4 Dirty Little Secrets About The Asbestos Law Industry
An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
A knowledgeable asbestos lawyer can assist those suffering of asbestos-related diseases. This includes asbestosis and mesothelioma, as well as lung cancer.
Many firms offer free case reviews for mesothelioma sufferers. This lets you learn about how a particular company handles these claims and decide whether they are the right fit for you.
A lawsuit against an asbestos company could result in reimbursement for medical expenses as well as lost wages and other expenses. Legal proceedings can be costly.
The history of asbestos law suits
Asbestos can be a risky, naturally occurring mineral used for fireproofing and insulation. For many years it was employed in a variety of manufacturing, industrial, and commercial settings in New York and across the country. Workers in a variety of facilities, such as power plants, shipyards and textile mills, were frequently exposed to asbestos. Some of them later developed mesothelioma or other lung diseases that are directly related to their exposure. 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 latter half of 1960, scientists confirmed what people had suspected - that asbestos exposure causes lung damage and diseases. This discovery triggered a flood of claims that led to dozens of asbestos companies to file for bankruptcy. In the course of bankruptcy procedures, these companies set up asbestos trust funds to compensate victims and their families. The money they pay into these trusts has now amounted to hundreds of millions of dollar.
While Congress has attempted to pass legislation in order to settle the asbestos litigation process these bills have not succeeded due to numerous reasons. For example they did not consider the treatment of mesothelioma sufferers who are recurrently suffering from their disease or who have passed away.
The asbestos defense industry has also been a roadblock in its effort to discredit the scientific consensus that asbestos, even when it is in low amounts, can cause mesothelioma and lung cancer. These campaigns have included funding and publishing papers in scientific journals that are intended to help the asbestos industry's legal arguments in trial.
To accelerate the process, individual cases can be combined into multidistrict litigation. In 1991, a judge consolidated over 850 asbestos lawsuits filed against power plants to speed the resolution of these cases. Defendants are allowed to appeal a decision within 30 to 180 days, which will delay the receipt of any money award until after the appeal is resolved. A defendant could be required to pay a an amount of bond for any award, contingent on the outcome of the appeal.
How to File a Claim
An asbestos lawyer can assist families and individuals in filing different types of asbestos claims. These claims may be for reimbursement for funeral costs, medical expenses loss of income, loss of consortium, pain and suffering, and other damages. They can also sue companies that exposed asbestos workers. They can also assist veterans to submit a claim for disability compensation through the Veteran's Administration.
A lawyer with expertise in asbestos litigation can look over your case for free and determine if there are any legal options. They will explain the various legal procedures and answer any questions that you have. They can come to your home, hospital or office to meet with you for a consultation. They work on a contingent basis, meaning that you don't have to pay upfront legal costs.
If a client employs an asbestos lawyer, he/ she must ensure that the lawsuit is filed in accordance to the applicable statute of limitations. Most states require asbestos-related victims to bring a suit within a few years after being diagnosed with mesothelioma or lung cancer. It can be hard to determine if a person has been exposed to asbestos since symptoms typically don't manifest until decades afterward. An experienced asbestos attorney can assist clients with understanding the specific laws in their state and ensure that the lawsuit is filed in time.
When you file a complaint an attorney for mesothelioma will seek evidence to support your claim. This includes company records and interviews conducted with your family members. They can also subpoena old documents from asbestos-related companies that could reveal negligence.
A seasoned asbestos lawyer can help you make a claim for wrongful death if a loved ones died from mesothelioma or a different asbestos-related disease. In a wrongful death lawsuit survivors are entitled to compensation for emotional grief, funeral expenses, and loss of companionship. They can also seek punitive damage against the asbestos company.
An experienced asbestos lawyer has the capability to quickly gain access to records from different states or asbestos companies and can offer you more legal options than local law firms. A national asbestos law firm's resources can give victims a better chances of winning a substantial settlement.
Prepare for Trial
Asbestos, a toxic mineral has been employed in industrial work for a long time. Workers exposed to asbestos in shipbuilding, construction and automobile manufacturing industries, among others, often suffer from serious diseases such as mesothelioma (lung cancer) asbestosis, the pleural effusion (inflammation of the lining of the lungs). If you have been diagnosed with a disease caused by 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 businesses that are responsible for your exposure. kenner asbestos law firm allows you to pursue financial compensation for medical expenses, loss of earnings or income, pain and suffering, emotional distress, and other damages.
The statutes of limitations in each state differ for personal injury and wrongful deaths lawsuits. It's important to have a mesothelioma attorney by your side to ensure you don't miss the deadline to file an action.
When the legal process is initiated your lawyer will begin working on your behalf to investigate and gather evidence. They will conduct an interview with you and any former employers, landowners, or other parties who were involved in your exposure to asbestos. They will also examine the specifics of your case to determine the extent they came to know when, where, and how you were exposed.
Most asbestos cases are handled using a contingency-fee basis. This means that the attorney will receive a percentage of the compensation you receive. Your attorney will also pay any costs associated with your case If you win an award or settlement, they will collect their fees from the party that won.
If you and your asbestos lawyer can't agree on a contingency payment you may choose to hire another firm. The attorneys of the second firm must agree to a contract for sharing the cost of work and expenses.
In the majority of cases, the compensation is given to mesothelioma patients as well as their families when a jury finds in their favor. However many asbestos lawsuits settle outside of court. Asbestos lawsuits that succeed are paid between $1 million and $1.4 millions to the victims.
Going to Trial
Asbestos lawyers can assist their clients get compensation through settlement or winning a trial. Compensation is based on various factors, including the duration of exposure to asbestos, as well as the frequency and severity of symptoms. Asbestos lawsuits can result in damages for physical suffering and suffering, loss of income and future earnings, medical expenses, and household expenses like childcare transportation, housekeeping and childcare.
Compensation for wrongful death claims can be secured through an asbestos lawsuit, which includes money to cover funeral costs as well as other expenses associated with the death of loved ones. Additionally family members could be entitled to compensation for the emotional pain and grief that comes from the loss of loved ones.
Lawyers who have experience in asbestos litigation may help victims of mesothelioma, lung cancer, and other asbestos-related illnesses to seek compensation from responsible asbestos producers. In addition, mesothelioma lawyers could help with filing claims using trust funds set up by asbestos companies that have gone bankrupt.
The time interval between the time of exposure to asbestos and the onset of disease can make it difficult to determine who were the ones responsible for an asbestos-related illness. Evidence can also disappear or be lost with time, and asbestos companies could cease to be in business. This can make the case more difficult.
The lawyer representing mesothelioma plaintiffs must determine all possible asbestos producers and asbestos-related products involved in the claim before filing a lawsuit. A knowledgeable attorney will then conduct a thorough investigation of each asbestos product and asbestos manufacturer to ensure that the case is complete with all facts.
Belluck & Fox's asbestos lawyers have been holding negligent asbestos producers accountable for the hardworking people they exposed to this dangerous material. Over the years they have been able to secure more than one billion dollars in compensation for their clients. The firm has achieved notable verdicts, including a $22 million award for a Navy veteran diagnosed with mesothelioma while working on boilers on ships. It also secured an $8 million verdict for a construction employee who died after being exposed to asbestos in joint sealing compounds at a Manhattan skyscraper.