NYC Asbestos Attorneys
Asbestos victims face a number of financial costs that can quickly add up. A knowledgeable lawyer can help find compensation to ease the burden.
Your lawyer will review your employment history to determine if you have been exposed to asbestos. This will help them identify 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 must be filed. Once a person or a family member realizes they have an asbestos-related illness the clock begins to tick.
A successful asbestos case can help the victim or their family for their losses. This can include medical bills, home care costs loss of wages, quality of life as along with funeral and burial costs. Mesothelioma sufferers may also be eligible for compensation for suffering and pain mental anguish, loss of consortium.
In some states the statute of limitations starts at the point that a person suffers symptoms of an asbestos-related illness such as mesothelioma lung cancer, or asbestosis. But mesothelioma can take decades to manifest, meaning many asbestos victims do not know they have mesothelioma until the statute of limitations has expired. Therefore, it is crucial to speak with an asbestos attorney as soon as possible.
Asbestos litigation is a complex field and there are many factors that can influence the statute of limitations. For instance, the location of the asbestos exposure or the employer can determine the state's statute of limitations that applies to a particular claim. In addition, victims may have been diagnosed with multiple asbestos-related diseases, which can result in different statutes of limitations to be in effect simultaneously.
This is why it is important to consult with an experienced asbestos lawyer to make sure you do not miss the deadline to file a lawsuit. An experienced lawyer will help you decide the legal options that are the best for your situation and will do their best to come up with a fair solution. If no agreement is reached the lawyer will be ready to take your case to court.
Asbestos victims may also look into filing a claim for compensation with an asbestos trust fund. These trust funds were established by companies that once produced asbestos products to pay victims' medical expenses, compensation and other damages. Your asbestos lawyer can determine if your claim is eligible to be placed in a trust fund for asbestos and help you through the process.
Asbestos Litigation in New York
New York is one of the most important states 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, lung cancer and asbestosis.
Asbestos-related victims in New York need an experienced lawyer to help them make a claim, obtain proper medical attention and fight for compensation. A lawyer can offer emotional support to guide you through this difficult time.
Weitz & Luxenberg has a proven track record in asbestos litigation. The firm was founded in 1986 and has since grown to become an unrivaled legal force. Their attorneys are highly skilled, compassionate and committed to their clients. They do their best to ensure that those suffering from asbestos-related illnesses and their families receive the compensation they deserve.
Asbestos lawsuits are different from the typical personal injury lawsuit. These cases can be complex and require specialized knowledge of asbestos laws, regulations, and procedures. Plaintiffs are often diagnosed with serious diseases like mesothelioma or other asbestos-related diseases, which require them to file their claims as quickly as possible.
In New York, defendants often struggle to defend summary judgment motions based on mesothelioma lawyers claims. Prior to the recent decisions in Nemeth Parker and Juni defendants frequently lost these motions simply relying on the expert testimony of plaintiffs to prove causality.
These recent rulings offer New York asbestos defense attorneys a glimmer hope. In three separate cases the Appellate Division, First Department rejected and reversed summary judgment denials against tile makers for their inability to provide counter-expert testimony that included quantifications of levels of friable asbestos fibers in their products.
The cases were considered in NYCAL where Justice Sherry Klein Heitler presided. Heitler has been managing the NYCAL docket since 2008, when she was appointed to replace the former Assembly Speaker Sheldon Silver after his conviction on federal corruption charges of 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 illness an experienced NYC mesothelioma lawyer will review your case and help find the best legal solution. Your lawyer can help you make a claim and seek compensation for the losses you suffered against the companies responsible for asbestos exposure. You may also be eligible for financial restitution through the U.S. government's asbestos trust funds.
You must act quickly to ensure you do not miss the statute of limitations for filing a claim. You should schedule a free consultation with an asbestos lawyer once you have located one. This will provide you with a better understanding of how well they communicate and their approach to cases similar to yours.
Mesothelioma law firms typically handle cases nationwide. Choosing a firm that handles cases across the country means they have lawyers who know the laws of different states, and can assist you in locating the most suitable legal venue for your claim. National firms can also help those who are unable to get to their offices in order to conduct interviews or depositions. They have representatives throughout the country that can come to you.
Patients suffering from mesothelioma or any other asbestos-related illness are eligible to receive a substantial financial settlement. This compensation can cover medical expenses as well as lost wages as well as property damage and other expenses. In addition, victims of mesothelioma attorneys are entitled to compensation for pain and suffering.
A poor exposure at work can result in a variety of lung diseases such as mesothelioma. Exposure can occur on military bases and ships, power plants, shipyard repair, construction,, and other industries. Workers who worked with pipefitting, insulation, boiler making ships, shipbuilding, or heating systems are at risk of asbestos exposure. Furthermore, the family members of those who work in these fields are at risk of contracting mesothelioma.
Asbestos sufferers can sue people who put them at risk of exposure, such as equipment manufacturers, employers and even manufacturers. Asbestos lawyers will investigate your case, identify defendants, and collect evidence to prove that the responsible parties who were negligent in the triggering of your illness. Once they have the necessary information, they'll make a civil suit before the deadline in your state.
How to File a Claim
A successful asbestos claim can pay victims for medical expenses, lost income and suffering. It could 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, such as trust funds or veterans benefits from the Department of Veterans Affairs.
To qualify for a mesothelioma settlement it is necessary to provide complete documentation of the diagnosis and your previous exposure to asbestos. This includes medical records, as also employment records and witness testimony. Mesothelioma lawyers work with specialists that can review these records to determine if they are sufficient to justify a lawsuit.
A knowledgeable asbestos lawyer will begin the process of bringing a lawsuit by drafting a document referred to as a complaint. The document, also known as a an pleading, details the legal basis for the lawsuit and names asbestos companies as defendants. This document also includes a list of the losses and injuries you suffered.
In many states there is a statute of limitations which sets a deadline for asbestos lawsuits. Your attorney will inform you of the deadlines that apply in your state, to ensure you don't miss any important dates. They will also talk about the options you have for compensation, including workers' compensation benefits and VA benefits.
Once the pleading is filed, your lawyer will conduct further investigation to strengthen your case and gather evidence. This could include interviewing your coworkers, examining the employment history you have and locating asbestos-related companies that could be accountable for your exposure.
In addition your lawyer can assist you file a claim through asbestos trust funds that were set up by bankrupt asbestos companies. These funds can assist you to recover compensation without going to trial.
Asbestos victims are diagnosed with various illnesses like mesothelioma or lung cancer. These illnesses have a long time of latency, which means that it is likely that asbestos exposure occurred decades ago. A New York asbestos lawyer can assist you in understanding your legal rights and assist you with seeking compensation for damage. Sokolove Law is committed to helping asbestos-related disease victims and their families. Contact us today to arrange a consultation.