NYC Asbestos Attorneys
Asbestos victims are faced with a myriad of financial costs, which can quickly become a burden. A knowledgeable lawyer can help seek compensation that alleviates the burden.
Your attorney will research your work history and exposure to asbestos. This will allow them to track down the companies that manufactured asbestos-containing products that led to your illness.
Statute of Limitations
The statute of limitations is a time period within which a lawsuit against negligent asbestos producers has to be filed. When a victim or a family member learns they suffer from an asbestos-related disease the clock begins to tick.
A successful asbestos lawsuit can help the victim or their loved ones for their losses. This can include medical bills, homecare costs as well as lost wages and quality of life as well as funeral and burial expenses. Mesothelioma sufferers may also be eligible for compensation for suffering and pain, mental anguish, and loss of consortium.
In some states the statute of limitations starts in the moment a person develops symptoms of an asbestos-related disease, such as mesothelioma, asbestosis, or lung cancer. But mesothelioma can take decades to manifest, meaning many asbestos victims don’t realize they have mesothelioma until the time limit is over. Therefore, it is crucial to contact an asbestos lawyer as soon as you can.
Asbestos litigation can be a complicated field and there are many factors that could affect the statute of limitations. The location of exposure to asbestos or the employer can determine the statute of limitations in the state that applies to a case. Additionally, those who have been diagnosed with more than one asbestos-related illness may be subject to different limitations statutes.
For these reasons, it is crucial to speak with an experienced asbestos attorney to ensure that you don’t miss the deadline to file an action. An experienced lawyer will assist you in deciding the legal options that are most appropriate for your situation, and will be able to find a fair settlement. If no satisfactory agreement is reached, they will be ready to bring your case to trial.
Asbestos victims may also look into filing a claim for compensation through an asbestos trust fund. These funds are established by companies that once produced asbestos products in order to pay for 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 help you through the process.
Asbestos Litigation in New York
New York is one of the most important jurisdictions 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 after a long time and can cause devastating complications such as mesothelioma and lung cancer as well as asbestosis.
Asbestos sufferers require a seasoned New York attorney to help them to file a claim, receive proper medical care and fight for the compensation they are due. An attorney can provide emotional support to help you through this difficult period.
Weitz & Luxenberg has a successful track record of asbestos litigation. The firm was established in 1986 and has since grown into a formidable legal force. Their attorneys are highly skilled, compassionate and dedicated to their clients. They do their best to ensure that those suffering from asbestos-related illnesses and their families get the justice they deserve.
Asbestos lawsuits differ from the typical personal injury case. These cases are often complicated and require an expert knowledge 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 as quickly as possible.
Defendants in New York often face difficulty in defending summary judgment motions against mesothelioma attorney claims. Before the recent decisions in Nemeth Parker and Juni defendants frequently lost these motions based solely on the expert testimony of plaintiffs to prove causation.
These recent rulings provide New York asbestos defense attorneys a glimmer hope. In three separate cases the Appellate Division of the First Department reversed summary judgment denials and dismissed the cases against tile manufacturers who failed to provide counter-expert testimony proving the amount of friable fibers present in their products.
The cases were heard in NYCAL where Justice Sherry Klein Heitler presided. Heitler has been in charge of the NYCAL docket since 2008 when she was appointed to replace 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 are consolidated to simplify the trial process.
Find the right lawyer
If you or a loved one was diagnosed with an asbestos-related disease an experienced NYC mesothelioma lawyer can evaluate your case and help determine the best legal solution. Your lawyer can help you make a claim and seek compensation for your losses against companies that are responsible for asbestos exposure. You could also be eligible for financial restitution through the asbestos trust fund of the U.S. Government.
Be quick to prevent missing the deadline for filing claims. It is recommended to schedule a complimentary consultation with an asbestos lawyer after you have found one. This will provide you with a better understanding of how they communicate and how they will respond to cases similar to yours.
Many mesothelioma lawyer lawyers handle cases across the nation. A firm that handles cases nationwide has lawyers who are acquainted with the laws of various states and can help locate the most suitable legal place to make your claim. National firms can also aid you in the event that you are unable to travel to their offices to conduct interviews or depositions. They have representatives throughout the country who can meet with you.
People suffering from asbestos-related diseases, such as mesothelioma, are entitled to substantial financial compensation. This compensation could be used to cover medical expenses as well as lost wages, damage to property and other losses. In addition, those suffering from mesothelioma may receive compensation for suffering and pain.
A poor exposure at work can lead to a variety of lung diseases that include mesothelioma. Exposure to asbestos can occur in many industries, including power plants, shipyards construction bases, military bases, automotive and vessels. Workers who worked in pipefitting, insulation and boiler manufacturing as well as shipbuilding and heating systems are at risk of being exposed to asbestos. Families of those who work in these industries may also be at risk for mesothelioma lawyers.
Asbestos victims can file a lawsuit against the parties that put them at risk for exposure, including manufacturers, equipment makers, and employers. Asbestos attorneys will investigate your case and identify the defendants. They will also collect evidence to show that the liable parties were negligent in causing the disease. Once they have the necessary information, they’ll file a civil lawsuit before the deadline in your state.
How to File a Claim
A successful asbestos claim may pay victims for medical expenses, lost income and suffering and pain. It could also pay for funeral expenses and other financial losses. A mesothelioma attorney can help victims and their families in filing an asbestos lawsuit or seek compensation through other legal avenues such as trust funds or veterans benefits from the Department of Veterans Affairs.
To qualify for a mesothelioma settlement it is important to have thorough documentation of the diagnosis and your history of exposure to asbestos. This includes medical records, as also employment records and witness testimony. Mesothelioma attorneys work with specialists who can review these records and ensure they are as robust as possible to support a lawsuit.
An experienced asbestos lawyer will begin the process of filing the lawsuit by writing a document known as a complaint. This document, also known as a pleading, outlines the legal basis for the lawsuit, and lists asbestos companies as defendants. The document also includes a list of the losses and injuries you suffered.
In many states there is a statute that limits the time it takes to file a lawsuit. Your lawyer will determine the deadlines in your state and ensure that you don’t miss any important deadlines. They will also discuss the options available for compensation, including workers’ compensation benefits as well as VA benefits.
After the pleading has been filed the lawyer will conduct additional research to support your case and gather evidence. This could include contacting coworkers, reviewing your employment background and looking for other asbestos companies that could be responsible for your exposure.
In addition lawyers can assist you file a claim using asbestos trust funds established by asbestos companies that have gone bankrupt. These funds can assist you in obtaining compensation without going to court.
Asbestos sufferers have been diagnosed with a variety of illnesses, including mesothelioma, lung cancer and asbestosis. These illnesses have a long time of latency, which means that it is likely that asbestos exposure occurred decades ago. A knowledgeable New York asbestos attorney can help you understand your rights and assist you in obtaining the compensation you deserve for your injuries. Sokolove Law is dedicated to helping victims of asbestos-related diseases and their families. Contact us today for a an appointment for a no-cost consultation.