An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A knowledgeable asbestos lawyer can assist victims of asbestos-related diseases. They include asbestosis and mesothelioma, as well as lung cancer.
Many companies offer free case reviews for mesothelioma sufferers. This allows you to find out about how a particular company handles these claims and determine if they are right for you.
A lawsuit against a company which manufactures asbestos may result in compensation for medical expenses, lost wages and other expenses. However, litigation can be costly.
The history of asbestos-related lawsuits
Asbestos can be a risky natural mineral that is utilized for insulation and fire resistance. It was extensively used in New York, as well as other parts of the country, in manufacturing, industrial and commercial environments. The workers in these establishments, including power plants, shipyards and textile mills, were regularly exposed to asbestos. Some of these workers developed mesothelioma as well as other lung diseases directly linked to their exposure to asbestos. People who are affected should consult an expert New York mesothelioma attorney to help them get the compensation they're due.
Researchers confirmed what many people suspected,
asbestos litigation that asbestos exposure can cause lung disease and damage. This revelation triggered a flurry of lawsuits that led to dozens of asbestos manufacturers to file for bankruptcy. In the course of bankruptcy procedures, these companies set up asbestos trust funds to pay the victims and their families. The money that is paid into these trusts has now amounted to hundreds of millions of dollar.
Although Congress has attempted to pass legislation to resolve the asbestos litigation issue, these bills have not succeeded due to a variety of reasons. For instance they did not discuss the treatment options for mesothelioma victims who are recurrently suffering from their illness or who are deceased.
Another issue has been the asbestos defense industry's effort to undermine and discredit the scientific consensus that all forms of asbestos even at very low levels, can be responsible for inducing mesothelioma or lung cancer and other asbestos-related ailments. The campaigns have included funding and publishing papers in scientific journals that aim to support the asbestos industry's legal argument at trial.
To accelerate the process, individual cases can be consolidated to multidistrict litigation. In 1991, for instance, one judge consolidated over 850 asbestos lawsuits involving power plants to facilitate the faster resolution of those cases. Plaintiffs may appeal a ruling between 30 and 180 days. This could delay any financial award. A defendant may be required to pay a bonds for any awards, based on the outcome of the appeal.
How to File a Claim
An asbestos lawyer can assist individuals and families file various types of asbestos claims. These claims may be for compensation to pay for
asbestos litigation funeral costs, medical expenses, lost income loss of consortium and suffering and pain. They can also sue companies that exposed asbestos workers. They can also help veterans apply for disability compensation through the Veteran's Administration.
A lawyer with expertise in
asbestos litigation will review your case at no cost to determine if you have any legal options. They can answer any questions you may have and explain the various legal procedures. They can come to your office, home or hospital for a consultation. They are on a contingent basis so you won't have to pay any upfront legal costs.
If a client employs an asbestos lawyer, he or must ensure that the lawsuit is filed in accordance with the applicable statute of limitation. The majority of states require
asbestos case victims to submit a lawsuit within a few years after being diagnosed with mesothelioma or lung cancer. It can be hard to determine if an individual has been exposed to asbestos because the symptoms don't usually appear until a long time afterward. An asbestos lawyer can help clients navigate the laws of their state and ensure that lawsuits are filed in time.
After filing the complaint, mesothelioma lawyers gather evidence to back your claim, such as company documents and interviews with family members. They can also request documents from asbestos-related companies to demonstrate negligence.
An experienced asbestos lawyer can also help you file an action for wrongful death when a loved one died from mesothelioma, or other asbestos-related diseases. In a wrongful death lawsuit, survivors are entitled to compensation for emotional distress, funeral costs, and loss of companionship. They can also seek punitive damage against the asbestos company.
A good asbestos attorney has the ability to quickly get records from various states and asbestos companies, and will offer more legal options than any local law firm would offer. The resources offered by an
asbestos law firm could provide victims with a better chance at winning substantial compensation.
Preparing for the trial
Asbestos, a highly toxic mineral, has been employed in industrial tasks for a long time. Workers exposed to asbestos in the construction, shipbuilding and automobile manufacturing industries, among others, often suffer from severe illnesses such as mesothelioma (lung cancer) or asbestosis or pleural effusion (inflammation of lungs' lining). If you've been diagnosed with an illness related to asbestos exposure, you should be compensated. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can help you to file a lawsuit for personal injury or wrongful death against the companies that are accountable for your exposure. A mesothelioma case allows you to pursue financial compensation for medical expenses, loss of earnings or income, pain and suffering, emotional distress and other damages.
State statutes of limitation vary for personal injury and wrongful death lawsuits. It's important to have a seasoned mesothelioma lawyer on your side to ensure you don't overrun the deadline for filing claims.
Once the legal process has begun, your attorney will work on your behalf to investigate and gather evidence. They will question you and your former landowner, employer, or other party who could have been involved in your asbestos exposure. They will also look into the details of your case to determine the location, the method and when you could have been exposed.
Most asbestos cases are handled on a contingency fee basis. This means that the attorney will get a portion of the compensation you receive. Your attorney will also take care of any expenses associated with your case, and if you win an award or settlement and they collect their fees from the party that won.
If you and your asbestos attorney are unable to reach an agreement on a contingency fee and you want to hire a different firm. However, the attorneys of the second firm must agree to a contract for sharing the cost of work and expenses.
Typically, mesothelioma patients and their family members are awarded compensation after obtaining an appeals court verdict in favor of the plaintiff. Many asbestos lawsuits are settled outside of court. On average asbestos lawsuits that achieve an outcome that is successful will pay between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers can help their clients obtain compensation through either a settlement or successful trial decision. Compensation is determined by several factors, including the length of exposure to asbestos and the severity and frequency of symptoms. Asbestos lawsuit damages may include damages for pain and suffering, lost income and future earnings, as along with medical expenses and childcare, transportation and housekeeping.