20 Myths About Asbestos Law: Dispelled

An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases

An experienced asbestos attorney can aid victims of asbestos-related diseases. They include asbestosis, mesothelioma and lung cancer.

Many firms provide free mesothelioma patients with case reviews. This allows you to learn about the way a company handles these claims and decide whether they are the right fit for you.

A lawsuit against a company that produces asbestos could result in compensation of medical bills, lost wages, and other expenses. Legal proceedings can be costly.

The history of asbestos-related lawsuits

Asbestos is a naturally occurring mineral, is used as an insulator and a fire-resistant material. For a long time it was utilized in a variety of manufacturing commercial, industrial, and settings in New York and across the country. Workers working in many of these places, like shipyards, power plants, and textile mills, were often exposed to asbestos. Some of these workers later developed mesothelioma or other lung diseases directly linked to their exposure. A New York mesothelioma lawyer can assist those affected to receive the compensation they're entitled to.

Researchers confirmed what many believed to be true, that exposure to asbestos can cause lung disease and damage. This knowledge spurred a wave of claims that caused dozens of asbestos producers to file for bankruptcy. In bankruptcy proceedings, these companies set up asbestos trust funds for the families of victims. The money they pay into these trusts amounts to hundreds of millions of dollar.

Congress has tried to pass legislation in order to settle the asbestos litigation. However, these bills have failed due to a variety of reasons. They did not address, for example, how to treat patients with mesothelioma who have recurrences or have passed away.

The asbestos defense industry is also a major obstacle in its campaign to discredit the scientific consensus that asbestos even in low amounts can cause mesothelioma as well as lung cancer. These campaigns have included funding and publishing articles in journals of science that are intended to help the asbestos industry's legal arguments in trial.

Individual cases can be combined into multidistrict litigation to speed up the process. In 1991, a judge combined 850 asbestos lawsuits against power plants to speed the resolution of these cases. The defendants are able to appeal a decision between 30 and 180 days. This will delay any monetary award. Based on the outcome of the appeal the defendant may be required to sign a bond for any money awarded.

How to File a Claim

An asbestos lawyer can assist individuals and families in filing various types of asbestos claim claims. These claims can be for compensation to pay for medical expenses, funeral costs, lost income, loss of consortium, and pain and suffering. They can also seek restitution from businesses that exposed workers to asbestos. They can also help veterans make a claim for disability compensation through the Veteran's Administration.

A lawyer who specializes in asbestos litigation can look over your case free of charge to determine if you have legal options. They can provide you with information on the various legal processes and answer any questions you may have. They will travel to your workplace, hospital or home to meet with you for a consultation. They are paid on a recurring basis, so you don't need to pay any upfront legal fees.

If a client hires an asbestos lawyer they must ensure the lawsuit is filed within the proper statute of limitations. Most states require asbestos victims to submit a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It can be hard to determine if an individual has been exposed to asbestos as the symptoms aren't always apparent until years later. An asbestos lawyer can assist clients navigate the laws of their respective states and ensure that the lawsuits are filed in time.

After filing a complaint, mesothelioma lawyers will collect evidence in support of your claim. This includes company records as well as interviews conducted with your family members. They can also subpoena records from asbestos-related companies to demonstrate negligence.

A knowledgeable asbestos lawyer can assist you to make a claim for wrongful death if a loved one passed away from mesothelioma, or another asbestos-related disease. In a wrongful-death lawsuit, survivors can seek compensation for their emotional grief, funeral expenses, and loss of companionship. They may also seek punitive damages against the asbestos-related company.

A good asbestos attorney has the ability to quickly access records from different states and asbestos companies. They also offer you more legal options than an individual law firm could provide. A national asbestos law firm's resources provide victims with a greater chance of obtaining a substantial amount of compensation.

Preparing for Trial

Asbestos is a noxious mineral that was used for decades in industrial work. Workers exposed to asbestos in shipbuilding, construction and automobile manufacturing industries, among others, suffer from serious diseases such as mesothelioma (lung cancer) or asbestosis or pleural effusion (inflammation of the lining of your lungs). If you've been diagnosed with an illness that is due to asbestos exposure you should be compensated. An experienced New York asbestos lawyer can help you recover damages.

A mesothelioma lawyer can assist you make a personal injury claim or wrongful death suit against the companies that are responsible for your exposure. A mesothelioma lawsuit permits you to pursue financial compensation for medical expenses, lost wages or income, pain and suffering, emotional distress and other damages.

The statutes of limitation vary by state for both personal injury and wrongful death lawsuits. It is essential to hire a mesothelioma lawyer to ensure you don't miss the deadline for filing an action.

Your lawyer will investigate and collect evidence on behalf of you once the legal process has started. They will conduct interviews with you and any former employer, landowner or other persons who may have been involved in your asbestos exposure. They will also look into the details of your situation to determine how, where you were exposed, and the time at which you be exposed.

The majority of asbestos cases are dealt with on a contingency fee basis. This means that the attorney will receive a percentage of any amount you are paid. Your attorney will cover the entire cost of your case. If you win and are awarded the money by the winning party.

If you and asbestos lawyer your asbestos lawyer are unable to agree on a contingency fee and you want to hire a different firm. The attorneys in the second law firm will have to sign a contract for the division of the cost of work and fees.

Usually, mesothelioma sufferers and their families are awarded compensation by winning the verdict of a juror in favor of the plaintiff. However many asbestos lawsuits settle out of court. Asbestos claims that are successful will pay between $1 million and $1.4 millions to the victims.

Going to Trial

Asbestos lawyers are able to help their clients get compensation through either a settlement or a successful trial verdict. Compensation is determined by various factors, including the duration of exposure to asbestos and the severity and frequency of symptoms. Asbestos lawsuits can result in damages for physical suffering and pain loss of income as well as future earnings, medical expenses, and household expenses such as childcare transportation, housekeeping and childcare.

A lawsuit against asbestos may also result in compensation for deaths caused by negligence, including money to cover funeral costs and other expenses related to the death of loved ones. Families could also be entitled to compensation because of the emotional distress that is caused by the death of an individual they love.

Attorneys with asbestos litigation experience can help victims of lung cancer, mesothelioma and other asbestos-related diseases seek compensation from asbestos manufacturers. Moreover, mesothelioma lawyers can provide assistance in filing claims using trust funds established by asbestos companies that went into bankruptcy.

The years between first exposure to asbestos and the onset of illness can make it difficult to determine which defendants were responsible for the asbestos-related disease. Evidence may also vanish or be lost with time, and asbestos-related companies could go out of business. This makes the case more complicated.

When filing an asbestos lawsuit, the mesothelioma attorney representing the plaintiff must be aware of every possible asbestos-related asbestos product and asbestos manufacturer involved in the case. A knowledgeable attorney can conduct a thorough analysis of every asbestos manufacturer and product to ensure that all relevant facts are available to the case.

For decades, mesothelioma lawyers at Belluck & Fox have held negligent asbestos producers accountable for the hardworking individuals who were exposed to this harmful substance. Over the years, they have been able to secure more than one billion dollars in compensation for their clients. The firm has won a number of notable verdicts, including a $22 million award to a Navy veteran diagnosed with mesothelioma while repairing boilers on ships. They also won an $8million verdict for a construction worker who died after being exposed asbestos in joint sealing compounds at a Manhattan skyscraper.