NYC Asbestos Attorneys
Asbestos victims face a number of financial burdens that quickly increase. A knowledgeable lawyer can assist find compensation to ease these burdens.
Your lawyer will look into your work history to determine if you have been exposed to asbestos compensation. This will help them track down companies that made asbestos-containing products that caused 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. The clock starts ticking once a victim or family members discover they suffer from an asbestos-related illness, so it is important to act as soon as possible.
A successful asbestos lawsuit could pay a victim or their loved family members for their losses, such as medical bills, home care costs lost wages, loss of quality of life, and funeral and burial costs. Mesothelioma sufferers may also be eligible to receive compensation for mental anguish and suffering, as well as loss of consortium.
In certain states the statute of limitations can begin at the point that a person develops symptoms of an asbestos-related disease 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 after the statute of limitation has expired. This is why it is important to contact an asbestos attorney as quickly as possible.
Asbestos litigation is a complex area where a number of factors affect the statutes of limitation. The location of asbestos exposure or the employer’s location can determine the state statute of limitations that applies to a claim. Additionally, the victims could have been diagnosed with multiple asbestos-related ailments, which can result in different statutes of limitation to run simultaneously.
It is essential to consult with an asbestos lawyer to ensure that you do not miss the deadline for filing a lawsuit. An experienced lawyer will help you determine which legal options are best for your particular situation, and they will do their best to negotiate an acceptable settlement. If no agreement can be reached the lawyer will be prepared to take your case to court.
Asbestos victims should consider filing a claim to an asbestos trust fund to receive compensation for their injuries. These trust funds were established by companies who once manufactured asbestos products to pay for victims’ medical expenses, compensation, and other damages. Your asbestos lawyer will be able to determine if your claim can be put into a trust fund for asbestos and assist you in 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 diseases can develop over time after exposure. They may cause devastating complications like mesothelioma and lung cancer.
Asbestos victims in New York need an experienced lawyer to help them make a claim, obtain proper medical care and fight for compensation. A lawyer can also provide an essential source of emotional support during this stressful period.
The lawyers at Weitz & Luxenberg have an impressive track record of success in asbestos litigation. Their firm was founded in 1986 and has grown into an unparalleled legal force. Their lawyers are highly skilled, compassionate and dedicated. They work tirelessly in order to get compensation for asbestos-related diseases and their families.
Asbestos-related lawsuits differ from the typical personal injury case. These cases are usually complex and require special understanding of asbestos laws regulations, rules and procedures. In addition, the plaintiffs typically have serious illness such as mesothelioma or other asbestos-related diseases that necessitate accelerated filing of their claims.
Plaintiffs who are defendants in New York often face difficulty fighting summary judgment motions in the face of mesothelioma lawsuits. Prior to the recent rulings in Nemeth, Parker and Juni, some defendants lost these motions because they relied solely on attacking the testimony of experts by plaintiffs as not sufficient to establish specific causation.
These recent rulings give New York asbestos defense attorneys some hope. In three separate cases, the Appellate Division, First Department rejected and reversed summary judgments against tile makers for their inability to produce counter-expert testimony with quantifications of levels of friable asbestos fibers present in their products.
The cases were handled by Justice Sherry Klein Heitler in NYCAL. Heitler has been in charge of the NYCAL docket since 2008, when she took over from 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 firm. The NYCAL cases are consolidated to simplify the trial process.
Find the right lawyer
If you or someone close to you was diagnosed with an asbestos-related disease or condition, a seasoned NYC mesothelioma lawyer will review your case and assist you to find the best legal solution. Your lawyer can assist you to file a lawsuit and seek compensation for the losses you suffered against the companies responsible for asbestos exposure. Additionally, you may qualify for financial restitution through the U.S. government’s asbestos trust funds.
You must act swiftly to ensure that you do not run out of time for filing an action. It is recommended to schedule a complimentary consultation with an asbestos lawyer after you have located one. This will allow you gain an understanding of their communication skills and the way they handle a case similar to yours.
Mesothelioma law firms usually handle cases nationwide. A firm that handles nationwide cases has lawyers who are familiar with the laws in different states and can assist you to determine the most appropriate legal avenue to make your claim. National firms can also aid you in the event that you are unable to visit their offices to conduct interviews or take depositions. They have representatives across the country that can meet with you.
Individuals with mesothelioma or another asbestos case-related illness are eligible to receive substantial financial compensation. This compensation may be used to pay for medical expenses loss of wages property damage, and other losses. Patients with mesothelioma could also be entitled to compensation for their pain and suffering.
The most harmful exposure during work can lead to a variety of lung diseases such as mesothelioma. Exposure to asbestos can occur in many industries, including power plants, shipyards construction, automotive and military bases and vessels. Workers who worked in pipefitting, insulation and boiler making as well as heating and shipbuilding systems may be at risk of asbestos exposure. Families of workers in these industries are also at risk for mesothelioma.
Asbestos sufferers may bring a lawsuit against people who put them at risk of exposure, including equipment manufacturers, employers, and manufacturers. Asbestos attorneys will investigate your case, determine the defendants, and gather evidence to prove the responsible parties’ negligence in the triggering of your illness. Once they have all the facts they require, they’ll file civil lawsuits before the deadlines set by your state.
Making a Claim
A successful asbestos claim may provide compensation to victims for medical expenses, lost income, and suffering. It could also pay for funeral expenses and other financial losses. A mesothelioma lawyer can assist the victim and their family make an asbestos lawsuit, or pursue compensation through other legal avenues, including trust funds or veterans’ benefits from the Department of Veterans Affairs (VA).
It is essential to have a complete history of asbestos exposure as well as your diagnosis to qualify for settlement. This includes medical records, employment records, and witness statements. Mesothelioma attorneys collaborate with specialists who look over these records and ensure they are as robust as they can be to support the case.
A skilled asbestos lawyer will begin the lawsuit process by drafting a document referred to as a complaint. The document, or an pleading, details the legal reasons for the lawsuit and names the asbestos companies as defendants. It also includes a list of your injuries and losses.
In many states there is a statute of limitations which gives a deadline for asbestos lawsuits. Your lawyer will determine the deadlines in your state and ensure that you don’t miss any important deadlines. They will also go over your possible options for compensation, such as workers compensation and VA benefits.
After the pleading has been filed, your lawyer will conduct additional research to help build your case and gather evidence. This could include contacting colleagues, examining your employment history and searching for additional asbestos companies that could be responsible for your exposure.
Additionally lawyers can assist you file a claim with asbestos trust funds that were set up by bankruptcy asbestos companies. These funds can assist you to recover compensation without going to trial.
Asbestos sufferers are diagnosed with various illnesses including mesothelioma and lung cancer. Asbestos exposure is likely to have occurred years ago. A knowledgeable New York asbestos attorney can assist you in understanding your rights and assist you in obtaining compensation for your losses. The lawyers at Sokolove Law are committed to helping victims of asbestos-related illnesses and their families. Contact us today to schedule an appointment for a no-cost consultation.