20 Myths About Asbestos Law: Busted

An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases

A skilled asbestos lawyer can help victims of asbestos-related ailments. These include asbestosis and mesothelioma as well as lung cancer.

Many companies offer a free case review for patients with mesothelioma. This allows you to find out about how a firm handles these claims and then decide if they are right for you.

A lawsuit against a company which manufactures asbestos may result in compensation for medical bills, lost wages and other expenses. However, litigation can be costly.

The history of asbestos-related lawsuits

Asbestos is a hazardous naturally occurring mineral used for insulation and fire resistance. It was utilized for a long time in New York, as well as other areas of the United States, in manufacturing, industrial and commercial environments. Many of these establishments, including power plants, textile mills, and shipyards, exposed workers large amounts of asbestos on a regular basis. Some of the workers were diagnosed with mesothelioma and other lung diseases directly connected to their asbestos exposure. A New York mesothelioma lawyer can assist those affected to receive the benefits they are entitled to.

As the first lawsuits were filed in the latter half of the 1960s, researchers confirmed what people had suspected - that exposure causes lung damage and disease. This information triggered a wave of claims that led to dozens of asbestos producers to declare bankruptcy. In the course of bankruptcy proceedings, these companies established asbestos trust funds to pay the victims and their families. The amount of money that was deposited into these trusts is now in the hundreds of millions of dollars.

Although Congress has tried to pass legislation in order to settle the asbestos litigation process, these bills have failed for a variety of reasons. For example they did not discuss the treatment options for mesothelioma patients who have recurrences of their illness or who are deceased.

The asbestos defense industry has also been a hindrance in its campaign to discredit the scientific consensus that asbestos even in low amounts can cause mesothelioma as well as lung cancer. These campaigns include funding and publishing articles designed to back the asbestos industry's arguments in court.

To accelerate the process it is possible to have individual cases consolidated to multidistrict litigation. In 1991, a judge joined the asbestos lawsuits of 850 against power plants to speed up the resolution of these cases. The defendants are able to appeal a verdict within 30 to 180 days, which could delay the payment of any monetary award until the appeal is completed. Based on the outcome of the appeal, the defendant could be legally required to pay a bond for any money awarded.

How to File a Claim

An asbestos lawyer can assist families and individuals to file various types of asbestos claims. These claims could be for compensation for funeral expenses, medical costs and lost income loss of consortium and pain and suffering. They may also seek restitution from companies which exposed workers to asbestos. They can also assist veterans to file a claim for disability compensation through the Veteran's Administration.

A lawyer who is an expert in asbestos litigation will evaluate your case for free to determine if there are any legal options available. They can help you understand the various legal procedures and address any questions you have. They can come to your home, office or hospital to meet with you for a consultation. They operate on a contingency basis, which means that you won't have to pay upfront legal costs.

When a client hires an asbestos attorney, he or will need to ensure that the lawsuit is filed in line with the statute of limitations in force. The majority of states require asbestos victims to start a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It can be hard to determine if a person has been exposed to asbestos since the symptoms aren't always apparent until decades afterward. An asbestos lawyer can assist clients navigate the laws of their respective states and ensure that the lawsuits are filed on time.

After filing the complaint a mesothelioma lawyer will gather evidence to support your claim, including company records as well as interviews with family members. They may also request documents from asbestos-related companies in order to prove negligence.

A knowledgeable asbestos lawyer can assist you to file a lawsuit for wrongful death if your loved one was killed by mesothelioma, or any other asbestos-related disease. In a wrongful death suit, survivors are entitled to compensation for emotional grief, funeral expenses, and loss of companionship. They can also seek punitive damages against the asbestos company.

A good asbestos attorney has the capacity to swiftly access information from various states and asbestos companies, asbestos litigation and can provide you with more legal options than the local law firm can offer. A national asbestos law firm's resources can provide victims with a greater chances of winning a substantial settlement.

Prepare for trial

Asbestos is a noxious mineral that was extensively used in industrial work. People who are exposed to asbestos in shipbuilding, construction manufacturing of automobiles, shipbuilding, and other industries are often affected by severe illnesses like mesothelioma or lung cancer, asbestosis, or pleural effusion (inflammation of the lung's lining). If you have been diagnosed as suffering from a disease that is linked to asbestos exposure, you are entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.

A mesothelioma attorney can help you bring a suit for personal injury or wrongful death against the companies that are accountable for your exposure. A mesothelioma lawsuit allows you to seek financial compensation for medical expenses, lost wages, pain and suffering, emotional distress, and other damages.

The statutes of limitations vary according to state, for both personal injury and wrongful death lawsuits. It is essential to have an experienced mesothelioma lawyer on your side to ensure you don't run out of time to file an action.

When the legal process is initiated the attorney will work on your behalf to investigate and gather evidence. They will conduct interviews with you and your former employer, landowner or other parties who may have been involved in your asbestos exposure. They will also investigate the details of your situation to determine if you were exposed, where, and when you were exposed.

Most asbestos cases are handled using a contingency-fee basis. This means that the attorney will be paid a percentage of the compensation you receive. Your attorney will also cover any costs associated with your case and, if you prevail a judgment or settlement and they collect their fees from the party that won.

If you and your asbestos attorney cannot come to an agreement on an hourly fee you may choose to hire a different firm. However, the attorneys of the second firm must sign a contract to share the costs and work.

Typically, mesothelioma victims and their family members are awarded compensation after obtaining the verdict of a juror in favor of the plaintiff. However, many asbestos lawsuits settle out of court. Asbestos claims that are successful settle between $1 million to $1.4 millions to victims.

Going to Trial

Asbestos lawyers can help their client get compensation by settling or winning a trial. Compensation is based on a number of factors, including the length of exposure to asbestos, as well as the frequency and severity of symptoms. Asbestos lawsuits may award damages for physical suffering and pain, loss of income and future earnings, medical expenses, and household expenses like childcare, transportation and housekeeping.

A lawsuit against asbestos can also result in compensation for wrongful deaths and also money to cover funeral expenses and other expenses related to the loss of loved ones. Additionally family members could be entitled to compensation for the emotional pain and sadness caused by the loss of loved ones.

Lawyers with experience in asbestos litigation can help patients with mesothelioma, cancer of the lung and other asbestos-related ailments seek compensation from asbestos manufacturers. Additionally, mesothelioma lawyers are able to assist in filing claims using trust funds established by asbestos companies that went into bankruptcy.

It isn't always easy to determine who is accountable for an asbestos-related disease because of the lengthy time between first exposure and beginning to feel symptoms. Additionally, evidence can disappear or be lost as time passes and asbestos companies may cease to be in business, which can complicate the case further.

The mesothelioma lawyer representing the plaintiff must identify all possible asbestos producers and asbestos products involved in the claim prior to filing the lawsuit. An experienced attorney can conduct a thorough investigation into each asbestos-related manufacturer and product to ensure that all the relevant facts are available to the case.

Belluck and Fox's asbestos attorneys have been holding negligent asbestos producers responsible for the hardworking individuals exposed to the dangerous material. This has enabled them to secure more than $1 billion in compensation for their clients over the years. The firm has achieved notable verdicts, including a $22million settlement for a Navy veteran diagnosed with mesothelioma when repairing boilers on ships. They also won an $8 million verdict for a construction worker who died after being exposed to asbestos in joint sealing compounds in the top of a Manhattan skyscraper.