"Ask Me Anything," 10 Answers To Your Questions About Asbestos Law (2024)

An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases

An experienced asbestos lawyer can aid victims of asbestos-related diseases. They include asbestosis, mesothelioma and lung cancer.

Many firms offer free mesothelioma patients with case reviews. This allows you to find out how a company handles these claims and determine if they’re the right fit for your.

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

The history of asbestos law suits

Asbestos is a hazard naturally occurring mineral used to create insulation and fire resistance. It was utilized for a long time in New York, as well as other regions of the nation, in manufacturing, industrial and commercial environments. Workers in a variety of places, like shipyards, power stations and textile mills, were regularly exposed to asbestos. Some of these workers developed mesothelioma and other lung diseases that were directly related to their exposure to asbestos. The affected individuals should seek out an skilled New York mesothelioma attorney to ensure they receive the compensation they deserve.

As the first lawsuits were filed in the late 1960s, researchers confirmed what people had suspected — that exposure causes lung damage and diseases. This information triggered a wave of lawsuits that led to dozens of asbestos companies to declare bankruptcy. In the course of bankruptcy proceedings, these companies established asbestos trust funds to compensate victims and their families. The amount that was deposited to these trusts is currently in the hundreds of millions of dollars.

While Congress has attempted to pass legislation that would end the asbestos litigation process these bills have been unable to pass due to various reasons. For example they did not discuss the treatment options for mesothelioma patients who have recurrences of their disease or who have passed away.

The asbestos defense industry has also been a hindrance in its efforts to debunk the scientific consensus that asbestos even in low amounts can cause mesothelioma and lung cancer. These campaigns include obtaining funding and publishing articles that are intended to support the asbestos industry’s arguments in court.

To accelerate the process to speed up the process, individual cases can be consolidated 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 can appeal a verdict between 30 and 180 days. This could delay any financial award. Based on the outcome of the appeal, a defendant could be required to make a bail for any monetary award received.

Making a Claim

An asbestos lawyer can assist families and individuals file various kinds of asbestos claims. These claims could be for compensation for funeral expenses, medical expenses loss of income, loss in consortium in consortium, pain and suffering and other damages. They can also sue companies that exposed asbestos workers. They can also help veterans to 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 and determine if you have legal options. They will explain the various legal processes and answer any questions you might have. They are able to travel to your office, home or hospital to meet with you for a consultation. They work on a contingent basis, which means that you won’t have to pay any upfront legal costs.

If a client employs an asbestos attorney they must ensure that the lawsuit is filed within the applicable deadline. Most states require victims to submit a lawsuit against asbestos within a couple of years of being diagnosed with mesothelioma, lung cancer, or an asbestos-related illness. It can be difficult to determine the date a person was exposed to asbestos, as the symptoms are not likely to show up until years after exposure. An experienced asbestos lawyer can assist clients to navigate the specific laws of their state and ensure that the suit is filed in time.

After filing the complaint, mesothelioma lawyers will collect evidence to prove your claim, which could include company records as well as interviews with family members. They may also request documents from asbestos-related companies in order to show negligence.

An experienced asbestos attorney can also help you file the wrongful-death suit when a loved one passed away due to mesothelioma and other asbestos-related diseases. In a case for the wrongful death of a loved one, survivors can seek compensation to help with emotional pain, funeral expenses and loss of companionship. They can also seek punitive damages against asbestos companies.

A good asbestos lawyer has the capacity to quickly access documents from different states or asbestos companies and can provide you with more legal options than local law firms. The resources offered by an asbestos law firm can also give victims a much better chance at winning substantial compensation.

Prepare for Trial

Asbestos, which is a highly toxic mineral, has been employed in industrial tasks for many years. Workers exposed to asbestos in the construction, shipbuilding and automotive manufacturing industries, among others, often suffer from serious diseases such as mesothelioma (lung cancer), asbestosis or the pleural effusion (inflammation of the lining of your lungs). If you’ve been diagnosed with a disease due 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 suit allows you to seek financial compensation for medical expenses, loss of earnings as well as pain and suffering emotional distress, and other damages.

State statutes of limitations vary for personal injury and wrongful deaths lawsuits. It is essential to hire a mesothelioma lawyer in order to ensure that you do not miss the deadline to file claims.

When the legal process starts your lawyer will begin working on your behalf to conduct an investigation and gather evidence. They will interview you and any former landowners, employers or any other persons involved in your exposure to asbestos. They will also review the details of your case in order to determine how the location, when, and where you were exposed.

The majority of asbestos cases are handled on a contingency basis, meaning that the attorney will receive an amount of the compensation you receive as a representation. Your attorney will cover the entire cost of your case. If you win, they will be paid by the winning party.

If you and your asbestos attorney can’t agree on a contingency fee, you can hire another firm. However, the attorneys of the second firm must sign a contract that shares the work and fees.

In most cases, compensation is granted to mesothelioma patients and their family members when a jury is found in their favor. However, many asbestos lawsuits settle outside of court. On average asbestos lawsuits that get the desired conclusion pay between $1 million and $1.4 million to the victims.

Going to Trial

Asbestos lawyers can assist their client get compensation by either winning or settling a case. Compensation is contingent on many aspects, including the duration of time and type of asbestos exposure and severity of symptoms. Asbestos lawsuits may award damages for physical suffering and pain loss of income, future earnings, medical expenses, and household expenses such as childcare transportation, housekeeping and childcare.

Compensation for wrongful death claims can also be obtained through an asbestos lawsuit which provides money to pay funeral costs as well as other expenses associated with the loss of a loved one. Families could also be entitled to compensation as a result of the emotional trauma that is caused by the death of the loss of a loved one.

Lawyers who have experience in asbestos litigation can help patients suffering from mesothelioma lung cancer, and other asbestos-related diseases seek compensation from responsible asbestos producers. Mesothelioma lawyers can help to file claims using trust funds established by asbestos companies who went bankrupt.

It is sometimes difficult to determine who is accountable for an asbestos-related disease due to the long time between exposure and the onset of symptoms. In addition, evidence may disappear or be destroyed 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 lawyer representing the plaintiff must determine the asbestos manufacturer and asbestos product relevant to the claim. An experienced attorney will conduct an exhaustive investigation of every asbestos product and asbestos manufacturer to ensure that the case is complete with all facts.

For decades, mesothelioma attorneys at Belluck & Fox have held negligent asbestos manufacturers accountable for the countless 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 won significant verdicts, such as a $22 million award for an Navy veteran who contracted mesothelioma while repairing boilers on ships. There was also an $8 million verdict for an employee of a construction firm who died from asbestos exposure joint-sealing materials at a Manhattan high rise.

"Ask Me Anything," 10 Answers To Your Questions About Asbestos Law (2024)
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