An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A skilled asbestos lawyer can help victims of asbestos-related diseases. These include asbestosis and mesothelioma, as well as lung cancer.
Many companies offer a no-cost case review for mesothelioma patients. This will allow you to find out how a company handles these claims and determine if they are the right fit for your.
A lawsuit against a business which manufactures asbestos may result in compensation of medical expenses, lost wages and other expenses. Legal proceedings can be costly.
The History of Asbestos Lawsuits
Asbestos is a hazardous, naturally occurring mineral used for insulation and fire protection. It was widely used in New York, as well as in other areas of the country in manufacturing, industrial and commercial settings. Workers in many of these places, like shipyards, power stations and textile mills, were often exposed to asbestos. Some of the workers were diagnosed with mesothelioma and other lung diseases directly related to their exposure to asbestos. Anyone affected should consult an experienced New York mesothelioma attorney to ensure they receive the compensation they are due.
When the first lawsuits were filed in the late 1960s, scientists confirmed what people had long believed - that exposure to
asbestos causes lung damage and diseases. This knowledge sparked a wave claims that led dozens of asbestos producers to declare bankruptcy. As part of their bankruptcy proceedings, these companies established asbestos trust funds to pay victims and their families. The amount of money that was deposited into these trusts now in the hundreds of millions of dollars.
Although Congress has tried to pass legislation in order to settle the
asbestos litigation issue, these bills have been unable to pass due to a variety of reasons. For instance, they did not address the treatment options for mesothelioma patients who are suffering from recurrences of their disease or have died.
Another roadblock has been the asbestos defense industry's campaign to defy and undermine the scientific consensus that all forms of asbestos even at very low levels, can be responsible for producing mesothelioma and lung cancer and other asbestos-related ailments. These campaigns include obtaining funding and publishing articles designed to back the asbestos industry's arguments in the courtroom.
Individual cases can be combined into multidistrict litigation to speed up the process. In 1991, for example one judge combined the asbestos lawsuits of 850 power plants to facilitate the faster resolution of these cases. Defendants are allowed to appeal a decision within 30 to 180 days, which could delay the receipt of any money award until after the appeal is decided. Based on the outcome of the appeal the defendant could be required to post a bond for any award of money.
The process of filing a claim
An asbestos lawyer can assist families and individuals file various types of asbestos claims. These claims may be for compensation for funeral expenses, medical costs, lost income, loss of consortium, and suffering and pain. They may also sue companies that exposed asbestos workers. They can also assist veterans apply for disability compensation with 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 available. They can provide you with information on the various legal procedures and answer any questions you may have. They can come to your workplace, hospital or home to provide a consultation. They operate on a contingency basis, which means that you won't have to pay upfront legal costs.
When a client hires a asbestos attorney, he or will need to ensure that the lawsuit is filed in line to the statute of limitations applicable to. Most states require asbestos-related victims to file a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It can be difficult to determine if someone has been exposed to asbestos because the symptoms aren't always apparent until decades afterward. An asbestos lawyer can assist clients navigate the laws of their state and ensure that lawsuits are filed in time.
After filing a complaint, an attorney for mesothelioma will gather evidence in support of your claim. This includes company records as well as interviews conducted with your family. They can also subpoena old documents from the asbestos companies, which could prove the negligence of the company.
A seasoned asbestos lawyer can assist you to start a lawsuit to claim wrongful death if your loved one died of mesothelioma, or any other asbestos-related disease. In a wrongful death suit 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 access information from various states and asbestos companies. They can offer more legal options than any local law firm would provide. A national asbestos law firm's resources give victims a better chance of winning substantial compensation.
Prepare for Trial
Asbestos, a toxic mineral, which was used for many years in industrial jobs. Workers exposed to the material in shipbuilding, construction manufacturing of automobiles, shipbuilding, and other industries often suffer from severe illnesses like mesothelioma, lung cancer asbestosis or pleural effusion (inflammation of the lining of the lungs). If you have 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 attorney can assist you to file a personal injury or wrongful death lawsuit against the companies responsible for your exposure. A mesothelioma suit permits you to claim financial compensation for medical costs loss of wages as well as pain and discomfort, emotional distress, etc.
State statutes of limitation vary for personal injury and wrongful deaths lawsuits. You'll need a knowledgeable mesothelioma lawyer in order to ensure that you do not miss the deadline for
asbestos Litigation filing claims.
Once the legal process begins, your attorney will work on your behalf to gather and investigate evidence. They will conduct an interview with you and any former landowners, employers or other parties that may have been involved in your exposure to asbestos. They will also look into the details of your situation to determine the extent they came to know when, where, and how you were exposed.
The majority of asbestos cases are handled on a contingency basis. This means that your attorney will receive a proportion of any amount you are paid. Your attorney will take care of the entire cost of your case. If you win, they will be paid by the winning party.
If you and your asbestos lawyer cannot agree on a payment for contingency you may choose to hire a different firm. The attorneys in the second law firm will have to sign a contract dividing the work and
asbestos litigation costs.
Usually, mesothelioma sufferers and their family members receive compensation if they get the verdict of a jury in favor of the plaintiff. Many asbestos lawsuits are settled outside of court. Asbestos lawsuits that win will pay between $1 million and $1.4 millions to the victims.
Going to Trial
Asbestos lawyers can assist their clients obtain compensation through either a settlement or successful trial verdict. Compensation is based on various factors, such as the duration of exposure to
asbestos as well as the frequency and severity of symptoms.