factor for mesothelioma or lung cancer. These campaigns include obtaining funding and publishing articles that are intended to support the asbestos industry's arguments in the courtroom.
To speed up the process to speed up the process, individual cases can be combined into multidistrict litigation. In 1991, for example one judge consolidated 850 power plant asbestos lawsuits to facilitate faster resolution of these cases. The defendants are able to appeal a decision within 30 to 180 days, which can delay the payment of any monetary award until after the appeal has been decided. Depending on the outcome of the appeal, the defendant may be required to make a bail for any money awarded.
Making a Claim
An asbestos lawyer can assist individuals and families file various kinds of asbestos claims. These claims may be for reimbursement for funeral expenses, medical expenses and lost income, as well as loss of consortium, pain and suffering, and other damages. They may also seek restitution from companies which exposed workers to asbestos. They may also assist veterans file a claim with the Veteran's Administration for disability compensation.
A lawyer who is an expert in asbestos litigation will evaluate your case at no cost to determine if there are legal options that are available. They will be able to answer your questions and explain the different legal procedures. They can often travel to your hospital or home to meet with you and offer their services on a contingent basis and therefore you won't be held accountable for any upfront legal costs.
If a client employs an
asbestos lawyer, he/ she must ensure that the lawsuit is filed in line with the applicable statute of limitations. Most states require asbestos-related victims to submit a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It can be difficult to determine if a person has been exposed to asbestos as the symptoms usually don't show until years later. A lawyer for asbestos can help clients navigate the laws of their respective states and ensure that lawsuits are filed in time.
After filing a complaint an attorney for mesothelioma will gather evidence to support your claim. This includes company records as well as interviews conducted with your family members. They can also subpoena old documents from the asbestos-related companies that could reveal negligent conduct.
An experienced asbestos lawyer can assist you to start a lawsuit to claim wrongful death if a loved one was killed by mesothelioma, or any other asbestos-related disease. In a wrongful demise lawsuit survivors can seek compensation for their emotional distress, funeral expenses, and loss of companionship. They may also seek punitive damage against the asbestos company.
A good asbestos attorney has the capacity to swiftly access records from various states and asbestos companies, and will give you more legal options than any local law firm would provide. A national
asbestos law firm's resources can provide victims with a greater chances of winning a substantial settlement.
Prepare for Trial
Asbestos is a very toxic mineral, has been used in industrial jobs for many years. Workers exposed to asbestos in the shipbuilding, construction and automobile manufacturing industries among others, frequently suffer from severe illnesses such as mesothelioma (lung cancer), asbestosis or the pleural effusion (inflammation of the lining of the lungs). If you've been diagnosed with an illness due to
Asbestos claim exposure, you're entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can help you make a personal injury claim or wrongful death lawsuit against companies who are accountable for your exposure. A mesothelioma lawsuit allows you to pursue financial compensation for medical expenses, wage loss, pain and suffering, emotional distress and other damages.
State statutes of limitations vary for personal injury and wrongful death lawsuits. It is essential to have a seasoned mesothelioma attorney on your side to ensure you don't be late in filing claims.
Once the legal process has begun, your attorney will work on your behalf to conduct an investigation and gather evidence. They will conduct an interview with you and any former landowners, employers or other parties that were involved in your exposure asbestos. They will also examine the specifics of your case to determine if you were exposed, where, and when you were exposed.
The majority of asbestos cases are dealt with by a contingency fee, meaning that the attorney will receive the a portion of any money you receive for your representation. Your attorney will also be responsible for the costs of your case and, if you prevail an award or settlement, they will collect their fees from the party that won.
If you and your asbestos attorney are unable to agree on a contingency fee then you can choose to work with a different firm. The attorneys from the second law firm will have to sign a contract dividing the costs and work.
In the majority of cases, compensation is awarded mesothelioma victims and their families when a jury comes in their favor. However, many asbestos lawsuits settle outside of court. On average, asbestos lawsuits that reach an outcome that is successful will pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can assist their clients recover compensation via either a settlement or successful trial verdict. Compensation is determined by many factors, such as the duration of exposure to asbestos as well as the severity and frequency of symptoms.