Legal Guide

Why You Should Consult An Asbestos Attorney

If diagnosed, careful management and the right medication can help people to go on to live longer, unfortunately however the disease cannot be cured. 

If you or a member of your family has received a positive diagnosis, you may be entitled to compensation, and choosing the right attorney to represent you is crucial. An Attorney who specializes in asbestos-related diseases will have the necessary knowledge to file a lawsuit on your behalf. It is advisable to seek legal help as soon as possible, compensation awarded can often help to cover any medical expenses you have incurred. Depending on the state you live in you will have 1 or 2 years to file a claim.

Once your Attorney has established that you do have a case, you could be entitled to compensation. In order for them to file a lawsuit, you will need to provide proof of your diagnosis and they will carry out a thorough examination of your medical records. You will also need to provide information on how, when, and where you were exposed to asbestos, providing as much information as possible will give them a better chance of putting a strong case together.

There are 2 different types of claims:

1. Personal injury - this allows the patient to seek financial compensation from the company that is found to be legally responsible for exposing an individual to the asbestos. In a personal injury case, damages are paid by the company to be found legally responsible for putting their employee at risk and causing them to suffer from the disease. In most cases a settlement can usually be agreed upon between the parties without it going to court, however, in the rare event that a personal injury lawsuit makes it all the way to trial, a damages award may be ordered by a judge or jury.

2. Wrongful death - if a patient diagnosed passes away as a result of the disease, the family is entitled to file a claim for wrongful death. This will not replace a loved one, but any compensation awarded can go to pay towards loss of income, medical bills, and funeral expenses.

It is possible to find an attorney who will take on your case on a no win no fee basis and only if you are successful in winning your case will you pay your Attorney a fee.

Most no win no fee Attorneys take on cases where they can establish a strong case and when they are confident that their firm could be successful in winning you compensation. Usually, you will make an agreement to pay them a percentage of your compensation as long as there is a positive outcome to the claim. Most Attorneys will settle on taking around 25%.

You can find helplines to chat with someone about the merits of your case or if you prefer hire a law firm local to you who will advise you on the best way forward.