NYC Asbestos Attorneys
Asbestos victims are faced with a myriad of financial expenses, which can quickly add up. A lawyer who is skilled in compensation will be able to help you get compensation to ease the burden.
Your lawyer will look into your employment history to determine if you were exposed to asbestos. This will help them find companies that manufactured asbestos-containing products that caused your illness.
Statute of Limitations
The statute of limitations is a time limit within which a lawsuit against negligent asbestos producers has to be filed. Once a person or a family member realizes they suffer from an asbestos-related disease the clock begins to tick.
A successful asbestos lawsuit can compensate a victim or their loved family members for their losses, which include medical bills, home care costs lost wages, loss of quality of life, as well as funeral and burial costs. Mesothelioma victims may also qualify for compensation for suffering and pain mental anguish, loss of consortium.
In some states in some states, a person’s statute limitations starts to run when they first begin to experience symptoms of an asbestos-related illness like lung cancer or asbestosis. Mesothelioma, however, takes a long time to manifest, which means that a lot of asbestos sufferers don’t know they have mesothelioma until the statute of limitations has passed. It is therefore important to speak with an asbestos lawyer as soon as you can.
Asbestos litigation is a complicated field and there are a variety of factors that could affect the statute of limitations. For example, the location of the asbestos exposure, or the employer will determine the state’s statute of limitations that applies to a claim. Additionally, those who have been diagnosed with more than one asbestos-related disease could be subject to different statutes of limitations.
This is why it is essential to speak with an experienced asbestos attorney to make sure you don’t be late in filing a lawsuit. An experienced lawyer will assist you in determining which legal options are suitable for your situation, and they will do their best to reach an acceptable settlement. If no agreement can be reached the lawyer will be able to bring your case to court.
Asbestos victims may also think about making a claim for compensation through an asbestos trust fund. These funds are set aside by businesses that used to manufacture asbestos products to cover victims’ medical expenses as well as compensation for their losses as well as other damages. Your asbestos attorney will be able to determine if your claim is eligible to be placed in an asbestos trust fund, and will 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 years after exposure. They may cause devastating complications like mesothelioma and lung cancer.
Asbestos victims in New York need an experienced attorney to help file a claim, get the right medical treatment, and fight for compensation. An attorney can provide emotional support to help you through this difficult period.
Weitz & Luxenberg has a proven track record of asbestos litigation. Their firm was founded in 1986 and has since grown into an unparalleled legal force. Their attorneys are highly qualified and compassionate. They do their best to ensure that sufferers of asbestos diseases and their families receive the justice they deserve.
Asbestos lawsuits are different from the typical personal injury lawsuit. These cases can be complex and require an expert knowledge of asbestos laws regulations, rules and procedures. Plaintiffs often have serious illnesses like mesothelioma or other asbestos-related diseases, which require them to file their claims fast.
Defendants in New York often face difficulty in defending summary judgment motions against mesothelioma claims. Prior to the recent rulings in Nemeth, Parker and Juni, defendants were unable to win these motions due to relying solely on attacking the expert testimony of 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 of the First Department overturned summary judgment denials and dismissed them against tile manufacturers who failed to provide counter-expert testimony quantifying levels of friable fibers in their product.
The cases were heard by Justice Sherry Klein Heitler in NYCAL. Heitler has managed the NYCAL docket since 2008 when she took over from 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 firm. The NYCAL cases are consolidated to streamline the trial process.
Find the right lawyer
If you or a loved one was diagnosed with an asbestos-related disease or condition, a seasoned NYC mesothelioma lawyer will review your case and help you determine the best legal solution. Your lawyer could make a claim against companies responsible for the exposure you have to asbestos and assist you with obtaining compensation for the losses you suffered. You could also be eligible for financial restitution through the asbestos trust fund of the U.S. Government.
Be quick to prevent not meeting the deadline to file an claim. Once you have found an asbestos lawyer who is qualified you should speak with them for a complimentary consultation to discuss your case. This will give you a better idea of how they communicate and their approach to cases similar to yours.
Many mesothelioma attorneys handle cases across the country. Choosing a firm that handles cases across the nation means that they have lawyers who are familiar with the laws of different states, and can help you in locating the most suitable legal venue for your claim. National firms can also help those who are unable to travel to their offices to conduct interviews or take depositions. They have representatives all over the country who can meet with you.
Those with asbestos-related diseases like mesothelioma are entitled to substantial financial compensation. This compensation may be used to pay for medical expenses as well as lost wages, property damage and other losses. In addition, patients with mesothelioma can receive compensation for suffering and pain.
The most harmful exposure during work can lead to a variety of lung diseases, including mesothelioma. The exposure can happen on military bases and ships, power plants, shipyard repair, construction,, and other industries. Workers who work with pipefitting, insulation boiler making and shipbuilding systems are at risk of asbestos exposure. Families of workers in these industries may also be at risk for mesothelioma.
asbestos compensation sufferers can bring a lawsuit against people who put them at risk of exposure, like equipment manufacturers, employers, and manufacturers. Asbestos lawyers will study your case, identify defendants, and gather evidence to prove the responsible parties responsible for causing your illness. Once they have all the facts they need, they will file civil lawsuits before the deadline set by your state.
How to File Your Claim
A successful asbestos claim can provide compensation for victims’ medical expenses, lost income and pain and suffering. It could also cover funeral expenses and other financial losses. A mesothelioma lawyer can help a victim and their family file an asbestos lawsuit or pursue compensation through other legal avenues, such as trust funds or veterans benefits from the Department of Veterans Affairs (VA).
To be eligible for a mesothelioma settlement it is necessary to provide complete documentation of the diagnosis and history of exposure to asbestos. This includes medical records as also documents from your job and witness testimony. Mesothelioma lawyers collaborate with specialists who review these records to ensure they are sufficient to support a suit.
A knowledgeable asbestos case lawyer will begin the process of bringing a lawsuit by drafting a document referred to as a complaint. The document, also known as a pleading, lists the legal basis for the lawsuit, and names asbestos companies as defendants. It also lists the extent of your losses and injuries.
In many states there is a statute of limitations which gives a deadline for asbestos lawsuits. Your attorney will be able to inform you of the deadlines in your state to ensure that you don’t miss any crucial dates. They will also discuss the options available to you to receive compensation, which includes workers’ compensation benefits and VA benefits.
Once the pleading has been filed, your lawyer will conduct further research in order to build your case and gather evidence. This could include contacting colleagues, examining your employment information and locating additional asbestos-related companies that could be responsible for your exposure.
Your lawyer can also assist you to file a lawsuit against asbestos trust funds established by insolvent asbestos companies. These funds can assist you to recover compensation without going to trial.
Asbestos-related victims have been diagnosed with a myriad of diseases such as mesothelioma, asbestosis, and lung cancer. These diseases have a long latency period, meaning that it is possible that exposure to asbestos was a long time ago. A New York asbestos lawyer can assist you in understanding your rights under the law and assist you in seeking compensation for damages. Sokolove Law is dedicated to helping victims of asbestos-related diseases and their families. Contact us to schedule an appointment.