20 Myths About Asbestos Law: Busted

An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases

An experienced asbestos lawyer can aid those suffering from Asbestos Claim-related illnesses. These include mesothelioma, asbestosis and lung cancer.

Many companies offer a free case review for mesothelioma patients. This lets you learn about how a particular company handles these claims and then decide if they are the right choice for you.

A lawsuit against an asbestos company can result in compensation for medical bills, lost wages and other costs. Legal proceedings can be costly.

The History of Asbestos Lawsuits

Asbestos is a mineral that occurs naturally, is used as an insulator and fire-resistant material. It was used for decades in New York, as well as other parts of the country, in industrial, manufacturing and commercial environments. Many of these facilities, like textile mills, power plants, and shipyards, exposed workers to significant amounts of asbestos regularly. Some of those workers later developed mesothelioma or other lung diseases directly linked to their exposure. People who are 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 long suspected - that exposure causes lung damage and diseases. This discovery triggered a flood of claims that led to dozens of asbestos producers to file for bankruptcy. In bankruptcy proceedings the companies set up asbestos trust funds for victims and their families. The money they pay to these trusts is now equal to hundreds of millions of dollar.

Congress has attempted to pass legislation to end the asbestos lawsuit. However, these bills have failed due to a variety of reasons. For example they did not discuss the treatment of mesothelioma sufferers who have recurrences of their illness or who are deceased.

The asbestos defense industry has also been a stumbling block in its attempt to discredit the scientific consensus that asbestos even at a low level is a risk factor for mesothelioma or lung cancer. These campaigns have included funding and publishing articles in scientific journals that aim to assist the asbestos industry's legal arguments in trial.

Individual cases can be consolidated into multidistrict litigation to expedite the process. In 1991, for instance one judge consolidated 850 power plant asbestos lawsuits to speed up the resolution of these cases. Plaintiffs are permitted to appeal a decision within 30 to 180 days, which can delay the receipt of any money award until after the appeal has been concluded. Depending on the outcome of the appeal the defendant may be required to post a bond for any award of money.

The process of filing a claim

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

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 answer any questions you may have and provide you with the various legal procedures. They will often visit your hospital or home to meet with you and offer their services on a contingent basis which means you won't be liable for any upfront legal fees.

When a client engages an asbestos lawyer, they must make sure that the lawsuit is filed within the proper statute of limitations. Many states require that victims file an asbestos lawsuit within a few years after being diagnosed with mesothelioma, lung cancer, or another asbestos-related illness. It isn't easy to know when a person was exposed to asbestos because the symptoms are not likely to manifest until years after exposure. An experienced asbestos lawyer can help clients navigate their state's specific laws and ensure that the lawsuit is filed in a timely manner.

After filing a complaint an attorney for mesothelioma will seek evidence to support your claim. This includes records from the company and interviews conducted with your family members. They can also subpoena older documents from asbestos companies to 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 was killed by mesothelioma or a different asbestos-related disease. In a suit for victims of wrongful deaths, survivors may seek compensation to help with funeral expenses, emotional distress and loss companionship. They can also pursue punitive damages against the asbestos company.

A good asbestos attorney has the capacity to swiftly access records from various states and asbestos companies, and will provide you with more legal options than an individual law firm could offer. A national asbestos law firm's resources give victims a better chance of obtaining a substantial amount of compensation.

Preparing for Trial

Asbestos, a highly toxic mineral is employed in industrial tasks for many years. Workers exposed to asbestos in the shipbuilding, construction and automobile manufacturing industries, among others, often suffer from serious illnesses like mesothelioma (lung cancer) or asbestosis or the pleural effusion (inflammation of the lung's lining). If you've been identified as suffering from a disease that is linked to asbestos exposure, then you're entitled compensation. An experienced New York asbestos lawyer can help you recover damages.

A mesothelioma attorney can assist you make a personal injury claim or wrongful death lawsuit against the companies that are responsible for your exposure. A mesothelioma claim will allow you to receive financial compensation for medical costs loss of wages as well as pain and discomfort emotional distress, etc.

The statutes of limitations in each state differ for personal injury and wrongful deaths lawsuits. It's important to have a seasoned mesothelioma attorney by your side to ensure that you don't miss the deadline to file claims.

Your attorney will conduct an investigation and gather evidence on your behalf once the legal process has begun. They will conduct interviews with you and any former landowner, employer, or other party who could have been involved in your asbestos exposure. They will also review the details of your case to determine the extent they came to know when, where, and how you were exposed.

The majority of asbestos cases are dealt with on a contingency-fee basis which means that the attorney takes an amount of the compensation you receive for your representation. Your attorney will cover all costs related to your case. If you win and are awarded the money by the winning party.

If you and your asbestos attorney cannot reach an agreement on the amount of a contingency fee and you want to hire a different firm. However, the attorneys in the second firm must sign a contract that shares the cost of work and expenses.

In most cases, compensation is awarded mesothelioma victims and their families when a jury comes in their favor. However many asbestos lawsuits settle out of court. On average, asbestos claim asbestos lawsuits that reach the desired conclusion pay between $1 million and $1.4 million to the victims.

Going to Trial

Asbestos attorneys can help their clients get compensation through getting a settlement or winning a court. Compensation is determined by various factors, such as the length of exposure to asbestos case and the severity and frequency of symptoms. Asbestos lawsuit damages may include damages for pain and suffering, loss of income and future earnings, as also medical expenses as well as transportation, Asbestos Claim childcare, and housekeeping.

A lawsuit against asbestos may also result in compensation for the wrongful death of a person and also money to cover funeral costs as well as other expenses relating to the death of loved ones. Families could also be entitled to compensation as a result of the emotional stress caused by the death an individual they love.

Attorneys with asbestos litigation experience can assist victims of mesothelioma, cancer of the lung and other asbestos-related illnesses seek compensation from asbestos manufacturers. In addition, mesothelioma lawyers may help with filing claims using trust funds established by asbestos companies that have gone bankrupt.

The passage of decades between exposure to asbestos and the onset of illness can make it difficult to determine who are responsible for an asbestos-related disease. Evidence can also disappear or be lost with time, and asbestos-related businesses could be forced out of business. This complicates the case.

The attorney representing the plaintiff for mesothelioma must identify all asbestos producers and asbestos-related products involved in the case before submitting the lawsuit. A knowledgeable attorney will then conduct a thorough investigation of each asbestos product and asbestos manufacturer to ensure the case contains all the facts.

Belluck and Fox's asbestos attorneys have been holding negligent asbestos producers responsible for the hardworking individuals who were exposed to this hazardous material. This has allowed them to secure more than $1 billion in compensation for their clients over the years. The firm has achieved notable verdicts, such as a $22million award to a Navy veteran diagnosed with mesothelioma while repairing boilers on ships. It also secured an $8million verdict for a construction worker who passed away after being exposed to asbestos in joint sealing compounds at the top of a Manhattan skyscraper.