NYC Asbestos Attorneys
Asbestos victims are faced with a myriad of financial burdens that can quickly add up. A lawyer that is experienced in compensation will be able to help you seek compensation to ease these burdens.
Your attorney will research your work history and exposure to asbestos. This will help them identify companies that produced asbestos-containing products that caused your condition.
Statute of Limitations
The statute of limitations is a period within which lawsuits against negligent asbestos producers must be filed. As soon as a victim or a family member learns they have an asbestos-related illness the clock begins to tick.
A successful
asbestos lawsuit can pay a victim or their loved ones for their losses, including medical bills, home health care costs lost wages, loss of quality of life, as well as funeral and burial expenses. Mesothelioma patients may also be eligible to receive compensation for mental anguish and suffering as well as loss of consortium.
In some states, the statute of limitations starts in the moment a person develops symptoms of an asbestos-related disease like mesothelioma, asbestosis, or lung cancer. Mesothelioma, however, takes a long time to develop, which means that many asbestos victims do not know they have a mesothelioma diagnosis until after the statute of limitations is over. This is why it is crucial to speak with an asbestos attorney as quickly as possible.
Asbestos litigation can be complicated and a variety of factors could influence the statutes of limitations. For instance, the location of the asbestos exposure or employer will determine the state's statute of limitations that applies to a particular claim. Additionally, the victims could have been diagnosed with multiple asbestos-related ailments, which can result in different statutes of limitations to be in effect simultaneously.
It is therefore important to consult with an asbestos lawyer to ensure you don't miss the deadline for filing a lawsuit. An experienced attorney will assist you in deciding which legal options will be the best for your situation and will do their best to come up with a fair solution. If no satisfactory agreement is reached the lawyer will be prepared to bring your case to trial.
Asbestos victims may also look into making a claim for compensation with an asbestos trust fund. These funds are set aside by businesses who once produced asbestos-containing products to cover victims' medical expenses, compensation for their losses, and other damages. Your asbestos lawyer will be able to determine whether your claim could be placed in an asbestos trust fund and assist you with the procedure.
Asbestos Litigation in New York
New York is a prime jurisdiction 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 for after a long time of exposure. They could cause devastating complications like
mesothelioma attorneys and lung cancer.
Asbestos-related victims in New York need an experienced attorney to help make a claim, obtain proper medical attention, and fight for compensation. A lawyer can offer emotional support to help you through this difficult moment.
The lawyers at Weitz & Luxenberg have an impressive record of success in asbestos litigation. Their firm was founded 1986 and has grown to be an unmatched legal force. Their attorneys are highly qualified, compassionate and dedicated. They do their best to ensure that victims of asbestos illnesses and their families get the justice they deserve.
Asbestos suits differ from the typical personal injury lawsuit. These cases can be complex and require specialized understanding of asbestos laws, regulations and procedures. Plaintiffs are often diagnosed with serious diseases like mesothelioma or other asbestos-related illnesses, which require them to file their claims fast.
In New York, defendants often have difficulty defending summary judgement motions based on mesothelioma claims. Prior to the recent decisions in Nemeth, Parker and Juni, defendants were unable to win these motions based solely on attacking the testimony of experts by plaintiffs as not enough to establish a causal connection.
These recent rulings offer New York asbestos defense attorneys some hope. In three separate cases the Appellate Division of the First Department overturned summary judgment denials and dismissed the cases against tile manufacturers who did not provide evidence from counter-experts that quantified the levels of friable fibers contained in their products.
The cases were heard by Justice Sherry Klein Heitler in NYCAL. Heitler has managed the NYCAL docket since 2008 when she was appointed to replace the former Assembly Speaker Sheldon Silver after his conviction on federal corruption charges for accepting referral fees from Weitz & Luxenberg to steer asbestos lawsuits to her company. The NYCAL cases were consolidated to streamline trial processes.
Finding the Right Lawyer
If you or a loved one was diagnosed with an asbestos-related disease or condition, a seasoned NYC mesothelioma lawyer can evaluate your case and assist you to find the best legal solution. Your lawyer could bring a lawsuit against the companies that are responsible for the exposure you have to asbestos and assist you in obtaining compensation for the losses you suffered. You may also be eligible for financial restitution from the U.S. government's asbestos trust funds.
You must act swiftly to ensure that you don't miss the statute of limitations for filing a claim. Once you have located an asbestos lawyer with experience, you should meet with them for a complimentary consultation to discuss your case. This will provide you with a better understanding of how well they communicate and their approach to cases similar to yours.
Mesothelioma law firms often handle cases nationwide. A firm that handles cases nationwide has lawyers who are acquainted with the laws of different states and can assist you to find the best legal venue to file your claim. A national firm can also help you if unable to visit their offices for depositions or interviews, as they have representatives throughout the country who are able to travel to you.
Patients suffering from mesothelioma or any other asbestos-related illness are eligible to receive a substantial amount of financial compensation. This compensation can be used to cover medical expenses, lost wages, damage to property and other losses. In addition, patients with mesothelioma are entitled to compensation for pain and suffering.
Anyone who was exposed to asbestos during work are at risk of contracting a variety of lung illnesses and diseases such as mesothelioma. Exposure can be found on ships and bases, power plants, shipyard repair, construction, and other industries. Workers who worked with pipefitting, insulation, boiler making ships, shipbuilding, or heating systems are at risk for asbestos exposure. Families of workers in these industries could also be at risk for mesothelioma.
Asbestos sufferers can file a lawsuit against the individuals who put them at risk for exposure, like manufacturers, equipment makers, and employers.
Asbestos lawyers will study your case, identify the defendants, and obtain evidence to prove the responsible parties responsible for causing your illness. Once they have all the information they need, they will make civil lawsuits prior to the deadline set by your state.
How to File a Claim
A successful asbestos claim can pay victims for medical expenses, lost income and suffering and pain. It may also cover funeral expenses and other financial losses. A mesothelioma attorney can help victims and their families file an asbestos lawsuit or seek compensation through other legal avenues, including trust funds or veterans' benefits from the Department of Veterans Affairs (VA).
It is crucial to have a complete record of asbestos exposure and your diagnosis to be eligible for a settlement. This includes medical records, employment records and witness statements.
Mesothelioma lawyers work with specialists that can review these records to ensure they are sufficient to support a suit.
An experienced asbestos lawyer will begin the process of filing an action by writing a document referred to as a complaint. The document, which is also known as a pleading, provides the legal basis for the lawsuit, and names asbestos companies as defendants. It also includes a list of your losses and injuries.
In many states there is an act that restricts the time it takes to file an action. Your attorney will determine the deadlines in your state and make sure you don't miss any important dates. They will also talk about your possible options for compensation, such as workers' compensation and VA benefits.
Once the pleading is filed, your lawyer will conduct further research to build your case and gather evidence. This may include interviewing coworkers, reviewing your work history and searching for additional asbestos-related companies that could be responsible for your exposure.
In addition, your lawyer can help you file a claim with asbestos trust funds established by bankruptcy asbestos companies. These funds can help you receive compensation without going to court.
Asbestos sufferers are diagnosed with a variety of illnesses, such as mesothelioma and lung cancer. These diseases have a long latency period, meaning that it is likely that exposure to asbestos happened decades ago. A New York asbestos lawyer can help you understand your legal rights and assist you in seeking compensation for damage. Sokolove Law is committed to helping asbestos-related disease victims and their families. Contact us to schedule an appointment.