NYC Asbestos Attorneys
Asbestos victims face a number of financial costs, which can quickly become a burden. A lawyer that is experienced in compensation can assist you to get compensation to ease these burdens.
Your lawyer will review your work history to determine if you have been exposed to asbestos. This will allow them to track down the companies that produced asbestos-containing products which caused your illness.
Statute of limitations
The statute of limitations is a period within which a lawsuit against negligent asbestos producers has to be filed. As soon as a victim or a family member learns they have an asbestos-related condition the clock starts ticking.
A successful asbestos lawsuit could provide a victim or loved family members for their losses, which include medical bills, home health 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, and loss of consortium.
In certain states, the statute of limitations can begin in the moment a person suffers symptoms of an asbestos-related disease such as mesothelioma asbestosis, or lung cancer. Mesothelioma, however, takes a long time to manifest, which means that a lot of asbestos victims do not know they have mesothelioma symptoms until the statute of limitations has passed. For this reason, it is important to contact an asbestos lawyer as soon as you can.
Asbestos litigation is a complicated field and there are many aspects that could impact the statute of limitations. The location of asbestos exposure or the employer's location will determine the statute of limitations in the state applicable to a particular claim. Moreover, victims who have been diagnosed with more than one asbestos-related disease may be subject to different limitations statutes.
For these reasons, it is important to consult with an experienced asbestos lawyer to make sure you don't overrun the deadline for filing a lawsuit. A seasoned attorney can help you decide the legal options that are most appropriate for your situation, and will work hard to come up with a fair solution. If no agreement is reached then they'll be ready to bring your case to trial.
Asbestos victims might also think about filing a claim for compensation from an asbestos trust fund. These funds are established by companies who once manufactured asbestos products in order to pay victims' medical expenses, compensation and other damages. Your asbestos lawyer will be able determine if your claim can be submitted to an asbestos trust fund and help you with 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 years after exposure and may cause catastrophic complications, such as mesothelioma, lung cancer and asbestosis.
Asbestos victims in New York need an experienced lawyer to help make a claim, obtain proper medical care and fight for compensation. A lawyer can offer emotional support to get you through this difficult period.
The lawyers at Weitz & Luxenberg have an impressive of success in asbestos litigation. Their firm was founded 1986 and has grown to become an unrivaled legal force. Their attorneys are highly skilled, compassionate and committed to their clients. They are dedicated to helping 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 are often complicated and require an expert knowledge of asbestos laws regulations, procedures and rules. Plaintiffs often have serious illnesses like mesothelioma or other asbestos-related diseases, which require them to file their claims quickly.
Plaintiffs who are defendants in New York often face difficulty fighting summary judgment motions in the face of mesothelioma lawsuits. Prior to the recent decisions in Nemeth, Parker and Juni, defendants were unable to win these motions based solely on the expert testimony of plaintiffs as insufficient to establish specific causation.
These recent rulings offer New York asbestos defense lawyers a glimmer of hope. In three separate cases, the Appellate Division, First Department rejected and reversed summary judgment denials made against tile manufacturers for their failure to produce counter-expert testimony with the amount of friable asbestos fibers in their products.
The cases were heard by Justice Sherry Klein Heitler in NYCAL. Heitler is in charge of the NYCAL docket since she took over from the 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 have been consolidated to streamline trial processes.
Find the right lawyer
If you or someone close to you was diagnosed with an asbestos-related illness or condition, a seasoned NYC mesothelioma attorney can review your case and help find the right legal solution. Your lawyer can bring a lawsuit against the companies that are responsible for the exposure you have to asbestos and assist you in obtaining compensation for your losses. You may also be eligible for financial restitution through the asbestos trust fund of the U.S. Government.
Act quickly to avoid not being able to file an claim. Once you have found a qualified asbestos lawyer, you should meet with them for a complimentary consultation to discuss your situation. This will allow you to get an understanding of their communication skills and the way they handle cases similar to yours.
Mesothelioma law firms often deal with cases across the country. A firm that handles nationwide cases has attorneys who are familiar with the laws in different states and can help locate the most suitable legal place to make your claim. National firms can also assist you in the event that you are unable to travel to their offices to conduct interviews or take depositions. They have representatives throughout the country that can come to you.
People suffering from mesothelioma and other asbestos-related disease can receive a substantial financial settlement. This compensation may cover medical costs, lost wages, damage to property and other losses. In addition, patients with mesothelioma can receive compensation for suffering and pain.
People who were exposed to asbestos on the job are at risk for numerous lung illnesses and diseases like mesothelioma. The exposure can happen on military bases and ships, power plants, shipyard repair, construction, and other industries. Workers who worked in insulation, pipefitting and boiler manufacturing as well as shipbuilding and heating systems may be at risk of exposure to asbestos. Families of workers in these fields may also be at risk for mesothelioma attorney.
Asbestos victims can sue individuals who put them at risk of exposure, including manufacturers of equipment, equipment makers, and employers. Asbestos attorneys will investigate your case and determine the defendants. They will also gather evidence to show that the liable parties were negligent in causing the illness. Once they have all the evidence they need, they will file civil lawsuits before the deadlines that is set by your state.
Making a Claim
A successful asbestos claim could pay victims for medical expenses, lost income, and pain and suffering. It could also cover funeral costs and other financial losses. A mesothelioma lawyer can help victims and their families file an asbestos lawsuit, or seek compensation through other legal avenues, such as trust funds or benefits for veterans from the Department of Veterans Affairs.
To qualify for a mesothelioma lawyer settlement, it is necessary to provide an accurate record of the diagnosis and experience with asbestos. This includes medical records, employment records and witness statements. Mesothelioma lawyers work with specialists that can review these records to determine if they are strong enough to support a suit.
An experienced asbestos attorney will begin the process of filing a lawsuit by writing a document referred to as a complaint. The document, which is also known as a pleading, provides the legal reasoning behind the lawsuit and names asbestos companies as defendants. It also contains a list of your injuries and losses.
In many states, there is an expiration date that imposes a deadline on asbestos lawsuits. Your attorney will determine the deadlines in your state and ensure you do not miss any important deadlines. They will also talk about your possible options for compensation, including workers compensation and VA benefits.
Once the pleading has been filed, your attorney will conduct additional research in order to build your case and collect evidence. This could include speaking with coworkers, reviewing your work information and locating additional asbestos companies that could be accountable for your exposure.
In addition, your lawyer can help you file a claim with asbestos trust funds that were set up by asbestos companies that have gone bankrupt. These funds can help you obtain compensation without going through trial.
Asbestos victims have been diagnosed with a myriad of diseases that include mesothelioma and lung cancer and asbestosis. Asbestos exposure is likely to have occurred decades ago. A knowledgeable New York asbestos attorney can help you understand your rights and assist you in pursuing the compensation you deserve for your injuries. Sokolove Law is committed to helping victims of asbestos-related diseases and their families. Contact us to set up a consultation.