Why You Need an Asbestos Lawsuit Attorney
The best asbestos lawyers have years of experience in large firms across the nation and have a track record of obtaining large settlements. They also have the resources to fight aggressively for clients.
Asbestos cases differ from the majority of personal injury claims. They have multiple manufacturers, some have gone bankrupt, and need specific medical knowledge and the use of forensic evidence.
Expert Medical Testimony
Many people diagnosed with asbestos-related diseases have been exposed to asbestos for a long period of time, sometimes as many as 30 years. The exposure can cause mesothelioma which is a cancerous condition that develops in the internal organs' linings, such as the stomach and lungs. Mesothelioma symptoms may include shortness of breath as well as abdominal pain, coughing, chest discomfort, weight loss and fatigue, in addition to an insufficient immune system as well as circulatory and heart issues.
If a mesothelioma lawsuit is filed lawyers need access to medical experts who can provide evidence about the extent and severity of the patient's exposure. Lawyers should also have access to an economist that can estimate the cost of a patient's past and future medical expenses, lost wages and other damages.
The most skilled mesothelioma lawyers know how to find the most qualified medical and economic experts, and how to present their evidence in a manner that convinces the jury that the victim has suffered. A skilled lawyer can construct a case that will result the highest settlement or verdict that is possible for their client.
A mesothelioma law firm can also conduct an investigation into your exposure to asbestos and how it may be the cause of your asbestos-related illness. They will look over your medical and employment records, as well as your history of exposure. They will also talk to witnesses. They will also search for expert witnesses if necessary.
A free initial consultation will be provided by an asbestos attorney. During this consultation, victims should feel comfortable asking questions and discuss their medical and employment history in depth. An experienced lawyer will be able answer any questions about how to start a lawsuit or claim against the responsible companies. The lawyer will explain their fee structure and. In general, they will 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 if they have secured a fair settlement or judgment.
Access to Trust Funds
A mesothelioma lawyer can help asbestos patients receive compensation through trusts and other legal recourse. Asbestos bankruptcy trusts have more than $30 billion in funds available to pay mesothelioma patients as well as other asbestos-related diseases.
According to the rules of the U.S. courts, companies that manufacture products containing asbestos must create an asbestos trustee when they declare bankruptcy. When a trust is set up the trust must offer an estimate of future claims. This will ensure that the trust is big enough to cover both future and present asbestos-related illnesses.
An experienced lawyer can help determine which asbestos trusts the client should file with and assist them in filing their claim in a timely fashion. They can also explain the process to request an individual asbestos review or a liquidation hearing. These are different than the expedited trust review process.
Trust fund payouts are different depending on the instance however, they are generally calculated using rates or payment percentages. Asbestos victims might only receive a fraction of the value of their claim because asbestos trusts need to ensure that they have enough funds to cover future claims.
Mesothelioma victims can file claims with multiple asbestos trusts. They can also file lawsuits against negligent asbestos manufacturers responsible for their exposure or the death of a loved one from mesothelioma.
Asbestos litigation is complex and can take many years to resolve. An attorney can assist clients know their options for legal recourse and may make a claim on their behalf. If a mesothelioma lawsuit not possible, an attorney can help victims obtain compensation through the Department of Veterans Affairs or mesothelioma trusts. They can assist families in recovering funeral costs as well as other wrongful-death damages.
Filing a Claim in the Right State
Attorneys who file lawsuits against those responsible for exposing victims to asbestos must abide by specific laws in each state. A mesothelioma lawyer can help make sure that claims are filed according to the correct laws and in the proper jurisdiction to maximize the amount of compensation.
The type of claim you pursue will also have a major impact on the amount of compensation you could receive. A typical personal injury lawsuit can be used to cover medical bills, lost wages and damages to property, whereas an action for wrongful death could include funeral costs and loss of companionship, among other expenses resulting from the loss of loved ones.
A mesothelioma lawyer trained in this specialized area has the knowledge of experience, expertise, and a the resources to help you get the compensation you deserve. Many mesothelioma attorneys are part of national firms which handle cases across the nation. They can also help you determine if workers compensation is a suitable alternative for your case.
Asbestos lawsuits must satisfy particular legal requirements and involve multiple entities, including mining companies as well as asbestos product manufacturers and distributors, as well as asbestos insurance brokers. Some asbestos-related businesses have gone bankrupt and established bankruptcy trusts to pay victims.
A mesothelioma lawyer who is experienced will have access to these databases and can assist with filing bankruptcy claims. They can also review the evidence required for an effective compensation claim and explain how it compares to the typical personal injury or wrongful death lawsuit.
Mesothelioma victims and their families must know that their cases are handled correctly. The right mesothelioma law firms will be experienced in all aspects of pursuing a legal case, including conducting thorough investigations, taking depositions, arguing in court and reaching the settlement or verdict.
The majority of asbestos-related ailments are diagnosed after the death of a patient, which makes it difficult to collect evidence as if the plaintiff was still alive. A mesothelioma case can cover funeral costs as well as lost income, among other financial losses. However, without an actual plaintiff who can be able to testify about their asbestos exposure or workplace and workplace exposure, it's often more difficult to obtain the compensation you need.
In the process of negotiating a settlement, or litigating at Court
In many asbestos cases the victims are offered a settlement, rather than going to court. The companies that are sued establish trust funds to pay victims' claims. Your lawyer will assist you determine if trusts are applicable to your case, and assist you in filing a claim for access to these funds. They will also work with you to secure the highest 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.
Your asbestos lawyer will bring the defendants to court if they refuse to agree to a settlement. They will present the same evidence as they would in negotiations for settlement. However, in a asbestos exposure lawsuit settlements trial, jurors will decide how much responsibility each company bears and may decide to award more damages than in the settlement.
It is important for victims to accept an offer that is fair from a company in order to avoid the lengthy, costly legal process of bringing them to court. However, if you feel that an offer is unfair, your attorney will negotiate with you to obtain more money.
A seasoned New York asbestos attorney can ensure that you receive maximum compensation for your medical expenses, lost wages, suffering and other expenses. A reputable firm will have an in-house team of investigators and financial experts who can help you with the various aspects of your case.
Dreyer Boyajian LLP, a New York-based law firm, has won multimillion dollar verdicts in mesothelioma and asbestos cases. Their attorneys have combined experience of more than 75 years litigating complex cases involving risky exposures. They have been awarded acclaim from leading legal organizations, such as Super Lawyers and Martindale Hubbell. They are able to provide a no-cost review of your case, and also discuss the advantages of filing a lawsuit to seek compensation.