NYC Asbestos Attorneys
Asbestos sufferers face a variety of financial expenses, which can quickly become a burden. A skilled lawyer can help seek compensation that alleviates the burden.
Your lawyer will look into your employment history to determine if you have been exposed to asbestos. This will enable them to find the companies that made asbestos-containing products that led to 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. As soon as a victim or a family member learns they have an asbestos-related condition, the clock starts ticking.
A successful asbestos lawsuit can provide a victim or loved ones for their losses, which include medical bills, home care costs lost wages, loss of quality of life, and funeral and burial expenses. Mesothelioma sufferers may also be eligible for compensation for pain and suffering mental anguish, loss of consortium.
In some states the statute of limitations begins to run out when they begin to show signs of an asbestos-related condition like asbestosis or lung cancer. Mesothelioma, however, takes a long time to develop, which means that many asbestos victims don't realize they have mesothelioma symptoms until the statute of limitations has passed. Therefore, it is essential to speak with an asbestos attorney as quickly as possible.
Asbestos litigation can be complicated, and several factors can affect the statutes of limitation. For example, the location of the asbestos exposure or the employer will determine the state's statute of limitations that applies to a particular claim. In addition, victims who have been diagnosed with more than one asbestos-related disease could be subject to different limitations statutes.
It is essential to consult with an asbestos lawyer to ensure you don't miss out on the deadline for filing an action. An experienced lawyer will help you decide which legal option is most appropriate for your situation, and will work hard to reach a fair resolution. If no agreement is reached the lawyer will be prepared to take your case to trial.
Asbestos victims might also consider making a claim for compensation with an asbestos trust fund. These trust funds were established by companies that once produced asbestos products in order to cover victims' medical expenses, compensation, and other damages. Your asbestos lawyer can determine if your claim should be put into an asbestos trust fund and help you through the process.
Asbestos Litigation in New York
New York is a prime state 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 could cause catastrophic complications, such as mesothelioma and lung cancer as well as asbestosis.
Asbestos-related 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 difficult period.
The attorneys at Weitz & Luxenberg have an impressive track of success in asbestos litigation. Their firm was founded in 1986 and has since grown into a formidable legal force. Their lawyers are highly educated and compassionate. They are dedicated to working hard to get compensation for asbestos-related diseases and their families.
Asbestos lawsuits are different from the typical personal injury case. These cases are often complex and require specialized knowledge in asbestos laws, regulations, and procedures. Additionally, the plaintiffs typically have serious illness like mesothelioma or asbestos-related diseases that necessitate accelerated filing of their claims.
In New York, defendants often have difficulty defending summary judgement motions against mesothelioma allegations. Prior to the recent rulings in Nemeth, Parker and Juni, defendants were unable to win these motions based solely on the testimony of experts by plaintiffs as not enough to establish a causal connection.
These recent rulings offer New York asbestos defense lawyers some hope. In three separate cases, the Appellate Division of the First Department overturned summary judgment denials and dismissed the cases against tile manufacturers who failed to provide counter-expert testimony proving the amount of friable fibers present in their product.
The cases were considered in NYCAL where Justice Sherry Klein Heitler presided. 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 of accepting referral fees from Weitz & Luxenberg to steer asbestos lawsuits to her firm. The NYCAL cases have been consolidated to simplify the trial process.
Finding the right lawyer
If you or someone close to you was diagnosed with an asbestos-related disease or condition, a seasoned NYC mesothelioma lawyer can evaluate your case and assist you to find the best legal solution. Your lawyer can make a claim against companies that are responsible for your exposure to asbestos, and assist you with obtaining compensation for your losses. You may also be eligible for financial restitution through the U.S. government's asbestos trust funds.
You must act swiftly to ensure that you do not miss the statute of limitations to file a claim. Once you have located an asbestos lawyer with experience you should speak with them for a complimentary consultation to discuss your situation. This will provide you with a better understanding of how they communicate and how they will respond to cases similar to yours.
Many mesothelioma lawyers work on cases across the country. A firm that handles nationwide cases has attorneys who are familiar with the laws of different states and can help you find the best legal venue to submit your claim. A national firm can also help you if not able to go to their offices for depositions or interviews since they have representatives across the country who can go to you.
People suffering from asbestos-related diseases like mesothelioma are entitled to a substantial financial settlement. This compensation can be used to pay for medical expenses, lost wages property damage, and other losses. In addition, victims of mesothelioma are entitled to compensation for pain and suffering.
Workers who have been exposed to asbestos while working are at risk of developing a variety of lung ailments and illnesses, including mesothelioma. Exposure to asbestos can happen in a variety of fields which include power plants, shipyards construction bases, military and automotive and vessels. Workers who were exposed to insulation, pipefitting boiler making ships, shipbuilding, or heating systems are at risk for asbestos exposure. In addition, the families of those who work in these industries are at risk of contracting mesothelioma.
Asbestos sufferers can bring a lawsuit against people who put them at risk of exposure, like employers, equipment manufacturers, and manufacturers. Asbestos lawyers will look into your case and identify the defendants. They will also gather evidence to show that the responsible parties were negligent in causing the disease. Once they have the necessary information, they'll start a civil lawsuit prior to the deadline in your state.
How to File Your Claim
A successful asbestos claim could provide compensation to victims for medical expenses, lost income, and pain and suffering. It can also pay for funeral expenses and other financial losses. A mesothelioma lawyer can help victims and their families 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).
It is crucial to have a complete record of asbestos exposure and diagnosis to be eligible for an settlement. This includes medical records, as along with documents from your job and witness testimony. Mesothelioma lawyers collaborate with specialists that can review these records to determine if they are adequate to support a suit.
An experienced asbestos lawyer will begin the process of filing an action by writing a legal document, known as a complaint. The document, or pleading, lists the legal basis for the lawsuit and names asbestos companies as defendants. The document also includes the details of all the damages and injuries.
In many states, there is a statute of limitations which 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 discuss the options available to you for compensation, including workers' compensation benefits and VA benefits.
After the pleading has been filed the lawyer will conduct additional investigation to strengthen your case and gather evidence. This could include speaking with your coworkers, reviewing the employment history you have and locating asbestos-related companies that may be responsible for your exposure.
Additionally your lawyer can assist you file a claim with asbestos trust funds established by asbestos companies that have gone bankrupt. These funds can assist you to obtain compensation without going through trial.
Asbestos sufferers 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 occurred decades ago. An experienced New York asbestos attorney can help you understand your rights and assist you in pursuing compensation for your damages. Sokolove Law is committed to assisting victims of asbestos lawyers-related diseases and their families. Contact us today to schedule a free consultation.