An
Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos attorney can help victims of
asbestos case-related illnesses. These include mesothelioma, asbestosis and lung cancer.
Many firms offer free case reviews for mesothelioma sufferers. This allows you to examine 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 compensation for medical bills, lost wages and other costs. Legal proceedings can be costly.
The history of asbestos law suits
Asbestos, a naturally occurring mineral that is a natural mineral, is used as an insulator and a fire-resistant material. It was extensively used in New York, as well as in other areas of the United States, in manufacturing, industrial and commercial environments. Workers in a variety of locations, such as shipyards, power plants, and textile mills, were regularly exposed to asbestos. Some of those workers developed mesothelioma or other lung diseases that were directly related to their exposure to asbestos. People who are affected should consult an expert New York mesothelioma attorney to assist them in obtaining the compensation they deserve.
Researchers proved what many believed to be true, that exposure to asbestos can cause lung damage and cause lung diseases. This revelation triggered a flurry of claims, which led to the emergence of asbestos manufacturers to file for bankruptcy. In the course of bankruptcy procedures, these companies set up asbestos trust funds to pay victims and their families. The money deposited to these trusts is now equal to hundreds of millions of dollars.
Although Congress has tried to pass legislation to end the asbestos litigation process, the bills have stalled due to various reasons. For instance they did not discuss the treatment of mesothelioma sufferers who are suffering from recurrences of their disease or who have passed away.
The asbestos defense industry has also been a hindrance in its campaign to discredit the scientific consensus that asbestos, even when it is in low amounts can cause mesothelioma and lung cancer. These campaigns have included securing funding and publishing articles in scientific journals that are intended to help the asbestos industry's legal arguments in trial.
To accelerate the process the individual cases can be condensed into multidistrict litigation. In 1991, for instance one judge combined the asbestos lawsuits of 850 power plants to allow for faster resolution of these cases. Plaintiffs are permitted to appeal a verdict within 30 to 180 days, which can delay the receipt of any monetary award until the appeal is resolved. A defendant may be required to provide a bond for any money awards received, based on the outcome of the appeal.
How to File a Claim
An asbestos lawyer can help families and individuals in filing different types of asbestos claims. These claims could be for compensation for funeral expenses, medical expenses and lost income loss of consortium and pain and suffering. They may also sue companies for exposing asbestos workers. They may also help veterans make a claim to the Veteran's Administration for disability compensation.
A lawyer who is specialized in asbestos litigation can review your case for free to determine if you are eligible for legal options. They can answer your questions and explain the various legal procedures. They will travel to your workplace, hospital or home for a consultation. They are on a contingent basis, so you don't need to pay any upfront legal fees.
When a client hires an asbestos attorney they must ensure that the lawsuit is filed within the proper statute of limitations. Most states require victims to submit a lawsuit against asbestos within a couple of years of being diagnosed with mesothelioma lung cancer, or any other asbestos-related illness. It isn't easy to know the date a person was exposed to asbestos, as the symptoms don't usually manifest until years after exposure. An experienced asbestos attorney can assist clients to navigate the specific laws in their state and ensure that the lawsuit is filed in a timely manner.
When you file a complaint an attorney for mesothelioma will gather evidence in support of your claim. This includes company records and even interviews conducted with your family. They can also request documents from asbestos companies to show negligence.
A seasoned asbestos lawyer can help you bring a lawsuit for wrongful death if your loved one died of mesothelioma, or any other
asbestos compensation-related disease. In a suit for victims of wrongful deaths, survivors may seek compensation to cover emotional distress, funeral costs and loss of companionship. They may also seek punitive damages against the asbestos company.
A good asbestos attorney has the ability to quickly access records from various states and asbestos companies, and will give you more legal options than an individual law firm could provide. The national resources of an asbestos law company can also give victims a much better chance of obtaining substantial compensation.
Prepare for trial
Asbestos, a highly toxic mineral has been employed in industrial work for a long time. Workers exposed to asbestos in the shipbuilding, construction and automotive manufacturing industries among others, frequently suffer from serious illnesses like mesothelioma (lung cancer) or asbestosis or the pleural effusion (inflammation of lungs' lining). If you have been diagnosed as having a disease 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 personal injury or wrongful death lawsuit against companies that are responsible for your exposure. A mesothelioma lawsuit allows you to seek financial compensation for medical expenses, wage loss or income, pain and suffering, emotional distress, and other damages.
State statutes of limitation vary for personal injury and wrongful deaths lawsuits. It is important to have an experienced mesothelioma attorney on your side to ensure that you don't be late in filing a claim.
Once the legal process begins the attorney will work on your behalf to gather and investigate evidence. They will interview both you and any former landowner, employer or other individuals who could have been involved in your asbestos exposure. They will also research the specifics of your case to determine where, how, and when you may have been exposed.
The majority of asbestos cases are handled on a contingency fee basis. This means that your attorney will receive a proportion of whatever compensation you receive. Your attorney will pay for the entire cost of your case. If you win and are awarded the money by the winning party.
If you and your asbestos lawyer are unable to come to an agreement on the cost of a contingency and you want to hire a different firm. However, the lawyers in the second firm must agree to a contract for sharing the cost of work and expenses.
In the majority of cases, compensation is awarded mesothelioma victims and their families when a jury finds in their favor. Many asbestos lawsuits are settled out 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 aid their clients receive compensation through either a settlement or a successful trial verdict. Compensation is contingent on a variety of aspects, including the duration of time and the type of asbestos exposure and the degree of symptoms.