Why You Need an Asbestos Lawsuit Attorney
A personal injury lawyer who specializes in other types of cases may not have the experience to deal with mesothelioma cases. These cases involve several asbestos manufacturers and complex financial issues.
A Mesothelioma lawyer will know the advantages and disadvantages of pursuing trial resolution over settlement. They will also appreciate ongoing client input and respect their decision on what is best for their legal best interests.
Expert Medical Testimony
A seasoned asbestos lawyer will hire expert witnesses to testify for you, relying upon their clinical and academic expertise. They could be toxicologists, pulmonologists, environmental scientists or epidemiologists. Toxicologists study the effects of chemicals on living organisms, such as humans. They are in a position to determine and analyze the extent to which exposure of an individual to toxic substances caused the illness. The pulmonologist can testify about breathing issues that may result from exposure to asbestos. They can be able to identify breathing problems such as shortness of breath chest pains, persistent coughing. Asbestosis is yet another health issue that can be caused by the inhalation of asbestos fibers and usually causes a tightening of the lungs and the scarring of lung tissue. An epidemiologist is a specialist in identifying patterns among health problems. For instance an epidemiologist can testify that those who worked in factories where asbestos-related materials were manufactured had a higher risk of developing mesothelioma or other illnesses.
A lawyer will also conduct a thorough investigation to determine which companies are accountable for your health and exposure to asbestos. This includes locating work and medical records and contact former coworkers to get more information. In the event of the loss of a loved one it could be necessary to conduct additional research, like contacting hospitals and funeral homes.
In New York, asbestos-related diseases sufferers have three years to file suit from the date they were diagnosed. An experienced attorney can assist you in understanding your rights as a legal person and file your claim in time.
In addition to filing the lawsuit, an asbestos attorney can help in obtaining compensation from defendants. Compensation can pay for funeral costs, lost income and other expenses incurred due to an asbestos-related illness. Contact an asbestos lawyer to start your case when you or someone in your family has been diagnosed with asbestosis, mesothelioma or any other asbestos-related condition. The lawyers at VBK Asbestos Injury Law have more than 30 years of collective experience and have secured more than $1 billion for victims of asbestos-related illnesses and injuries. Attorney Joseph D. Satterley has committed his career to helping asbestos victims and is dedicated to fighting for fair compensation for those who have been injured by negligent asbestos manufacturers.
Occupational Exposure
Asbestos was a major industrial building material used for repairs and construction until the late 1970s. It was known to be tough and robust, and also sound-proof, fireproof and cost-effective. The manufacturers of asbestos-containing materials kept the information secret however, to workers and other people exposed to asbestos could cause fatal diseases like mesothelioma, lung cancer, and so on.
Asbestos lawyers can assist you to determine if you've been exposed to asbestos while at work. They will begin by looking over your work history to identify possible sources and locations of exposure. Asbestos can remain dormant for many decades before it causes a condition such as mesothelioma, or other respiratory diseases. An experienced lawyer can assist you with the type of evidence that is usually impossible or very expensive for patients to acquire on their own.
If you or someone you love has an asbestos-related condition, an experienced lawyer can help determine the legal options available to you for seeking compensation from the parties responsible. A majority of cases involve filing a personal injury or wrongful death lawsuit against a variety of defendants.
A competent lawyer will be well-versed in the complicated process of litigating in court, including depositions, witness interviews and other discovery activities. They should also be able to recognize when a defendant is asking for information to which they are not entitled to or has made procedural mistakes that could hurt your case.
Patients suffering from mesothelioma and other asbestos-related diseases are often eligible for compensation. This is because dozens of asbestos-related companies have put their health and safety in danger. Compensation can cover medical bills funeral expenses loss of income, and more.
New York residents who have been diagnosed with an asbestos-related condition should contact an experienced mesothelioma law firm as soon as they can. New York City is home to local firms such as Weitz & Luxenberg Cooney & Conway and Simmons Hanly Conroy. In addition, asbestos firms nationwide are able to represent clients throughout the United States and have access to a network of experts across the nation. The representatives of these firms can travel to meet with victims and are often able to waive travel costs.
Identifying the Defendant
When patients file mesothelioma lawsuits they must make an argument based on law that demonstrates the defendant's liability for their injuries. Liability can be established using various legal theories that include negligence, strict liability and breach of warranty. A lawyer can determine which theory of law is the most appropriate for a specific victim's situation based on the underlying facts.
An experienced attorney can pinpoint the companies responsible for a person's asbestos exposure through an extensive investigation of their work history as well as the types of asbestos-containing products they were exposed to. Attorneys can also gather medical records and connect with their asbestos experts' networks.
A person could come in contact with multiple companies as these manufacturers work on a variety of sites including commercial buildings, power plants, refineries, military bases etc. In addition, many of these companies were acquired and sold over the years. In the event of this, a lawyer can investigate the successor and buyer to determine if either is also liable for injuries sustained by a victim.
After identifying the defendants, a lawyer will prepare a defense for them and schedule depositions. They may last for several days, as attorneys for the defendants interview plaintiffs. A mesothelioma attorney can help victims prepare for a deposition by describing what to expect and how to respond to questions from the defense.
The majority of mesothelioma cases are brought as a class action since it is difficult for victims to prove which asbestos-related companies were responsible for their injuries. The U.S. Supreme Court rejected many class actions settlements and courts are now able to hear mesothelioma cases as mass torts or in individual.
If a mesothelioma suit is successful, patients will be compensated for their financial losses. They can seek damages for medical expenses, lost income, and more. These damages can be used to pay the costs of treatment, funeral expenses and travel expenses to treatment centers, and much more. A mesothelioma attorney will fight to ensure that patients receive the treatment they require.
Filing the Case
While the medical aspect of a mesothelioma claim is straightforward, it is difficult to prove exposure to asbestos attorneys. Many people are not aware they've been exposed to asbestos until a few years after, when symptoms begin to show up. To find out how they might have been exposed to asbestos, victims can seek the assistance of a mesothelioma lawyer to assist them in filing a suit against their employer.
Most lawsuits are filed when individuals suffer from an asbestos-related disease. These lawsuits can lead to large amounts of settlements for damages like medical bills and lost wages, property losses and other losses. The amount of compensation can vary depending on factors like the person's age, prognosis and life expectancy and other factors.
Asbestos lawsuits are filed against companies that manufacture or employ asbestos, companies who install or remove asbestos and even schools and bases for military that use asbestos as a material. Certain claims are filed on behalf of multiple victims, which is known as a class action suit, although class actions involving mesothelioma have become more rare than they once were.
Some states have statutes of limitations that limit the length of time the victim must file an asbestos lawsuit. In mesothelioma cases, this can range between one and five years from the date of diagnosis or discovery. Mesothelioma patients and their families may also seek compensation from asbestos trust funds that have taken on some of the original asbestos manufacturers' liabilities.
A Washington DC asbestos lawyer will know how to investigate the case, what kind of legal claim is appropriate for the particular situation, and what defendants the client should think about seeking compensation from. A general personal injury lawyer who isn't specialized in asbestos litigation may not consider looking for other ways that asbestos victims can access compensation, like veterans benefits or asbestos trust fund claims. A mesothelioma attorney who has experience can assist their client, which will save them time and resources they could use elsewhere. In some cases, it can mean the difference between a victim receiving a full and adequate compensation for mesothelioma or other asbestos-related diseases.