The History Of Asbestos Law

An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases

An experienced asbestos lawyer can help victims of asbestos-related illnesses. These include mesothelioma, asbestosis and lung cancer.

Many companies 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 choice for you.

A lawsuit against an asbestos-related firm can result in the payment of medical bills or lost wages, among other costs. However, litigation can be costly.

The history of asbestos-related lawsuits

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

Researchers proved what a lot of people believed, that exposure to asbestos can cause lung disease and damage. This discovery sparked a wave complaints that prompted a number of asbestos producers to declare bankruptcy. In the course of bankruptcy procedures, these companies set up asbestos trust funds to pay victims and their families. The amount of money that was transferred into these trusts is now in the hundreds of millions of dollars.

Although Congress has attempted to pass legislation to end the asbestos litigation process these bills have not succeeded due to numerous reasons. For example they did not consider the treatment options for mesothelioma patients who are recurrently suffering from their disease or have died.

Another roadblock has been the asbestos defense industry's campaign to defame and undermine the scientific consensus that asbestos in all forms even at low levels, can be responsible for causing mesothelioma, lung cancer and other asbestos-related ailments. These campaigns have included financing and publishing articles in journals of science that are intended to help the asbestos industry's legal argument at trial.

To speed up the process the individual cases can be condensed into multidistrict litigation. In 1991, for instance one judge consolidated over 850 asbestos lawsuits involving power plants to facilitate the faster resolution of these cases. Defendants are allowed to appeal a verdict within 30 to 180 days. This will delay the payment of any award in cash until after the appeal is completed. Based on the outcome of the appeal, a defendant could be required to post a bond for any monetary award received.

How to File a Claim

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

A lawyer with expertise in asbestos litigation can examine your case free of charge to determine if you have legal options. They can explain the different legal procedures and address any questions you might have. They can come to your home, office or hospital to provide a consultation. They work on a contingent basis, which means that you won't have to pay upfront legal fees.

When a client engages an asbestos attorney they must ensure the lawsuit is filed within the applicable statute of limitations. Most states require asbestos-related victims to start a lawsuit within a few years after being diagnosed with mesothelioma or lung cancer. It is often difficult to determine when a person was exposed to asbestos because the symptoms are not likely to appear until decades after exposure. A lawyer for asbestos can help clients navigate the laws of their state and asbestos attorney ensure that lawsuits are filed within the timeframe.

After filing the complaint, mesothelioma lawyers will collect evidence to back your claim, such as company records as well as interviews with family members. They can also subpoena old documents from asbestos companies to prove negligent behavior.

An experienced asbestos lawyer can also assist you with filing an action for wrongful death in the event that a loved one has passed away from mesothelioma or any other asbestos-related diseases. In a wrongful demise lawsuit, survivors may seek compensation for emotional distress, funeral costs, and loss of companionship. They may also seek punitive damages against asbestos companies.

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

Prepare for trial

Asbestos is a very toxic mineral, has been employed in industrial tasks for many years. People who are exposed to asbestos in shipbuilding, construction automotive manufacturing, shipbuilding, and other industries frequently suffer from severe diseases such as mesothelioma, lung cancer, asbestosis or the pleural effusion (inflammation of the lining of the lungs). If you've been diagnosed with a disease 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 file a personal injury or wrongful-death lawsuit against the businesses accountable for your exposure. A mesothelioma lawsuit lets you receive financial compensation for medical expenses loss of wages, pain and discomfort, emotional distress, etc.

The statutes of limitations in each state differ for personal injury and wrongful deaths lawsuits. You need an experienced mesothelioma lawyer in order to ensure you don't miss your deadline to file a claim.

Your lawyer will investigate and collect evidence on behalf of you once the legal process has begun. They will interview both you and your former landowner, employer 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 and when you might have been exposed.

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

If you and your asbestos attorney can't reach an agreement on the amount of a contingency fee you may choose to hire a different firm. However, the attorneys in the second firm must sign a contract that shares the work and fees.

Usually, mesothelioma sufferers and their family members are awarded compensation after obtaining an appeals court verdict in favor of the plaintiff. However, many asbestos lawsuits settle 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 are able to help their clients obtain compensation through either a settlement or a successful trial verdict. Compensation is contingent upon a variety of factors, including the length of time and the type of asbestos exposure and the severity of symptoms. Asbestos lawsuits may award damages for physical suffering and pain loss of income as well as future earnings, medical expenses, and household expenses like childcare as well as housekeeping, transportation and childcare.

A lawsuit against asbestos can also result in compensation for deaths caused by negligence that include money to pay funeral costs and other expenses associated with the death of loved ones. In addition family members could be entitled to compensation for the emotional distress and grief triggered by the passing of a loved one.

Attorneys with asbestos litigation experience can help patients with mesothelioma, lung cancer and other asbestos-related diseases seek compensation from asbestos manufacturers. Additionally, mesothelioma lawyers are able to assist in filing claims with trust funds set up by asbestos companies that went bankrupt.

The years between exposure to asbestos and the onset of disease can make it difficult to determine who were responsible for an asbestos-related disease. In addition, evidence may disappear or be lost over time and asbestos companies can go out of business, thereby complicating the case even further.

The mesothelioma lawyer representing the plaintiff must identify all asbestos compensation producers and asbestos-related products that are involved in the case before submitting a lawsuit. A knowledgeable attorney will then conduct an exhaustive investigation of each asbestos product and asbestos manufacturer to ensure the case is based on all facts.

Belluck and Fox's asbestos attorneys have been holding negligent asbestos producers accountable for the hardworking people they exposed to this dangerous material. They have secured more than $1 billion in compensation for their clients over the years. The firm has won significant verdicts like an award of $22 million for an Navy veteran who contracted mesothelioma from repairing boilers on ships. There was also an $8 million verdict for a construction worker who died due to asbestos exposure in joint sealing compounds in the top of a Manhattan high-rise.