NYC Asbestos Attorneys
Asbestos victims have numerous financial expenses that can add up quickly. A lawyer with experience in compensation will be able to help you seek compensation to alleviate the burden.
Your lawyer will look into your employment history to determine if you were exposed to asbestos. This will help them track down companies that made asbestos-containing products that caused your illness.
Statute of Limitations
A lawsuit against negligent asbestos manufacturers must be filed within a certain time period, also known as the statute of limitations. 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 will provide a victim or loved family members for their losses, including medical bills, home health care costs, lost wages, lost quality of life, as well as funeral and burial costs. Mesothelioma patients might also be eligible to receive compensation for mental distress and pain, as well as loss of consortium.
In certain states, a person's statute of limitations starts to run when they begin to show signs of an asbestos-related condition, such as lung cancer or asbestosis. However, mesothelioma takes decades to manifest, which means that a lot of asbestos victims don't realize they have mesothelioma until the time limit is over. It is therefore crucial to contact an asbestos lawyer immediately.
Asbestos litigation is a complex area and a variety of factors could affect the statute of limitations. For example, the location of the asbestos exposure or employer can determine which state's statute of limitations applies to a claim. In addition, victims who have been diagnosed with more than one asbestos-related illness could be subject to different statutes of limitation.
For these reasons, it is important to consult with an experienced asbestos attorney to ensure that you don't be late in filing a lawsuit. An experienced attorney will help you decide which legal options will be the best for your situation and will work hard to reach a fair resolution. If no satisfactory agreement is reached then they'll be ready to bring your case to trial.
Asbestos sufferers should also think about filing a claim to an asbestos trust fund to receive compensation for their injuries. These funds are set up by companies who once manufactured asbestos products to pay victims' medical expenses, compensation and other damages. Your asbestos lawyer will be able determine if your claim can be submitted to a trust fund for asbestos and help you with the process.
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 diseases can develop years after exposure. They could cause devastating complications like mesothelioma or lung cancer.
Asbestos victims need an experienced New York attorney to help them to file a claim, receive proper medical care and fight to get the compensation they deserve. A lawyer can also be a vital source of emotional support during this difficult period.
The lawyers at Weitz & Luxenberg have an impressive of success in asbestos litigation. The firm was established in 1986 and has since grown into a formidable legal force. Their attorneys are highly skilled, compassionate and committed to their clients. They are dedicated to working hard to obtain compensation for asbestos-related diseases and their families.
Asbestos lawsuits differ from the typical personal injury case. These cases are often complicated and require special understanding of asbestos laws, regulations and procedures. In addition, the plaintiffs usually suffer from 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 defending summary judgment motions against mesothelioma claims. Prior to the recent decisions in Nemeth Parker and Juni, defendants often lost these motions by relying solely on the testimony of experts plaintiffs to prove causation.
These recent rulings provide New York asbestos defense attorneys some hope. In three separate cases the Appellate Division, First Department reversed and dismissed summary judgments against tile manufacturers for their failure to provide counter-expert testimony that included quantifications of levels of friable asbestos fibers in their products.
The cases were ruled on by Justice Sherry Klein Heitler in NYCAL. Heitler is in charge of the NYCAL docket ever since she took over from former Assembly Speaker Sheldon Silver in 2008 after he was convicted on federal corruption charges. Sheldon Silver had accepted referral fees from Weitz & Luxenberg for directing asbestos lawsuits against her company. The NYCAL cases are consolidated to streamline the trial process.
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 help find the best legal solution. Your lawyer can assist you to bring a lawsuit and seek compensation for the losses you suffered against the companies responsible for asbestos exposure. In addition, you could be eligible for financial restitution from the U.S. government's asbestos trust funds.
You must act quickly to ensure that you don't run out of time for filing a claim. Once you have found an asbestos lawyer with experience you should speak with them for a no-cost consultation to discuss your situation. This will allow you to get a better understanding of their communication abilities and how they approach cases similar to yours.
Many mesothelioma attorneys handle cases across the country. If you choose a firm that deals with cases nationwide means that they have lawyers who are familiar with the laws of different states, and can assist you in locating the best legal location for your case. National firms can also assist those who are unable to visit their offices to conduct interviews or depositions. They have representatives across the country who can come to you.
Individuals with mesothelioma or another asbestos-related disease can receive substantial financial compensation. This compensation can be used to cover medical expenses and lost wages, as well as damage to property, and other losses. In addition, those suffering from mesothelioma may receive compensation for pain and suffering.
Anyone who was exposed to asbestos on the job are at risk for numerous lung ailments and illnesses such as mesothelioma. The exposure can happen on military bases and ships power plants, shipyards repair, construction, and other industries. Workers who were exposed to pipefitting, insulation boilers ships, shipbuilding, or heating systems are at risk for
asbestos settlement exposure. Families of workers in these fields are also at risk for mesothelioma.
Asbestos patients can bring a lawsuit against people who put them at risk of exposure, including employers, manufacturers of equipment and even manufacturers. Asbestos lawyers will look into your case and identify the defendants. They will also gather evidence to show that the liable parties were negligent in causing the disease. Once they have this information, they will start a civil lawsuit prior to the deadline set by your state.
How to File Your Claim
A successful asbestos claim may provide compensation for victims' 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 file an asbestos lawsuit or pursue compensation through other legal avenues, like trust funds or veterans benefits from the Department of Veterans Affairs (VA).
To qualify for a
mesothelioma settlement it is important to have thorough documentation of the diagnosis and your experience with asbestos. This includes medical records, as well as employment records and witness testimony. Mesothelioma lawyers work with specialists who can look over these records to determine if they are sufficient to be used in a lawsuit.
A skilled
asbestos compensation lawyer will begin the lawsuit process by drafting a document known as a complaint. The document, also referred to as a pleading, describes the legal basis for the lawsuit, and lists asbestos companies as defendants. This document also includes a list of all the damages and injuries.
In many states, there is a statute that limits the time to file an action. Your attorney will provide you with the deadlines that apply in your state, to ensure you don't miss any crucial dates. They will also talk about your possible options for compensation, such as workers' compensation and VA benefits.
Once the pleading is filed after which your lawyer will conduct further investigation to strengthen your case and gather evidence. This may include interviewing coworkers, reviewing your employment background and looking for other asbestos-related companies that could be responsible for your exposure.
Your lawyer can also help you to file a lawsuit against asbestos trust funds that were established by insolvent asbestos companies. These funds can help you obtain compensation without going through trial.
Asbestos-related victims have been diagnosed with a myriad of diseases that include mesothelioma and asbestosis, and lung cancer. These illnesses 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 with seeking compensation for damages. The attorneys at Sokolove Law are dedicated to helping those suffering from asbestos-related diseases and their families. Contact us to schedule a consultation.
