NYC Asbestos Attorneys
Asbestos victims are faced with a myriad of financial costs that quickly become a burden. A knowledgeable lawyer can help find compensation to ease the burden.
Your attorney will study your work history and exposure to asbestos. This will allow them to identify the companies that made
Asbestos Case-containing products that led to your illness.
Statute of limitations
A lawsuit against negligent asbestos manufacturers must be filed within a specified time frame, called the statute of limitations. As soon as a victim or family member discovers they have an asbestos-related illness the clock begins to tick.
A successful asbestos lawsuit could provide a victim or loved family members for their losses, including medical bills, home health care costs, lost wages, lost quality of life, and funeral and burial costs. Mesothelioma patients may also be eligible for compensation for suffering and pain mental anguish, loss of consortium.
In some states the statute of limitations begins at the point that a person experiences symptoms of an illness linked to asbestos, such as mesothelioma, asbestosis, or lung cancer. Since mesothelioma may take a long time to manifest itself, many asbestos victims are not aware of their diagnosis until the time limit has passed. Therefore, it is crucial to consult an asbestos lawyer as soon as you can.
Asbestos litigation is a complicated area and there are many factors that can influence the statute of limitations. The location of exposure to asbestos or the employer's location can determine the state statute of limitations applicable to a particular claim. Additionally, those who have been diagnosed with more than one asbestos-related illness could be subject to different limitations statutes.
For these reasons, it is crucial to speak with an experienced asbestos lawyer to make sure you do not miss the deadline to file a lawsuit. A knowledgeable lawyer will help you determine which legal options are best for your situation, and they will do their best to negotiate an equitable settlement. If no suitable agreement is reached then they'll be ready to bring your case to trial.
Asbestos victims may also want to consider making a claim to recover compensation with an asbestos trust fund. These funds are established by companies that once produced asbestos products to pay victims' medical expenses, compensation, and other damages. Your asbestos lawyer will be able to determine if your claim should be put into a trust fund for asbestos and assist you in the process.
Asbestos Litigation in New York
New York is a prime state for asbestos litigation. The state is third nationally for the number of asbestos cases filed and second for mesothelioma-specific claims. Asbestos-related illnesses can develop years after exposure and could result in devastating complications like mesothelioma, lung cancer, and asbestosis.
Asbestos-related victims in New York need an experienced lawyer to help make a claim, obtain the right medical treatment, and fight for compensation. An attorney can provide emotional support to get you through this difficult time.
Weitz & Luxenberg has a proven track record in
asbestos litigation. Their firm was founded in 1986 and has since grown into an unparalleled legal force. Their attorneys are highly skilled, compassionate and committed to their clients. They work tirelessly to help victims of asbestos illnesses and their families get the compensation they deserve.
Asbestos suits are different from a typical personal injury lawsuit. These cases are usually complex and require special knowledge of asbestos laws regulations, rules and procedures. Plaintiffs are often diagnosed with serious diseases like mesothelioma or other asbestos-related diseases, and they need to file their claims as quickly as possible.
Plaintiffs in New York often face difficulty defending summary judgment motions against mesothelioma claims. Prior to the recent decisions in Nemeth, Parker and Juni, some defendants failed to win these motions due to relying solely on attacking the expert testimony of plaintiffs as insufficient to establish a causal connection.
These recent rulings offer New York asbestos defense lawyers some hope. In three separate cases the Appellate Division of the First Department denied summary judgments and dismissed the cases against tile manufacturers who did not provide counter-expert testimony proving the amount of friable fibers in their products.
The cases were handled by Justice Sherry Klein Heitler in NYCAL. Heitler has managed the NYCAL docket since 2008, when she replaced the former Assembly Speaker Sheldon Silver after his conviction on federal corruption charges of accepting referral fees from Weitz & Luxenberg to steer asbestos lawsuits to her firm. The NYCAL cases are consolidated to speed up the trial process.
Finding the right lawyer
A NYC mesothelioma attorney can assist you if someone you care about has been diagnosed with an asbestos-related disease. They will evaluate your case to determine the most appropriate legal solution. Your lawyer can help you file a lawsuit and seek compensation for your losses against companies that are responsible for asbestos exposure. You may also be eligible to receive financial compensation through the asbestos trust fund of the U.S. Government.
It is imperative to act fast to ensure that you don't miss the statute of limitations for filing an action. Once you have found an asbestos lawyer who is qualified you should speak with them for a free consultation to discuss the situation. This will give you a better understanding of how well they communicate and how they will respond to a case like yours.
Mesothelioma law firms usually take on cases throughout the world. Selecting a firm that handles cases nationwide means that they have attorneys who understand the laws of different states, and can assist you in locating the best legal venue for your claim. National firms can also help you if you cannot visit their offices to conduct interviews or depositions. They have representatives across the country that can meet with you.
Patients suffering from mesothelioma or any other asbestos-related disease can receive a substantial amount of financial compensation. This compensation may be used to pay for medical expenses loss of wages, property damage and other losses. In addition, patients with mesothelioma may receive compensation for pain and suffering.
A poor exposure at work can result in a range of lung diseases that include mesothelioma. The exposure can happen on military bases and ships, power plants, shipyard repair, construction, and other fields. Workers who worked in pipefitting, insulation and boiler manufacturing as well as heating systems and shipbuilding may be at risk of exposure to asbestos. Families of workers in these fields are also at risk for mesothelioma.
Asbestos sufferers can bring a lawsuit against individuals who put them at risk of exposure, including manufacturers of equipment, equipment makers, and employers. Asbestos attorneys will investigate your case, identify the defendants, and gather evidence to prove the liable parties responsible for creating your condition. Once they have all the evidence they need, they will file civil lawsuits before the deadlines established by your state.
Making a Claim
A successful
asbestos claim may compensate victims for their medical expenses, lost income, and suffering. It could also pay for funeral expenses and other financial losses. A mesothelioma attorney can help the victim and their family file an asbestos lawsuit or seek compensation through other legal avenues, like trust funds or veterans benefits from the Department of Veterans Affairs (VA).
To be eligible for a mesothelioma settlement, it is important to have an accurate record of the diagnosis and experience with asbestos. This includes medical records, as also documents from your job and witness testimony. Mesothelioma lawyers work with specialists that can review these records to ensure they are adequate to be used in a lawsuit.
An experienced
asbestos attorney will begin the process of filing the lawsuit by writing a legal document, known as a complaint. The document, which is also known as a pleading, outlines the legal reasoning behind the lawsuit, and lists asbestos companies as defendants. It also lists the extent of your injuries and losses.
In many states, there is an expiration date that gives a deadline for asbestos lawsuits. Your lawyer will inform you of the deadlines that apply in your state to ensure you don't miss any important dates. They will also go over the various options for compensation, including workers compensation and VA benefits.
After the pleading has been filed, your lawyer will conduct additional research to strengthen your case and collect evidence. This could include speaking with coworkers, reviewing your employment background and looking for other asbestos-related companies that could be responsible for your exposure.
Your lawyer can also assist you bring a suit against asbestos trust funds that were established by insolvent asbestos companies. These funds could aid you in receiving compensation without having to go to court.
Asbestos-related victims are diagnosed with a variety including mesothelioma and lung cancer. These diseases have a lengthy time to develop, which means it is likely that asbestos exposure happened decades ago. A New York asbestos lawyer can help you understand your rights under the law and assist you with seeking compensation for damage. The lawyers at Sokolove Law are dedicated to helping victims of asbestos-related diseases and their families. Contact us to schedule an appointment.