Involved in an Automobile or Car Accident? We Can Help.
If you or someone you know has recently been involved in an automobile accident we are here to help. Our no obligation and confidential case evaluation provide important details about your rights and responsibilities after an accident. Use our case evaluation form here to get in touch and learn what you need to know now. Automobile accident cases are time sensitive so understanding your rights sooner may make all the difference.
Experienced Cape Coral Personal Injury Lawyer
Are you feeling overwhelmed after being in an accident in Cape Coral? Are medical bills piling up? Did your injury cause you to lose time at work? Let us show you your options and how a Cape Coral personal injury lawyer can help you get compensated.
Around 2.5 million Floridians are hospitalized each and every year. Many of these hospitalizations are due to illness or a truly unavoidable accident. Often, however, people will find themself or a loved one in a hospital bed due to the negligent or careless actions of another person. These injuries happen frequently in Cape Coral and the victims are left in severe physical and financial distress.
Need an Attorney in cape coral, Florida?
* FindLaw’s Lawyer Directory is the largest online directory of attorneys. Browse more than one million listings, covering everything from criminal defense to personal injury to estate planning. Detailed law firm profiles have information like the firm’s area of law, office location, office hours, and payment options. Attorney profiles include the biography, education and training, and client recommendations of an attorney to help you decide who to hire. Use the contact form on the profiles to connect with a Cape Coral, Florida attorney for legal advice.
Have you been injured due to the negligent or reckless actions of another person? Since 1995, we at Viles & Beckman have helped injured clients when they were in need of a Cape Coral personal injury lawyer.
The aftermath of an injury can all too often mean financial disaster and massive debt. No matter what negligent or reckless actions caused your injury, we believe that your story is worth our time and attention. We know that no two injuries are quite alike and that the same accident might involve numerous, complex areas of law. That’s why the Cape Coral personal injury lawyer you choose to fight for you should be a deeply experienced one.
What Accidents Can A Cape Coral Personal Injury Lawyer Help Me With?
Here at Viles & Beckman, we have an extensive history of handling all sorts of personal injury cases. We are proud of our impressive track record, and we work hard every day to make sure our clients get the compensation they deserve, no matter what type of accident caused their injury.
A Cape Coral personal injury lawyer will be able to help you get the compensation you deserve in the aftermath of any type of accident. Some of the most common personal injury cases we see are due to one of the following accident types:
• Auto Accidents
• Motorcycle Accidents
• Rideshare Accidents
• Truck Accidents
• Pedestrian Accidents
• Nursing Home Negligence
• Bicycle Accidents
• Dog Bite Injuries
• Boating Accidents
• Premises Liability
• Defective Products
What Are The Most Common Injuries?
When people seek the assistance of a Cape Coral personal injury lawyer, they are likely in a position of serious financial and physical pain. We help injured people with all sorts of different types of injuries. Some of the most common injuries we see in Cape Coral include:
• Traumatic Brain Injuries
• Catastrophic Injuries
• Spinal Injuries
• Back Injuries
• Hip Injuries
• Whiplash/Neck Injuries
• Internal Injuries/Bleeding
• Loss of Limb
• Herniated Disc
• Burn Injuries
Don’t Deal With the Insurance Company Alone. Call Viles & Beckman Today!
Houston Asbestos Lawyer – Ketterman Rowland & Westlund
At Ketterman Rowland & Westlund, we take a compassionate approach to difficult Mesothelioma cases. Your Houston Mesothelioma Attorney has the experience needed to seek financial compensation if you or someone you love developed Mesothelioma because of exposure to asbestos.
California Mesothelioma Lawyers
Many of the top national mesothelioma law firms have offices in California, including in Los Angeles, San Diego, Pasadena, and San Francisco. California is a leading state for asbestos litigation. An experienced mesothelioma lawyer can help California residents receive compensation for asbestos exposure.
Filing a Mesothelioma Claim in California
California has long been one of the leading jurisdictions for asbestos lawsuit filings, which include personal injury lawsuits, wrongful death lawsuits, and asbestos trust fund claims.
The state is generally considered favorable for asbestos lawsuits. This has led to yearly increases in the number of asbestos claims by in-state and out-of-state claimants.
In response, California’s courts have taken measures to manage large asbestos caseloads and expedite claims. For example, a “fast-track” schedule allows mesothelioma cases to go to trial within 120 days. Some California judges encourage parties to resolve cases quickly through settlement.
The statute of limitations in California sets a deadline for filing personal injury and wrongful death lawsuits. A California mesothelioma attorney can determine how these deadlines apply to your mesothelioma case.
California residents diagnosed with mesothelioma should speak with a qualified mesothelioma attorney as soon as possible. An attorney can help you file a claim for compensation in California or another state, depending upon what is best for your individual case.
You should not rely on any information herein to make a determination about your legal rights. Please speak to an attorney licensed to practice law in your area to best understand your legal options.
Asbestos Exposure in California Among Highest in the US
California ranks No. 1 in the U.S. for mesothelioma and asbestosis deaths. It has the most naturally occurring asbestos of any state in the country. California also led the nation in shipyard asbestos exposure during WWII and beyond.
During the peak of U.S. asbestos use, many mines and processing plants developed around California’s countless asbestos deposits. Most of these locations closed down in the 1990s or early 2000s.
Many veterans have been exposed to asbestos in California’s shipyards and military bases. Veterans who develop asbestos-related diseases, such as mesothelioma, may file a VA claim for benefits and have access to VA health care throughout California.
Mesothelioma lawyers have helped people in California get compensation for many types of asbestos exposure. Most cases are based on occupational asbestos exposure or exposure that happened when veterans served in the armed forces.
California Industries Known for Asbestos Exposure
* Shipbuilding
* Mining
* Manufacturing
* Construction
* Power Generation
Former construction workers, shipyard workers, and veterans are particularly at risk. Children and spouses may also be able to file a lawsuit if they develop mesothelioma because of secondary asbestos exposure.
Companies that sell dangerous consumer products have been held liable for mesothelioma claims. Recent cases involve asbestos-contaminated talcum powder.
Mesothelioma Law Firms Practicing in California
Lawyers at a national mesothelioma law firm like Weitz & Luxenberg or Simmons Hanly Conroy specialize in asbestos litigation and have offices in California. These mesothelioma attorneys understand federal asbestos regulations and California state statutes.
Nationwide Mesothelioma Law Firms
* Weitz & Luxenberg
* Cooney & Conway
* Simmons Hanly Conroy
* Nemeroff Law
* Galiher DeRobertis & Waxman
California residents with asbestos-related diseases should choose a nationwide asbestos law firm because they have the experience and reach that local law firms can’t match. Firms that practice nationwide have the knowledge and resources necessary to take on large corporations that acted negligently in exposing you or a loved one to asbestos.
Most nationwide mesothelioma law firms have office locations in California. For example, Weitz & Luxenberg has an office in Los Angeles. Cooney & Conway has several offices in central and Southern California, including Pasadena and San Diego. Additionally, Simmons Hanly Conroy has offices in San Francisco and El Segundo, California.
A benefit of choosing a nationwide firm is that they will come to you if you don’t happen to live near an office. They travel to their clients regularly to conduct depositions and they won’t charge you for such travel expenses.
Asbestos Verdicts Awarded to California Workers
* $11 Million in 2018: A Los Angeles jury decided in favor of Alfred Mata and his wife in a lawsuit against Liberty Utilities Corp. Mata developed mesothelioma from secondary asbestos exposure. His father had worked with Liberty’s asbestos-containing pipes and brought toxic dust home on his clothes.
* $18 Million in 2016: Philip Depoian won a mesothelioma lawsuit against talc supplier Whittaker, Clark & Daniels. The company sold the asbestos-contaminated talcum powder products used at the barbershop where Depoian’s father worked.
* $13 Million in 2015: Colgate-Palmolive and four other companies were ordered to pay damages to Judith Winkel and her husband. Winkel developed mesothelioma because of asbestos contamination in Cashmere Bouquet talcum powder.
* $48 Million in 2012: The Los Angeles Superior Court awarded damages to the family of Bobbie Izell. He had been exposed to asbestos in construction products while working as a contractor. Major defendants in the mesothelioma lawsuit included CalPortland, Riverside Cement, and Union Carbide.
* $208 Million in 2010: Rhoda Evans won a mesothelioma lawsuit based on secondary exposure. Her husband worked with asbestos cement pipes made by CertainTeed Corporation.
* $17 million in 2008: Dennis Woodard and his wife filed a lawsuit against several manufacturers that sold asbestos-containing products to the U.S. Navy. Woodard developed mesothelioma because of exposure he suffered as a machinist’s mate and electrician’s mate.
* $11 Million in 2006: Asbestos Corporation Limited was ordered to pay damages to Joseph Garza and his wife. Garza used the company’s products to repair ship boilers at the Hunters Point Naval Shipyard and other shipyards. The asbestos in the products caused Garza to develop asbestosis.
* $33 Million in 2002: A San Francisco jury decided in favor of Alfred Todak, a former shipyard worker. He developed mesothelioma from exposure to several asbestos-containing products.
These verdicts represent some of the highest compensation awarded at trial, but most mesothelioma lawsuits are settled out of court. Law firms specializing in asbestos cases are known to secure mesothelioma settlements worth over a million dollars for clients.
These law firms are also known to secure six-figure payouts from asbestos trust funds.
Certain jurisdictions in California require plaintiffs to disclose trust fund claims when they file a lawsuit. An experienced California mesothelioma lawyer can offer guidance on what trust funds a patient may be eligible for.
California Asbestos Laws and Regulations
A mix of federal and state laws regulates asbestos in California. Over the past few decades, California lawmakers responded to asbestos risks with laws, regulations, safety standards, and programs aimed at reducing exposure.
Title 8 of the California Code of Regulations requires employers to take specific steps to ensure proper air quality and document all levels of potential exposure. Title 8 also governs the registration and certification of asbestos contractors and consultants.
Title 8 Regulations Governing Asbestos in California
* 8 CCR §1529: Regulates asbestos in construction
* 8 CCR §5208: Regulates asbestos in general industry
* 8 CCR §8358: Regulates asbestos in shipyards
* 8 CCR §341.15: Regulates certification of asbestos consultants and site surveillance technicians
State Departments Overseeing California’s Asbestos Laws
* Department of Public Health
* Department of Industrial Relations
* Division of Occupational Safety and Health
* Cal/OSHA’s Asbestos and Carcinogen Unit
* California Environmental Protection Agency
* Air Resources Board
Anyone who needs to remove asbestos from a building in California should contact a Cal/OSHA-Certified Asbestos Consultant. These consultants are the only professionals in the state who are qualified to advise on asbestos abatement.
California Laws Affecting Asbestos Lawsuits
* California Code of Civil Procedure Sections 312-366: Outlines statutes of limitations in California
* California Civil Code Section 1714: Defines California’s negligence laws
A California mesothelioma attorney with a nationwide firm has the background to explain how these laws affect your case.
They also have the experience necessary to secure the maximum value of your individual case in California. It’s in your best interest to hire a top mesothelioma attorney to stand up to greedy and negligent companies that caused you or your loved one to develop mesothelioma.
Compensation Mesothelioma.
Mesothelioma compensation from legal claims may come from asbestos trust funds, settlements, and jury verdicts. Compensation averages from $1 million to $2.4 million for lawsuits, while trust funds routinely pay in six figures. Mesothelioma plaintiffs may receive compensation for multiple types of claims.
How Much Compensation Can You Get for Mesothelioma?
Mesothelioma compensation differs for each type of claim. According to a 2016 Mealey’s Litigation Report, the average mesothelioma trial award is about $2.4 million. The average settlement ranges from $1 million to $1.4 million. If a mesothelioma claim goes to trial, a settlement could be reached or a jury could determine the amount of compensation if the defendant is found guilty for the asbestos exposure.
If you or your loved one is not filing a legal claim, there may be other types of financial assistance available. We understand that filing a lawsuit feels overwhelming and stressful. There are other options for compensation, and it’s important to weigh all your options to decide what is best for your family.
How Long Will It Take to Get Compensation?
How long it takes to get compensation depends upon the type of claim you file:
* A verdict from a jury trial could take years, but defendants may offer to settle quickly, possibly within several months.
* Money from asbestos trusts can come within a few months.
Deciding whether to file a lawsuit is an important decision in any situation, especially if you are coping with the stress of a terminal illness. A mesothelioma lawyer can provide the most accurate estimate of how long it might take to get compensation for your unique case.
Types of Mesothelioma Compensation
Asbestos Trust Funds
Many companies that manufactured products with asbestos declared bankruptcy because of the large number of mesothelioma lawsuits filed against them.
This does not mean these companies have escaped liability. In bankruptcy protection, asbestos manufacturers are ordered to set up funds with enough money to compensate future asbestos victims. Most trust funds contain hundreds of millions of dollars, and some even contain billions.
If you develop mesothelioma as a result of exposure to an asbestos product made by a company that went bankrupt, your legal claim is processed through the bankrupt company’s trust fund rather than the court system.
Trust fund claims are processed quicker than mesothelioma lawsuits because they don’t have to be processed by the court system. Claimants typically receive compensation within a couple months.
Mesothelioma Lawsuits
A mesothelioma personal injury lawsuit is the best type of claim to file if your family needs compensation to pay for medical bills and other expenses. If a person dies of mesothelioma, their estate may be able to file a wrongful death lawsuit.
There are two types of mesothelioma lawsuits:
* Personal Injury Claims: These lawsuits are filed by people diagnosed with mesothelioma seeking compensation to cover medical bills, lost wages and other financial matters.
* Wrongful Death Claims: These lawsuits are usually filed by the estate of a deceased loved one who died of mesothelioma.
If the defendants do not settle and your case goes to trial, a jury will rule them liable or not liable. If the defendant is found liable, the trial verdict will include monetary compensation. Each mesothelioma case is unique, and there are no set guidelines for compensation.
If you win, the amount owed to you depends on the facts of your case and other factors such as medical costs and lost income.
Settlements
A settlement happens when a defendant offers compensation to a mesothelioma plaintiff to drop the lawsuit.
Many mesothelioma lawsuits are settled out of court and never reach a jury trial. A qualified asbestos law firm will negotiate settlements on your behalf and advise you on whether to take the compensation or pursue a trial.
Several factors affect whether your mesothelioma lawsuit may reach a settlement:
* Some defendants decide settling a claim is cheaper than racking up more legal fees and risking a loss at trial.
* Other defendants are willing to risk a trial because they can opt to negotiate a settlement at any point, particularly if the case seems to be favoring you.
Eligibility and How to File for Asbestos Compensation
Anyone diagnosed with mesothelioma that was exposed to asbestos can file a claim for compensation. An experienced asbestos attorney can help gauge your eligibility and case value.
Consider the following steps to get mesothelioma compensation:
* Step 1: Find out what compensation you’re eligible for by speaking with an experienced mesothelioma lawyer who can help determine what’s best for you and your family
* Step 2: Work with your attorney to help them discover all about your asbestos exposure history
* Step 3: Consider all options for compensation that your attorney presents, which may include trust funds and lawsuits
* Step 4: If you decide to file a lawsuit, you may have to consider settlement offers from defendants
The most important step is finding an attorney with the right experience. You want to select an attorney who exclusively handles mesothelioma lawsuits. They will have the experience necessary to handle your case and maximize your compensation.
Remembering Your Exposure
No one is expected to remember everything about their work, health, life, and exposure history. It’s simply too much information, and the time between exposure and diagnosis is too long.
This is one of the reasons why people file lawsuits instead of workers’ compensation claims. Too much time has passed to even legally file this kind of claim.
That’s why the single most important action you can take when considering an asbestos claim is to speak with a qualified mesothelioma attorney. They have resources to trace your exposure history that other attorneys do not have, and those resources can help your case significantly.
Resources Exclusive to Mesothelioma Lawyers
* Product Identification: Books featuring pictures of asbestos-containing products and their packaging help former asbestos workers identify the products they used. Knowledge of exposure to specific products or brands can significantly raise the value of your case.
* Employment Records: These are accessible through the federal government with your approval. These documents prove you worked where asbestos products were used.
* Eyewitnesses: Attorneys will also attempt to identify and locate co-workers, friends, or other witnesses who can help confirm your exposure history.
* Expertise: Experienced attorneys can compare your case to others they have handled and see how it stacks up. Case histories can be a good indicator of what can be expected in your case.
Tracking Your Expenses
It is important to track all of the expenses related to your mesothelioma diagnosis and treatment. If you are unsure of what to track, think about how your illness has changed your daily lifestyle and your budget.
Expenses can include:
* Travel: Transportation to and from medical providers can become costly. Even if your doctor is nearby, the cost of frequent trips quickly adds up. Because a select number of doctors specialize in mesothelioma treatment, many patients have to travel long distances to see an expert. As a result, you and your loved ones may need to pay for temporary housing near your medical provider.
* Hiring Home Health Aides: You may require help at home handling things such as cooking, cleaning, yard work, general maintenance, and caring for yourself.
* Health Insurance Premiums: You will need to maintain your health insurance. If you are unable to return to work, you may lose your job, and the cost of your insurance premium may increase.
* Complimentary Therapies: You may decide to take advantage of alternative therapies, such as massage therapy, to relieve your symptoms. Your health insurance may not cover these costs.
Other Types of Financial Assistance
In addition to compensation from a mesothelioma claim, you can take advantage of other types of financial assistance. These programs are designed to help anyone with a serious illness. Some of these programs can provide financial assistance in just a few weeks or months.
Military Veteran Claims
Many people who served in the U.S. armed forces – especially those who worked in shipyards – were exposed to asbestos.
Veterans have a right to file a VA claim seeking compensation for any illnesses that developed as a result of their military service. The paperwork can be confusing and complicated. A VA-Accredited Claims Agent can help.
VA-Accredited Claims Agents also recommend that veterans file a VA claim at the same time they file a legal claim. Waiting to file them separately will only delay things. The compensation received from one claim won’t impact the other, which means you’ll receive compensation quicker if you file these claims at the same time.
Private Health Insurance
Health insurance can help offset your expenses. If you already have insurance, review your out-of-pocket deductible and copay amounts as well as any limits on coverage.
If you receive benefits through your employer’s group health insurance plan and are unable to return to work, your employer will usually stop paying for your health insurance. You can continue your coverage for a limited period of time, but your premium will cost more.
Be sure to review your insurance documents, get more information from your insurer and talk with your human resources manager.
Medicare and Medicaid
You may be eligible for Medicare or Medicaid benefits. These government programs offer health care benefits for eligible senior citizens, people with disabilities, and people with limited income.
Long-Term Disability Insurance
If you have long-term disability insurance, you may be able to receive a percentage of your salary.
Usually, this is only available if you will be away from work for more than several months. You have to submit paperwork so your insurer can determine if you are eligible for benefits. This includes documentation from your doctor verifying your disability.
It typically takes one to four months to start receiving benefits. Your policy may also limit how long you can receive benefits. Like health insurance, if you do not already have long-term disability coverage when you are diagnosed, you may not be eligible for a new policy.
Social Security Disability Payments
If you are unable to work because of your illness and you are still eligible, you can apply for Social Security Disability Benefits.
You may qualify to receive a disability determination within days, but it usually takes several months to apply for and begin receiving benefits.
The Compassionate Allowances program allows patients with certain serious diseases to apply for benefits under a fast-track process. Pleural and peritoneal mesothelioma patients are eligible for this program.
Community Assistance
Assistance may be available in your local community. Some organizations provide grants to help families with transportation, lodging, food, and other out-of-pocket costs that arise during treatment.
There may also be volunteers in your community who can help you with errands, transportation, and other caregiving duties. Contact your local chapter of the American Cancer Society or another cancer support group for more information.
No comments:
Post a Comment