"Ask Me Anything:10 Answers To Your Questions About Asbestos Law

An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases

An experienced asbestos lawyer can assist those suffering of asbestos-related ailments. These include mesothelioma, asbestosis and lung cancer.

Many firms offer a free case review for mesothelioma patients. This allows you to learn about how a particular company handles the claims, and determine if they are suitable for you.

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

The history of asbestos law suits

Asbestos, a naturally occurring mineral is used as an insulator and a fire-resistant material. For a long time it was used in a variety of manufacturing commercial, industrial, and settings in New York and across the country. Many of these facilities, such as textile mills, power plants and shipyards, exposed workers substantial amounts of asbestos on a regular basis. Some of those workers later developed mesothelioma or other lung diseases directly related to their exposure. The affected individuals should seek out an experienced New York mesothelioma attorney to help them get the compensation they are due.

When the first lawsuits were filed in the late 1960s, scientists confirmed what many had long suspected - that asbestos exposure causes lung damage and diseases. This revelation triggered a flurry of claims that led to dozens of asbestos producers to declare bankruptcy. In bankruptcy proceedings these companies established asbestos trust funds for victims and their families. The money they pay into these trusts has now amounted to hundreds of millions of dollar.

Although Congress has attempted to pass legislation in order to settle the asbestos litigation issue, these bills have been unable to pass due to various reasons. They have not addressed the issue of the treatment options for patients suffering from mesothelioma that have recurrences or are deceased.

Another obstacle has been the asbestos defense industry's attempt to undermine and discredit the scientific consensus that all forms of asbestos even at very low levels, are capable of creating mesothelioma, lung cancer and other asbestos-related ailments. The campaigns have included funding and publishing articles in journals with scientific content that aim to assist the asbestos industry's legal arguments in trial.

To speed up the process, individual cases can be condensed into multidistrict litigation. In 1991, a judge condensed over 850 asbestos lawsuits filed against power plants to speed up the resolution of these cases. The defendants can appeal a verdict within 30 to 180 days. This will delay the payment of any monetary award until the appeal is completed. Depending on the outcome of the appeal a defendant could be required to make a bail for any monetary award received.

How to File a Claim

An asbestos lawyer can assist families and individuals to file various asbestos claims. These claims may be for reimbursement for medical expenses, funeral fees loss of income, loss of consortium in consortium, pain and suffering and other damages. They may also sue companies that exposed asbestos workers. They can also assist veterans to file a claim for disability compensation with the Veteran's Administration.

A lawyer who is specialized in asbestos litigation will review your case for free and determine if there are any legal options. They will explain the various legal procedures and answer any questions you might have. They can travel to your home, office or hospital for a consultation. They operate on a contingency basis, which means that you won't have to pay upfront legal costs.

If a client employs an asbestos lawyer, they must make sure that the lawsuit is filed within the appropriate deadline. The majority of states require victims to file an asbestos lawsuit within a few years after being diagnosed with mesothelioma lung cancer or another asbestos-related disease. It can be difficult to determine if a person has been exposed to asbestos because the symptoms usually don't show until decades afterward. An asbestos lawyer can assist clients navigate the laws of their respective states and ensure that the lawsuits are filed within the timeframe.

After filing the complaint mesothelioma lawyers gather evidence to back your claim, such as company records as well as interviews with family members. They can also request documents from asbestos-related companies to demonstrate negligence.

An experienced asbestos lawyer can also help you file an action for wrongful death in the event that a loved one has died from mesothelioma or other asbestos-related illnesses. In a lawsuit involving victims of wrongful deaths, survivors may seek compensation to help with funeral costs, emotional distress as well as loss companionship. They can also demand punitive damages from the asbestos legal-related company.

A reputable asbestos attorney has the ability to quickly get records from various states and asbestos companies, and will give you more legal options than a local law firm could offer. The national resources of an asbestos law firm can also give victims a much better chance at winning substantial compensation.

Preparing for Trial

Asbestos is a very toxic mineral is employed in industrial tasks for many years. Workers exposed to asbestos in shipbuilding, construction auto manufacturing, shipbuilding, as well as other industries often suffer from serious illnesses such as mesothelioma or lung cancer, asbestosis or the pleural effusion (inflammation of the lining of the lungs). If you've been diagnosed with a disease related to asbestos exposure, you deserve compensation. An experienced New York asbestos lawyer can help you recover damages.

A mesothelioma attorney can help you to file a lawsuit for personal injury or wrongful deaths against companies that are responsible for your exposure. A mesothelioma suit allows you to seek financial compensation for medical expenses, loss of earnings or income, pain and suffering, emotional distress, and other damages.

State statutes of limitations vary for personal injury and wrongful death lawsuits. It's important to have an experienced mesothelioma lawyer by your side to ensure you don't miss the deadline to file an claim.

Your lawyer will investigate and collect evidence on your behalf after the legal process has started. They will conduct an interview with you and any former landowners, employers, or other individuals who were involved in your exposure to asbestos. They will also investigate the details of your situation in order to determine how the location, when, and where you were exposed.

The majority of asbestos cases are handled on a contingency basis which means that the attorney will take the a portion of any money you receive as a representation. Your attorney will cover all expenses associated with your case. If you win, they will be paid by the winning party.

If you and your asbestos attorney are unable to come to an agreement on a contingent payment and you want to hire an alternative firm. However, the attorneys in the second firm must sign a contract that shares the cost of work and expenses.

Usually, mesothelioma sufferers and their family members are awarded compensation after obtaining a jury verdict in favor of the plaintiff. However, many asbestos lawsuits are settled out of court. Asbestos lawsuits that are successful will pay between $1 million and $1.4 millions to the victims.

Going to Trial

Asbestos lawyers can assist their client get compensation by settlement or winning a trial. Compensation is contingent upon a variety of factors, including the amount of time and type of asbestos exposure and severity of the symptoms. Asbestos lawsuits can result in damages for physical suffering and pain, loss of income and future earnings, medical expenses, and household expenses, such as childcare transport, housekeeping and transportation.

Compensation for wrongful death claims can also be obtained through an asbestos lawsuit, which includes money to cover funeral costs and other expenses that come with the loss of loved ones. Families may also be entitled to compensation due to the emotional trauma caused by the death a loved one.

Lawyers who have experience in asbestos litigation can assist victims of mesothelioma lung cancer, and other asbestos-related illnesses seek compensation from responsible asbestos manufacturers. Mesothelioma lawyers can also assist make claims using trust funds set up by asbestos-related companies that went bankrupt.

It is often difficult to determine who is the person responsible for an asbestos-related illness due to the long period between first exposure and an onset of symptoms. Evidence may also disappear or be lost over time, and asbestos companies may go out of business. This can make the case more difficult.

In the event of filing an asbestos lawsuit, the mesothelioma lawyer representing the plaintiff must determine every possible asbestos-related asbestos product and asbestos manufacturer that could be involved in the lawsuit. A knowledgeable attorney will then conduct an exhaustive investigation of every asbestos product and asbestos manufacturer to ensure that the case is based on all facts.

For decades, mesothelioma lawyers at Belluck & Fox have held negligent asbestos producers accountable for the hardworking people exposed to this deadly substance. Through the years they have managed to secure more than one billion dollars in compensation for their clients. The firm has won notable verdicts, including an award of $22 million for an Navy veteran who contracted mesothelioma after repairing boilers on ships, and an $8 million verdict for the death of a construction worker from asbestos exposure joint-sealing materials at a Manhattan high-rise.