How To Beat Your Boss On Asbestos Law

An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases

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

Many firms offer a complimentary case review for mesothelioma patients. This will allow you to observe how a particular company deals with these claims and determine if they are the right fit for you.

A lawsuit against an asbestos company can result in settlement for medical bills as well as lost wages and other costs. However, litigation is expensive.

The history of asbestos law suits

Asbestos is a naturally occurring mineral, is used as an insulator and a fire-resistant material. It was widely used in New York, as well as in other areas of the United States, in industrial, manufacturing and commercial environments. Many of these facilities, including textile mills, power plants and shipyards, exposed workers significant amounts of asbestos on a regular basis. Some of these workers developed mesothelioma as well as other lung diseases that were directly related to their exposure to asbestos. People who are affected should consult an experienced New York mesothelioma attorney to assist them in obtaining the compensation they deserve.

As the first lawsuits were filed in the latter half of the 1960s, researchers confirmed what people had believed - that exposure to asbestos causes lung damage and disease. This information triggered a wave of complaints that prompted a number of asbestos producers to declare bankruptcy. In the bankruptcy proceedings, the companies set up asbestos trust funds for victims and their families. The money they pay into these trusts amounts to hundreds of millions of dollars.

Although Congress has tried to pass legislation to end the asbestos litigation process the bills have stalled due to many reasons. For instance they did not consider how to treat mesothelioma patients who are suffering from recurrences of their disease or who have passed away.

Another roadblock 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, can be responsible for creating mesothelioma, lung cancer as well as other asbestos-related diseases. These campaigns have included securing funding and publishing articles in journals with scientific content that aim to support the asbestos industry's legal arguments during trial.

To speed up the process, asbestos claim individual cases can be combined into multidistrict litigation. In 1991, a judge condensed 850 asbestos lawsuits against power plants to speed the resolution of these cases. The defendants are able to appeal a verdict within 30 to 180 days, which could delay the receipt of any award in cash until after the appeal is completed. A defendant could be required to provide a bond for any money awards, based on the outcome of an appeal.

How to File a Claim

An asbestos lawyer can help families and individuals file various kinds of asbestos claims. These claims can be for compensation to pay for medical expenses, funeral costs as well as lost income loss of consortium and suffering and pain. They may also sue companies that exposed asbestos workers. They can also help veterans submit a claim for disability compensation through the Veteran's Administration.

A lawyer who is specialized in asbestos litigation will review your case for free to determine if you have any legal options. They can answer any questions you may have and explain the different legal procedures. They will travel to your home, hospital or office for a consult. They are on a contingent basis, meaning that you don't have to pay upfront legal fees.

If a client hires an asbestos attorney they must ensure that the lawsuit is filed within the correct statute of limitations. The majority of states require asbestos victims to submit a lawsuit within a couple of years after being diagnosed with mesothelioma or lung cancer. It isn't easy to know the time a person was exposed to asbestos, as the symptoms don't usually show up until years after exposure. An asbestos lawyer can help clients navigate the laws of their respective states and ensure that the lawsuits are filed in time.

When you file a complaint a mesothelioma attorney will gather evidence in support of your claim. This includes records from the company and interviews conducted with your family. They can also subpoena documents from asbestos-related companies to show negligence.

An experienced asbestos attorney can also help you file the wrongful-death suit if a loved one has passed away due to mesothelioma and other asbestos-related diseases. In a lawsuit involving the wrongful death of a loved one, survivors can seek compensation for emotional distress, funeral costs and loss companionship. They may also seek punitive damages against asbestos companies.

An experienced asbestos lawyer has the capacity to swiftly access records from different states and asbestos companies, and can give you more legal options than an individual law firm could provide. A national asbestos law firm's resources will offer victims a better chance of winning substantial compensation.

Preparing for the trial

Asbestos, a highly toxic mineral is employed in industrial tasks for a long time. Workers exposed to asbestos in the construction, shipbuilding and automobile manufacturing industries, among others, suffer from serious diseases such as mesothelioma (lung cancer) asbestosis, the pleural effusion (inflammation of the lung's lining). If you've been identified with a condition that is related to asbestos exposure, you are entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.

A mesothelioma lawyer can assist you in filing a personal injury or wrongful death lawsuit against the companies who are accountable for your exposure. A mesothelioma lawsuit permits you to claim financial compensation for medical expenses as well as lost wages or income, pain and discomfort, emotional distress, etc.

State statutes of limitation differ for personal injury and wrongful deaths lawsuits. You'll need a knowledgeable mesothelioma lawyer in order to ensure you don't miss your deadline for filing claims.

Once the legal process has begun your lawyer will begin working on your behalf to gather and investigate evidence. They will conduct an interview with you and any former landowners, employers or any other persons involved in your exposure to asbestos. They will also research the details of your situation to determine where, how you were exposed, and the time at which you have been exposed.

Most asbestos cases are handled on a contingency fee basis. This means that your attorney will receive a proportion of whatever compensation you receive. Your attorney will also cover all costs associated with your case in the event that you win a judgment or settlement and they collect their fees from the winner.

If you and your asbestos lawyer cannot come to an agreement on a contingent payment you may choose to hire a different firm. The attorneys of the second law firm will need to sign a contract that divides the work and costs.

Usually, mesothelioma sufferers and their families are awarded compensation after obtaining the verdict of a jury in favor of the plaintiff. Many asbestos lawsuits are settled out of court. On average, asbestos lawsuits that reach a successful outcome pay out between $1 million and $1.4 million to the victims.

Going to Trial

Asbestos attorneys can assist their clients receive compensation for their injuries by getting a settlement or winning a court. Compensation is contingent on many factors, including the amount of time and type of asbestos exposure, as well as the severity of the symptoms. Asbestos Claim lawsuit compensation may include damages for physical suffering and suffering loss of income as well as future earnings, medical expenses, and household expenses like childcare, transportation and housekeeping.

A lawsuit against asbestos can also result in compensation for deaths that were wrongful as well as money to pay for funeral expenses and other costs associated with the death of loved relatives. In addition family members could be entitled to compensation for the emotional trauma and grief triggered by the passing of a loved one.

Attorneys with experience in asbestos litigation are able to help patients suffering from mesothelioma lung cancer and other asbestos-related diseases seek compensation from responsible asbestos manufacturers. In addition, mesothelioma lawyers could help with filing claims using trust funds set up by asbestos companies that have gone into bankruptcy.

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

In the event of filing an asbestos lawsuit the mesothelioma attorney representing the plaintiff must determine the asbestos manufacturer and asbestos product involved in the case. A knowledgeable attorney will then conduct an exhaustive investigation of every asbestos product and asbestos manufacturer to ensure that the case contains all the facts.

For decades, mesothelioma attorneys at Belluck & Fox have held negligent asbestos producers accountable for the hardworking people exposed to the dangerous substance. Through the years they have been able to secure more than one billion dollars in compensation for their clients. The firm has secured notable verdicts, including a $22 million award to a Navy veteran diagnosed with mesothelioma during the repair of boilers on ships. They also won an $8million verdict for a construction worker who passed away after being exposed to asbestos in joint sealing compounds in a Manhattan skyscraper.