25 Surprising Facts About Asbestos Lawyers
Asbestos Lawyers
Asbestos lawyers know how to use evidence such as medical records and other documents from the workplace to create strong arguments. These types of documents are usually difficult to locate without an asbestos law firm's resources.
A seasoned asbestos lawyer can help victims decide on whether to file a suit, trust fund claim, or claim for veterans benefits. They can also provide the benefits and disadvantages of each option.
Occupational Exposure
Asbestos exposure is commonplace in workplaces. Workers in industrial settings like textile mills and power plants are at greater risk of exposure to asbestos and developing asbestos-related illnesses. Asbestos lawyers aid the families of asbestos workers to seek compensation for their suffering.
The risk of exposure to secondhand asbestos is higher for those who don't work with asbestos. This is more frequent for family members of those who work with it because asbestos fibers are able to get on clothing and other items, causing them to be inhaled later. Individuals who have been diagnosed with asbestos-related diseases like mesothelioma or lung cancer may seek compensation from the companies who manufactured and sold the products used to expose them to asbestos.
There are several types of asbestos lawsuits, which include claims for personal injury, product liability and wrongful death. The kind of lawsuit that a person will file depends on how and the location they were exposed. If an individual was exposed at a school constructed or owned by an asbestos-related company or company, they may bring a premises liability lawsuit against the company.
A New York mesothelioma attorney can help patients determine the type of lawsuit they would like to pursue. In general, New York statutes of limitations allow victims to file for three years from when they are diagnosed to file a asbestos lawsuit. For victims of wrongful death, they have two years to file their lawsuit for wrongful death.
In cases of occupational exposure, victims can sue companies who sold them asbestos-containing products as well as those that negligently handled and installed the products. Some of these companies filed for bankruptcy, which resulted in large settlements to workers who contracted asbestos attorney-related illnesses and mesothelioma.
Asbestos victims can also claim compensation through an asbestos trust fund. It is a pooled amount of money set aside by companies to pay for medical expenses related to asbestos and other expenses. New York law allows for the establishment of these funds to compensate asbestos victims that do not have the money to pursue legal claims.
Non-Industrial Exposure
Asbestos lawyers represent clients who have developed asbestos-related ailments due to non-occupational exposure the hazardous mineral. These cases are more difficult to prove but victims and their families can still receive compensation. People who are exposed to asbestos in their workplaces can develop mesothelioma or other illnesses that require costly medical care and result in suffering and pain. A New York asbestos attorney can assist victims to file a lawsuit against the businesses or individuals who are responsible for their exposure.
Asbestos is a mineral naturally occurring that is found in a variety of forms on the earth. It is a fibrous material that can be broken down into fine, strong threads. It is resistant to corrosion and heat and is also flame-resistant. Asbestos was extensively used as an electrical and thermal insulation material. However, it was discovered that asbestos may cause serious health conditions such as mesothelioma.
Mesothelioma and other similar diseases, are more common for those who work in industrial environments. Shipyard workers, for example, were exposed to asbestos while they cleaned and repaired the ships that entered the shipyard for maintenance or repair. Workers in auto garages or car dealerships were also at risk because they frequently handled clutch faces brake shoes, linings, and other components that contained asbestos. People who lived near asbestos factories were also more susceptible to these types of diseases.
These occupations are only a few of the many occupations which put people at risk for asbestos-related health problems. Many of the diseases associated with asbestos take decades to manifest, therefore people who were exposed to it in these work environments are currently suffering from symptoms and seeking compensation.
Asbestos lawyers can help victims file various types of lawsuits. They may be able to file a claim for personal injury or premises liability according to the place and method by which they were exposed. They may file a wrongful death suit against the party responsible if they died as a result of mesothelioma or other asbestos-related illnesses. They may also bring a product liability suit against the manufacturer of asbestos-containing products or chemicals they were exposed to.
Statute of limitations
A statute of limitation is a law that sets a maximum time limit for filing a lawsuit. Before the deadline runs out asbestos victims must consult an experienced attorney to safeguard their rights to compensation. Asbestos lawsuits are classified into two categories that are personal injury claims and cases of wrongful death. Each state has its own statute of limitations that governs these types of cases. A New York mesothelioma lawyer can help you understand the laws of your state and how they relate to your case.
Asbestos lawsuits typically involve a variety of factors that could affect the statute of limitations including the date of diagnosis or death. Mesothelioma can not be diagnosed until decades after an initial exposure. Many people are unaware that they have asbestos-related illnesses until their doctor diagnoses mesothelioma. Some states also have special rules that allow the statute of limitation to start the day following the diagnosis or death of a loved-one instead of the date of exposure.
The place of the victim's residence or work place could be a factor in the time frame for their asbestos lawsuit. The mesothelioma lawsuit can be filed in several states if asbestos was discovered in more than one place. This is particularly true if a person worked in several industries, including repair of shipyards repairs, heating systems repair, construction, as well as the Navy.
Mesothelioma lawyers are knowledgeable about these laws and can determine the best course of action for each client's particular situation. They can help with the process of pursuing an asbestos lawsuit or a claim through an asbestos trust fund.
An asbestos lawyer may also explain other legal options for those who have been exposed to asbestos, such as workers compensation or private insurance. In some cases the amount of compensation resulting from a workers' compensation claim might not be enough to completely cover a patient's losses. Victims could also be eligible to receive compensation through an asbestos trust. Veterans who have been identified as having an asbestos-related condition could also be eligible for VA health care and military benefits.
Compensation
In many cases, victims of asbestos-related diseases can receive compensation for their losses. This compensation can include the amount of pain and suffering loss of quality of life, medical expenses, travel costs as well as loss of income home care costs, funeral and burial expenses for loved ones who passed away due to an asbestos-related illness, as well as other financial and non-financial damages.
Asbestos lawyers can assist their clients obtain compensation from various sources. They can make a personal injury or wrongful death suit against the defendants accountable for their client's exposure, file an action against a trust fund or explore other avenues to recover. The lawyers of a reputable asbestos law firm will have the expertise and resources to effectively litigate these claims.
Mesothelioma patients and their families require complete legal assistance, so they don't have to worry about filing papers or navigating the complicated laws on their own. An experienced mesothelioma lawyer will take care of every aspect of the case, which includes preparing for trial and negotiating with insurers to get them the most favorable settlement.
An experienced attorney has access to medical records and employment history and asbestos product testing results and witness statements. This information can help create a strong case for the victim and their family.
Attorneys at an asbestos law firm with experience have a proven track of success, generating hundreds of millions of dollars for victims and their family members. They also have raised awareness of asbestos-related illnesses.
An asbestos lawyer in New York can help you understand the options available and rights you have to recover compensation. Lawyers who offer free consultations and work on a contingent fee basis are often able to meet with New York asbestos victims at their homes or the workplace.
The asbestos lawyers at Weitz & Luxenberg have represented clients all over the globe and across the country. The firm has recovered hundreds of millions of dollars on behalf of victims of mesothelioma, asbestosis, and other asbestos-related diseases. They are regarded as a leader in the field and were named a Plaintiff's Law Firm of the Year for Product Liability in 2013. They have offices across the country, but are also available to travel wherever you are.