why do i need an asbestos lawyer

by Prof. Alexander Kuhlman I 3 min read

Victims of wrongful asbestos exposure can develop serious illnesses such as lung cancer, asbestosis

Asbestosis

A lung disease that develops due to inhalation of asbestos.

, and mesothelioma

Mesothelioma

Cancer that begins in the tissue that lines the lungs, heart, stomach, and other organs.

. They need expert legal help to pursue the compensation they deserve. Specialized asbestos lawyers have the training, experience, and resources to file successful claims that award victims with compensation.

Why Hire an Asbestos Lawyer? There are many levels of asbestos litigation, each one requiring specialized knowledge and resources. From proving wrongful asbestos exposure to filing the lawsuit within specified time limits, it's important to work with a lawyer who is highly experienced.Apr 13, 2022

Full Answer

Why hire a specialized asbestos attorney?

Without the assistance of an attorney specialized in asbestos litigation and their legal team, obtaining proper financial compensation will be extremely difficult and time-consuming, if not nearly impossible. By hiring a good lawyer, your asbestos claim is guaranteed to be approved by the board of trustees who are managing asbestos trust funds.

Why do I need a mesothelioma attorney?

Jul 03, 2021 · Your asbestos lawyer is going to gather information—they’ll collect information on you, your medical history, they’ll help track down products, they’ll help you track down information about asbestos. Your lawyer is going to help you compile documentation that may be otherwise impossible to compile on your own.

What should I expect from an asbestos attorney?

Why need an asbestos cancer lawyer. If you are from the previous generation, you might have realized that the popular use of asbestos and advertisements praising the benefits of asbestos for roofs, ceiling and buildings are no longer around. This is due to the various adverse health effects that asbestos poses on workers directly exposed to this naturally present mineral.

Who are the top asbestos lawyers in America?

Apr 13, 2022 · This national reach is very helpful because: Lawyers can file your asbestos lawsuit in any court system where you’d want your case to go Lawyers can work with other lawyers from across the United States to determine when, where, and how you were exposed to... National firms can afford to fly lawyers ...

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What is asbestos settlement?

In a mesothelioma settlement, manufacturers of asbestos-containing products agree to pay a sum of money to individuals affected by asbestos exposure. This amount is determined through negotiations between both parties' lawyers.Apr 13, 2022

What are asbestos liabilities?

Asbestos liability means a company is legally responsible for injuries resulting from asbestos exposure. If a court finds a company liable for injuries caused by asbestos exposure, the individual who was injured by the asbestos exposure may be able to sue for damages.

Can I sue for asbestos exposure Canada?

Asbestos Lawsuits and Trust Funds for Canadians Patients diagnosed with mesothelioma may file a lawsuit and/or trust fund claim seeking compensation to cover medical bills and other expenses related to the diagnosis.

How do you prove asbestosis?

Asbestosis is usually diagnosed by a careful medical history, exposure history and chest X-ray or CT scan that shows scarring of the lung tissues. This information, along with breathing tests, helps your doctor determine how severe your asbestosis is and how well your lung is functioning.Mar 24, 2020

How do I claim asbestos?

To make a claim, an individual first needs to be diagnosed as suffering from an asbestos related illness such as mesothelioma or asbestosis. As illnesses like these can take decades to develop, it is not as easy to determine a responsible party as it would be say, for a recent road accident or an accident at work.

Do they still mine asbestos in Canada?

The last asbestos mine in Canada closed in 2011, but several industries still use products containing asbestos.Oct 22, 2018

How many people died from asbestos in Canada?

The most recent mortality statistics for mesothelioma are from 2017: 490 Canadians died from mesothelioma. 401 men died from mesothelioma. 89 women died from mesothelioma.

Is asbestos still used?

Its use today is mainly limited to commercial and industrial applications. Federal government regulations require the protection of the health and safety of persons that use materials containing asbestos in their occupations.

Why did asbestos companies file for bankruptcy?

Many manufacturers of asbestos-containing products filed for bankruptcy to avoid paying victims that filed lawsuits against them. But thanks to trust funds, manufacturers are forced to pay money to victims of asbestos-related diseases. An asbestos lawyer can determine which asbestos trust funds you qualify for and file claims with ...

What are the health problems that can be caused by asbestos exposure?

Victims of wrongful asbestos exposure can develop serious illnesses such as lung cancer, asbestosis, and mesothelioma. They need expert legal help to pursue the compensation they deserve. Specialized asbestos lawyers have the training, experience, and resources to file successful claims that award victims with compensation.

How long does it take to file an asbestos claim?

For example, the statutes of limitations in some states require plaintiffs to file a claim within one year of their diagnosis while other states allow several years.

Do you have to settle a lawsuit before a trial?

Most lawsuits are settled out of court (before a trial happens), but your lawyer should prepare your claim as if it will go to trial. This way, if the case does go to trial, a qualified attorney will have paperwork evidence already prepared and experts ready to provide testimony.

Do general lawyers understand asbestos?

General lawyers probably do not understand the asbestos industry as specialized lawyers do. Asbestos lawyers have databases of information related to this industry that they can use to build your case.

Do asbestos lawyers get paid?

Your asbestos lawyer should work on a contingency basis, which means they do not get paid unless they secure compensation for your case. You usually do not have to pay your lawyer any upfront fees if they work on a contingency basis.

Can you sue someone for asbestos exposure?

Yes, provided that there is proof that the victim suffered from an asbestos-related disease after they were exposed. This is known as a wrongful death claim. If someone you loved died from an asbestos-related illness, contact an asbestos lawyer as soon as possible to see if a wrongful death lawsuit can be filed.

What are the best lawyers for mesothelioma?

The best mesothelioma lawyers should have the following qualities: 1 Track Record of Success#N#The mesothelioma lawyer has a proven track record of winning asbestos lawsuits, successful verdicts and recovering large settlements. 2 Years of Experience#N#The lawyer or their mesothelioma law firm shows decades of filing mesothelioma cases, representing patients and families in court, and is well versed in state asbestos laws and federal legislation. 3 Nationwide Availability#N#Mesothelioma lawyers should be able to travel to you when gathering information about a case and have practices in many states. 4 Good Communication Skills#N#You want an attorney who makes you feel comfortable when talking about intimate health and work details as well as answering your questions, so you understand the process. 5 Access to Databases#N#Mesothelioma lawyers can access databases that contain information about companies that used asbestos, manufacturers of asbestos products and other tools not available to other types of attorneys. 6 Knowledgeable About Compensation#N#Knowledgeable About Compensation: A mesothelioma lawyer should explain all the types of potential compensation available to you and your loved ones. Some of the top mesothelioma law firms have on-staff military veterans who help other veterans receive compensation for asbestos-related illnesses through VA claims and legal claims. 7 How do you find a top mesothelioma lawyer?#N#Finding the right mesothelioma lawyer who fits all these qualities is not easy and takes time. Let us help you find the best one and connect you and your loved ones to the most qualified attorney.#N#Find a Top Mesothelioma Lawyer

Who sued Johnson and Johnson?

Talcum powder user Teresa Leavitt was awarded $29.4 million in a 2019 lawsuit against Johnson & Johnson to help cover medical expenses and lost income. Leavitt sued the company claiming she developed mesothelioma using its asbestos-contaminated talcum powder for 20 years. The California jury awarded $5 million of the verdict to her spouse.

What happened to the wife of a race car driver?

In 2017, the wife of a race car driver won a mesothelioma lawsuit in New York against a group of auto-part manufacturers. For years, she had swept the garage where her husband worked with asbestos-containing gaskets, which carried no warnings about health risks from asbestos exposure.

How much did Franklin Finch get paid?

Tire plant worker Franklin Finch was awarded $32.7 million in a 2020 lawsuit that enabled his surviving family to pay medical bills and cover lost wages. He was exposed to asbestos pipe insulation working at a Firestone tire plant in Wilson, North Carolina, for 20 years.

Do mesothelioma lawsuits go to trial?

The vast majority of mesothelioma lawsuits never go to trial. Although a jury verdict may result in a larger reward, mesothelioma settlements are guaranteed compensation and typically a quicker resolution to a case.

What is Cooney and Conway?

Cooney & Conway is a national firm based in Chicago. It has handled mesothelioma and asbestos lawsuits since 1973. The firm has recovered billions of dollars in compensation for its clients, including thousands of million-dollar settlements and numerous multimillion-dollar verdicts.

Who is Galiher DeRobertis?

Galiher DeRobertis & Waxman. Galiher DeRobertis & Waxman has served victims of mesothelioma for more than 35 years, which has allowed the national firm to develop an unparalleled database of evidence against asbestos product manufacturers.

Why Do I Need a Mesothelioma Lawyer?

Millions of people each year unknowingly face asbestos exposure because of negligence and blatant disregard from asbestos companies to protect employees and the general public from the dangers of the mineral.

What a Mesothelioma Lawyer Can Do For You

A reputable lawyer will first offer a free consultation to discuss your eligibility for certain kinds of claims, including mesothelioma lawsuits, asbestos trust funds and veterans’ benefits. Veterans’ benefits, for example, are a common option for United States Navy veterans looking for compensation.

What to Ask Your Mesothelioma Lawyer

As you consider your legal options and a mesothelioma law firm you would like to work with, many questions will arise as asbestos litigation can be quite complex. The following questions can be a good starting point as you move forward and explore your legal rights.

Qualities of a Top Mesothelioma Lawyer

Finding the right mesothelioma lawyer to handle your mesothelioma claim is critical to ensuring you get the compensation you deserve. When considering a mesothelioma lawyer, here are just a few important qualities you should consider, including:

What questions should I ask a mesothelioma lawyer?

Consider asking the following questions during your initial consultation with a mesothelioma attorney: 1 Do you specialize in asbestos litigation? 2 What types of claims can you help with? 3 Can you file my lawsuit in another state? 4 Will I need to travel? 5 How are you compensated? 6 Will I have any out-of-pocket legal expenses? 7 Who covers costs during the case process? 8 What’s your experience with asbestos cases?

Why did asbestos companies file for bankruptcy?

Many asbestos-industry companies sought bankruptcy protection when victims began filing lawsuits against them. In exchange for bankruptcy protection, the government required these companies to set up trust funds to compensate present and future victims of asbestos exposure.

How much is the average settlement for mesothelioma?

The average mesothelioma settlement is between $1 million and $1.4 million, according to a 2016 Mealey’s Litigation Report. But there are several complex factors that affect the value of a claim. I was exposed to asbestos in the military.

Can you file a lawsuit for mesothelioma?

Whether you can file a lawsuit depends on many factors. Some of these factors include how and where you were exposed, who was responsible for your exposure and when you were diagnosed with mesothelioma. Many mesothelioma claims take the form of personal injury lawsuits.

Can you sue the military?

You typically do not sue the military. Whether or not you file a lawsuit, you may also be eligible for benefits through the Department of Veterans Affairs. Our Veterans Assistance Department helps veterans understand their VA benefit options.

Do you have to travel to court for mesothelioma?

You likely will not have to travel. In most circumstances, your mesothelioma lawyer will come to you. They often will travel to you to do an interview and record your deposition. They will also go to court on your behalf. If travel is required, it is usually very minimal.

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Understanding Exposure Evidence

Building The Medical Evidence

  • A crucial part of any personal injury lawsuit is showing that there was an injury in the first place, and that it was caused by the defendant. If you are bringing an asbestos case, you have been diagnosed with an asbestos-related disease. In the case of asbestosis, the diagnosis was probably made on the basis of X-rays or CT scans. If you have meso...
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Accounting For Bankruptcy

  • Asbestos is dangerous from the time it is removed from the ground. Liability for an asbestos-related disease can extend to asbestos mining companies, distributors of raw asbestos fibers, and manufacturers of ACPs. Some mining companies and manufacturers of products which contain large amounts of asbestos have gone bankrupt, which means they can't be sued in a reg…
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Litigation Strategy

  • In a civil case, there may be numerous defendants. Each defendant has the right to take your deposition, ask written questions about your exposure, and ask for medical proof. Many defendants will file motions for summary judgment. An attorney will be able to coordinate a deposition, produce evidence, and respond to legal challenges for you. An attorney can also rec…
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