Why You Need an Asbestos Lawsuit Attorney
The most experienced asbestos lawsuits lawyers have years of experience in national firms and a track record of settling large settlements. They have the resources necessary to fight for their clients.
Asbestos claims are different from other personal injury claims. Asbestos cases involve multiple manufacturers – many of whom are now bankrupt, and require specialized medical and forensic knowledge.
Expert Medical Testimony
Many people diagnosed with asbestos-related diseases have been exposed to the material for a long period of time, often as long as 30 years. This exposure is often the cause of mesothelioma which is a painful and fatal cancer that develops in the lining of internal organs such as the lungs and stomach. Mesothelioma symptoms include shortness of breath as well as abdominal pain, coughing, chest discomfort as well as fatigue, weight loss and fatigue, in addition to a compromised immune system and circulatory and heart issues.
If a mesothelioma suit is filed, lawyers need to have access to experts who can provide medical evidence about the extent of a victim’s exposure and the extent of their disease. Lawyers must be able to consult with an economist who can estimate the amount of past, present and future medical costs including lost wages, other damages.
The best mesothelioma lawyers understand how to locate the right experts in the field of medicine and economics and how to put their evidence together in a manner that convinces jurors of the pain and suffering a victim endures. An experienced attorney can build a strong case that will result in the largest possible settlement or verdict for their client.
A mesothelioma lawyer firm will also conduct an investigation into your exposure to asbestos and the way it could have contributed to your asbestos-related illness. They will study your exposure history, review work and medical records and talk to witnesses. They will also talk to experts if needed.
An asbestos attorney will discuss your case in a free initial consultation. During this consultation, victims should be comfortable asking questions and discussing their medical and employment histories in detail. A seasoned lawyer will be able to answer any questions about how to make a claim or file a lawsuit against the responsible companies. The lawyer will explain their fee structure as well. In general, they work on a contingency basis and only pay when they are successful in securing a mesothelioma lawsuit settlement or verdict. This means that a victim will pay for an attorney only when they have been able to obtain a fair settlement or judgment.
Access to Trust Funds
A mesothelioma lawyer can assist asbestos victims receive compensation through trust funds as well as other forms of legal recourse. At present, more than $30 billion is available in asbestos bankruptcy trusts to compensate those diagnosed with mesothelioma and other asbestos-related illnesses.
When companies that produce asbestos-based products declare bankruptcy they must set up an asbestos trust in accordance with the U.S. court system’s rules. Once a trust has been established the trust has to provide an estimate of future claims. This ensures that the trust will be sufficient to pay the future and present asbestos-related illness.
An experienced attorney can determine the asbestos trust a client should file with and help with filing their claim in a timely manner. They can also explain how to get an individual asbestos review or liquidation process. They differ from the expedited trust review.
Trust fund payouts are calculated using payment percentages. Asbestos victims may only receive a small percentage of their total claim’s value since asbestos trusts have to ensure that they have enough funds to cover all future claims.
Mesothelioma victims have the option of filing claims with several asbestos trusts. They can also sue the negligent asbestos producers who are accountable for their exposure to asbestos or the death of a loved one from mesothelioma.
Asbestos litigation is often complicated and can take many years for a victim to receive a settlement or verdict. An attorney can help clients know their options for legal recourse and may bring a lawsuit on their behalf. If a mesothelioma suit not possible an attorney can help victims receive compensation through the Department of Veterans Affairs and mesothelioma funding. They can also assist families pay for funeral expenses and other damages resulting from wrongful death.
Filing a Claim in the Right State
When asbestos attorneys sue the responsible parties for exposing people to the deadly mineral, they have to adhere to specific laws in each state. A mesothelioma lawyer will help ensure that claims are filed according to the right laws and within the proper location to maximize the amount of compensation.
The kind of claim you’ll need to pursue has an impact on the types of damages you could receive. A typical personal injury lawsuit could cover medical expenses as well as lost wages and damages to property, whereas the wrongful death lawsuit can include funeral expenses and loss of companionship, among other costs arising from the loss of loved ones.
A mesothelioma lawyer that specializes in this field has the knowledge, experience and network of resources to help you get the amount of compensation you are entitled to. Many mesothelioma attorneys are part of national firms that handle cases throughout the nation. They can also assist you to determine whether or not workers compensation is the best option for your case.
Asbestos suits have to meet specific legal requirements, and include multiple parties, including asbestos mining companies asbestos product producers, asbestos insurance brokers and asbestos insurance brokerage firms. Certain asbestos-related companies have gone bankrupt and established bankruptcy trusts to pay victims.
A mesothelioma lawyer with experience will have access to these databases and can help in filing bankruptcy claims. They can also go over the evidence needed to make a successful compensation claim, and explain how it fares against the typical personal injury or wrongful death lawsuit.
Mesothelioma patients and their families should be aware that their lawsuits will be handled correctly. The right mesothelioma law firms will be experienced in every aspect of pursuing legal cases which includes conducting thorough investigations, taking depositions, argument in court, and negotiating an agreement or a verdict.
The majority of asbestos-related illnesses are discovered after the death of a patient, making it difficult to collect evidence as if the plaintiff was still alive. Winning a mesothelioma lawsuit will pay for funeral expenses, income loss and other financial loss, but without a living plaintiff to give testimony about their work environments or experiences with asbestos it’s more difficult to obtain the compensation the people require.
Negotiating a Settlement or suing in Court
In many asbestos cases the victims are offered a settlement rather than going to court. Companies that are sued establish trust funds to pay victims’ claims. Your attorney will determine if trusts could be applicable to your case and help you submit a claim to access these funds. They will also work with you to receive the highest amount of compensation.
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 accept a settlement, your asbestos lawyer will take the defendants to the court. They will provide the same evidence as they would in a settlement negotiation. In a trial, the jury will decide the amount of liability each company bears and may be able to award greater damages than a settlement.
It is important for victims to accept a fair offer from a business in order to avoid the lengthy, costly legal process of taking them to court. If you feel an offer isn’t fair, however, your lawyer will negotiate with the company to get you more.
A seasoned New York asbestos lawyer can ensure that you receive the highest amount of compensation for medical expenses, lost wages, pain, suffering, and other expenses. A reputable firm has an entire team of doctors and investigators who can assist you in all aspects of your case.
Dreyer Boyajian LLP, a New York-based law firm, has won multimillion dollar verdicts in asbestos attorneys and mesothelioma cases. Their lawyers have more than 75 years of experience handling complex litigation that involves dangerous exposures. They have been awarded acclaim from the top legal organizations, including Super Lawyers and Martindale Hubbell. They can offer a free case review and explain the advantages of seeking compensation through an asbestos lawsuit.