Haley Palladino asked 6 months ago
An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A knowledgeable asbestos lawyer can help victims of asbestos-related ailments. These include asbestosis, mesothelioma and lung cancer.
Many firms provide free case reviews for mesothelioma sufferers. This will let you observe how a particular company handles these claims and determine if they’re the right fit for you.
A lawsuit against an asbestos-related firm can result in compensation for medical bills, lost wages, and other costs. However, litigation can be costly.
The history of asbestos law suits
Asbestos is a naturally occurring mineral is used as an insulator and fire-resistant material. For a long time it was employed in various manufacturing, industrial, and commercial settings in New York and across the country. The workers in these places, like shipyards, power stations and textile mills, were regularly exposed to asbestos. A few of them later developed mesothelioma or other lung diseases directly related to their exposure. Anyone affected should consult an experienced New York mesothelioma attorney to assist them in obtaining the compensation they are due.
Researchers confirmed what many people believed to be true: that exposure to asbestos can cause lung damage and cause lung diseases. This revelation triggered a flurry of claims that led to dozens of asbestos producers to declare bankruptcy. In bankruptcy proceedings, asbestos manufacturers set up trust funds for victims and their families. The amount that was transferred to these trusts is currently in the hundreds of millions of dollars.
Although Congress has attempted to pass legislation in order to settle the asbestos litigation issue, these bills have failed for many reasons. For instance they didn’t address the treatment options for mesothelioma victims who have recurrences disease or who have passed away.
Another issue has been the asbestos defense industry’s campaign to defame and undermine the scientific consensus that all forms of asbestos even at very low levels, can be responsible for causing mesothelioma, lung cancer and other asbestos-related diseases. These campaigns include funding and publishing research that are intended to support the asbestos industry’s arguments in the courtroom.
To speed up the process the individual cases can be condensed into multidistrict litigation. In 1991, a judge consolidated over 850 asbestos lawsuits filed against power plants to speed up the resolution of these cases. Defendants can appeal a verdict between 30 and 180 days. This can delay any monetary award. Based on the outcome of the appeal, the defendant may be required to sign a bond for any award of money.
How to File a Claim
An asbestos lawyer can assist individuals and families file various types of asbestos claims. These claims can be for compensation to cover medical expenses, funeral costs, lost income loss of consortium and suffering and pain. They may also seek restitution from businesses who exposed workers to asbestos. They can also help veterans submit a claim for disability compensation through the Veteran’s Administration.
A lawyer that specializes in asbestos litigation can examine your case for free and determine if you have any legal options. They can provide you with information on the various legal processes and answer any questions you may have. They will often visit your hospital or home to meet with you and are on a contingency basis and therefore you won’t be held accountable for any upfront legal fees.
If a client employs an asbestos lawyer, he or will have to 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 hard to determine whether a person has been exposed to asbestos since symptoms typically don’t manifest until years afterward. An asbestos lawyer can help clients navigate the laws of their state and ensure that the lawsuits are filed at the right time.
After submitting a complaint, mesothelioma lawyers will collect evidence in support of your claim. This includes records from the company and interviews conducted with your family members. They can also subpoena older documents from asbestos-related companies that could reveal negligent conduct.
A skilled asbestos lawyer can assist you to make a claim for wrongful death if a loved one passed away from mesothelioma, or any other asbestos-related disease. In a lawsuit involving victims of wrongful deaths, survivors may seek compensation for emotional distress, funeral costs, and loss of companionship. They can also pursue punitive damages against the asbestos company.
An experienced asbestos lawyer has the ability to quickly get records from various states and asbestos companies. They also provide you with more legal options than a local law firm could provide. A national asbestos law firm’s resources offer victims a better chance of winning substantial compensation.
Prepare for the trial
Asbestos, a highly toxic mineral, has been used in industrial jobs for many years. People who are exposed to asbestos in shipbuilding, construction manufacturing of automobiles, shipbuilding, and other industries typically suffer from serious diseases like mesothelioma and lung cancer, asbestosis or pleural effusion (inflammation of the lining of the lungs). If you’ve been diagnosed with an illness caused by asbestos exposure, you deserve compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can help you make a claim for personal injury or wrongful death against the companies that are accountable for your exposure. A mesothelioma case will allow you to receive financial compensation for medical expenses, lost wages, pain and discomfort, emotional distress, and more.
State statutes of limitation vary for personal injury and wrongful deaths lawsuits. You need an experienced mesothelioma lawyer to make sure that you do not miss the deadline for filing an action.
Your lawyer will investigate and collect evidence on your behalf after the legal process has begun. They will question you and any former employer, landowner, or other persons who may have been involved in your asbestos exposure. They will also examine the specifics of your case to determine the extent the location, when, and where you were exposed.
The majority of asbestos cases are handled on a contingency-fee basis which means that the attorney will receive the a portion of any money you receive as a representation. Your attorney will also take care of the costs of your case If you win a judgment or settlement, they will collect their fees from the winning party.
If you and your asbestos lawyer can’t agree on a payment for contingency, you can hire an alternative firm. The attorneys in the second law firm will need to sign a contract for the division of the costs and work.
Typically, mesothelioma patients and their families receive compensation when they win the verdict of a jury in favor of the plaintiff. However many asbestos settlement lawsuits are settled out of court. On average asbestos lawsuits that have a successful outcome pay out between $1 million and $1.4 million to the victims.
Going to Trial
Asbestos lawyers are able to help their clients obtain compensation through either a settlement or a successful trial verdict. Compensation is determined by many factors, such as the length of exposure to asbestos and the frequency and severity of symptoms. Asbestos lawsuit damages could include damages for pain and suffering, lost income and future earnings as along with medical expenses including childcare, transportation and housekeeping.
Compensation for wrongful death claims can be obtained through an asbestos lawsuit which will pay for funeral expenses and other costs associated with the death of a loved one. Families may also be entitled to compensation for the emotional trauma caused by the death the loss of a loved one.
Lawyers who have experience in asbestos litigation can help victims of mesothelioma, lung cancer, and other asbestos-related illnesses to seek compensation from responsible asbestos manufacturers. In addition, mesothelioma lawyers could provide assistance in filing claims using trust funds created by asbestos companies that went into bankruptcy.
It can be difficult to determine who is responsible for an asbestos-related illness because of the lengthy time between first exposure and manifestation of symptoms. Additionally, evidence can disappear or be destroyed over time and asbestos companies can cease to be in business, thereby complicating the case even further.
The mesothelioma lawyer representing the plaintiff should identify all potential asbestos-related asbestos companies and asbestos products involved in the lawsuit before filing the lawsuit. An experienced attorney will conduct an exhaustive investigation of each asbestos product and asbestos manufacturer to ensure the case is complete with all facts.
Belluck & Fox’s asbestos lawyers have been holding negligent asbestos producers accountable for the hardworking employees exposed to the dangerous material. This has allowed them to secure more than $1 billion in compensation for their clients over the years. The firm has won significant verdicts, such as a $22 million settlement for a Navy veteran who contracted mesothelioma while repairing boilers on ships, and an $8 million verdict for a construction worker who died from asbestos exposure in joint-sealing compounds at a Manhattan high rise.