Why You Need an Asbestos Lawsuit Attorney
The best asbestos attorneys have years of experience with nationwide firms, and a record of settling large settlements. They also have the capacity to fight aggressively for clients.
Asbestos claims are different from other personal injury claims. Asbestos cases involve a variety of manufacturers - many of whom are now bankrupt, and require specific medical and forensic expertise.
Expert Medical Testimony
Many people suffering from asbestos-related diseases have been exposed to the material for a long time, sometimes as many as 30 years. This exposure is often the cause of mesothelioma, a painful and fatal cancer that develops in the internal organs' linings, like the lungs or stomach. Mesothelioma symptoms may include shortness of breath, coughing, abdominal pain, chest discomfort, weight loss and fatigue, in addition to an impaired immune system and circulation and heart problems.
If a mesothelioma suit is filed, lawyers must have access to experts that can provide medical evidence regarding the severity of the victim's exposure and the nature of their condition. Lawyers need to be able to consult an economist who can estimate the costs of past, present and future medical expenses, lost wages, and other damages.
The most experienced mesothelioma lawyers know how to locate the most qualified medical and economic experts, and how to present their testimony in a way to convince the jury that a victim has suffered. An experienced attorney can build an argument that is strong and will result in the highest possible settlement or verdict for their client.
A mesothelioma law firm can also conduct an investigation into your exposure to asbestos and how that may have led to the asbestos-related disease you have suffered from. They will look over your medical and employment records as well as your exposure history. They will also speak to witnesses. They will also find experts witnesses when needed.
A free consultation will be given by an asbestos lawyer. During this meeting, the victims should be comfortable asking questions and discussing their medical and employment histories in detail. A seasoned lawyer will be able answer any questions about how to make a claim or file a lawsuit against the responsible companies. The lawyer will also discuss their fee structure. They generally be on a contingent basis and only be paid if they win a mesothelioma verdict or settlement. This means that a victim will pay for an attorney only when they are able to secure an appropriate settlement or verdict.
Access to Trust Funds
A mesothelioma attorney can help asbestos sufferers receive compensation through trusts and other legal recourse. At present, more than $30 billion is obtainable in asbestos bankruptcy trusts to compensate patients diagnosed with mesothelioma as well as other asbestos-related illnesses.
When companies that manufacture asbestos-based products declare bankruptcy, they must create an asbestos trust according to the U.S. court system's rules. Once a trust is established the trust must offer an estimate of future claims. This will ensure that the trust is large enough to cover current and future asbestos-related illnesses.
An experienced attorney can identify the asbestos lawyers trust a client should file with and assist with filing their claim on time. They can also explain how to obtain an individual asbestos review or a liquidation proceeding. These are different from the expedited trust review.
Trust fund payouts are calculated by using percentages of payment. Asbestos victims might only receive a fraction of the total value of their claim because asbestos lawyers trusts need to make sure that there is enough money to cover future claims.
Mesothelioma sufferers can file claims with multiple asbestos trusts. They can also sue the negligent asbestos manufacturers who are responsible for their exposure to asbestos or the loss of a loved one from mesothelioma.
Asbestos litigation can be complicated and can take several years for the victim to get a settlement or a verdict. An attorney can help clients to understand their legal options and bring a lawsuit on their behalf. If a mesothelioma suit is not feasible, an attorney can help victims receive compensation through the Department of Veterans Affairs or mesothelioma trusts. They can also help families recover funeral expenses and other damages resulting from wrongful death.
Filing a Claim with the Right State
Attorneys who file lawsuits against those who are responsible for exposing victims to asbestos must adhere to specific laws in each state. A mesothelioma lawyer will help ensure that claims are filed according to the right laws and in the appropriate jurisdiction to maximize the amount of compensation.
The type of claim you file will also have an important impact on the amount of compensation you could receive. A standard personal injury lawsuit could cover medical expenses, lost wages and property damage, whereas an action for wrongful death could include funeral costs, loss of companionship and other costs arising from the loss of loved ones.
A mesothelioma attorney who is skilled in this complicated field has the expertise, experience, and the resources to help you obtain the compensation you deserve. Many mesothelioma attorneys are part of national firms that handle cases across the country. They can also help determine whether workers compensation is the best option for your situation.
Asbestos lawsuits must satisfy specific legal requirements and involve multiple entities including mining companies, asbestos product manufacturers and distributors, and asbestos insurance brokers. Certain asbestos-related companies were bankrupt and set up bankruptcy trusts to handle victims' claims.
An experienced mesothelioma lawyer will have access to these databases and can help with filing bankruptcy claims. They can also look over the evidence required for a successful compensation claim and explain how it fares against the typical personal injury or wrongful death lawsuit.
Mesothelioma patients and their families need to know that their lawsuits will be dealt with appropriately. The right mesothelioma lawyers will be experienced in every aspect of pursuing a legal case that includes conducting thorough investigations and depositions, arguing in court and reaching the settlement or verdict.
Most asbestos-related illnesses are diagnosed after a person has already passed away and this makes it more difficult to gather the same amount of evidence that would be available to living plaintiffs. A mesothelioma lawsuit may cover funeral expenses as well as lost income and other financial losses. But without a living plaintiff who can provide evidence of their exposure to asbestos or work and workplace exposure, it's often harder to receive the amount of compensation you require.
Negotiating a Settlement or Litigating in Court
In a lot of asbestos cases, the victims are offered a settlement, rather than going to court. Companies that are sued create trust funds to settle victims' claims. Your lawyer will assist you determine whether trusts apply to your particular situation and assist you in filing a claim for access to these funds. They will also negotiate on your behalf in order to get the maximum compensation for you.
A large part of the negotiation process involves gathering evidence. This includes medical records and other documentation of your condition, as well as work history. Your lawyer will talk to co-workers, union representatives and other people who may be able to provide information about your possible exposure to asbestos. They will also conduct a thorough investigation into which companies may have exposed you to asbestos and why that exposure caused your illness.
If the defendants are not willing to settle, your asbestos attorney will bring them to court. They will provide the same evidence as they would in a settlement negotiation. In a trial, however the jury will decide how much liability each company carries and may award higher damages than in a settlement.
It is crucial for victims to accept an offer that is fair from a business in order to avoid the lengthy, costly legal process of taking them to court. However, if you feel that the offer is not fair, your attorney will negotiate to secure more money.
An experienced New York asbestos attorney can ensure that you receive the maximum compensation for your medical bills, lost wages, suffering, and other expenses. A reputable firm has an entire team of doctors and investigators who can assist you in every aspect of your case.
Dreyer Boyajian LLP is a New York law firm that has achieved multimillion-dollar results in asbestos and mesothelioma lawsuits. Their attorneys have combined more than 75 years in litigating complex cases involving risky exposures. They have received accolades from top legal organizations, such as Super Lawyers and Martindale Hubbell. They are able to provide a no-cost case review and discuss the benefits of seeking compensation through an asbestos attorneys lawsuit.