Asbestos Lawyers
Asbestos lawyers are able to build strong arguments by with evidence, such as medical records and other workplace documents. These documents can be difficult get in the absence of the resources of an asbestos law firm.
An experienced asbestos lawyer can guide victims on whether to make a lawsuit, trust fund claim, or benefit claim. They can also explain the benefits and drawbacks of each option.
Occupational Exposure
Asbestos is frequently found in workplaces. People working in industrial settings such as power plants and textile mills, are at a higher risk of asbestos exposure and developing asbestos-related diseases. Asbestos lawyers aid the families of asbestos workers to seek compensation for the pain they suffer.
In addition to those who are directly working with asbestos, others could be exposed to it via second-hand exposure. This is more common among family members of those who work with it because asbestos fibers are able to get on clothing and other items, causing them to be inhaled later. Patients diagnosed with asbestos-related illnesses like lung cancer or mesothelioma could seek compensation from companies that sold and manufactured the products they used.
Several types of asbestos lawsuits could be filed which include personal injury, product liability and wrongful death claims. The type of lawsuit one files will depend on the way they were exposed to asbestos and where it occurred. For instance, if a person was exposed to asbestos in a school that was built or owned by a company which uses asbestos, they can make a premises liability claim against the company.
A seasoned New York mesothelioma lawyer can review the type of lawsuit the victim wants. New York statutes give victims three years to file a lawsuit against asbestos after receiving an diagnosis. For victims of wrongful death, they have two years to file a claim for wrongful death.
In cases involving occupational exposure, victims may sue the companies that sold them asbestos-containing products and those who improperly handled and installed those products. Some of these companies were bankrupt, resulting in substantial settlements for workers who developed mesothelioma or other asbestos-related illnesses.
Asbestos victims can also file a claim through an asbestos trust fund. It is a pooled amount of money set aside by companies to pay for medical expenses related to asbestos and other expenses. New York law provides for the establishment of these funds in order to compensate asbestos victims who aren't able to raise enough funds to assert their legal rights.
Non-Industrial Exposure
Asbestos lawyers represent clients suffering from asbestos-related diseases due to non-occupational exposure the dangerous mineral. These cases are more difficult to prove, but victims and their families can still be awarded compensation. Anyone who is exposed to asbestos in their workplaces are at risk of developing mesothelioma or other diseases that require costly medical treatment and cause pain and suffering. A New York asbestos attorney can assist victims to file a lawsuit against the business or individuals responsible for their exposure.
Asbestos is a mineral that occurs naturally that is found in various forms throughout the earth. It is a fibrous material that can be shattered to form thin, sturdy threads. It is resistant against corrosion and heat, and is flame retardant. Asbestos was used extensively in the past due to its electrical and thermal insulation properties, but it was later discovered that this toxic substance can cause mesothelioma as well as other serious health problems.
Mesothelioma, and other similar diseases, are the most frequent among those working in industrial environments. Workers in shipyards for instance were exposed to asbestos while they cleaned and repaired the ships that entered the shipyard for repairs or maintenance. Auto dealerships or garages were also at risk since they handled brake shoes, clutch facings and linings containing asbestos. People who lived near asbestos factories were also more susceptible to these types of diseases.
These are just a few of the numerous occupations which can put people at risk of developing asbestos-related illnesses. Many of the diseases associated with asbestos take decades to manifest, therefore people who were exposed to it in these jobs are now suffering from symptoms and seeking compensation.
Asbestos lawyers can help victims in filing a variety of kinds of lawsuits. Depending on how and where they were exposed to asbestos, people may have claims for personal injury or premises liability. They can file a wrongful death suit against the person responsible in the event that they die as a result of mesothelioma or other asbestos-related illnesses. They can also bring a product liability suit against the company that made the asbestos-containing products or chemicals they were exposed to.
Statute of Limitations
A statute of limitation is a law that imposes a maximum time limit for filing lawsuits. Before the deadline expires asbestos victims must contact an experienced attorney to protect their rights to compensation. There are two types of asbestos lawsuits that are wrongful death claims. Each state has its own statute of limitations that govern these cases. A New York mesothelioma lawyer can assist you in understanding the laws of your state and how they relate to your case.
Asbestos lawsuits usually involve multiple factors that can influence the limitation period including the date of diagnosis or death. For instance, mesothelioma-related symptoms may not develop until decades after the victim's initial exposure. Many people are unaware of the existence of asbestos-related diseases until their doctor diagnoses mesothelioma. Some states also have special rules that allow the statute of limitations to start the day following the diagnosis or death of a loved one and not the date of exposure.
The location of the victim's house or work place may also influence the statute of limitations for their asbestos lawsuit. The mesothelioma case can be filed in several states if asbestos was detected in more than one place. This is especially true when a person worked in several industries, such as repair of shipyards repairs, heating systems repair, construction, and the Navy.
Mesothelioma attorneys are knowledgeable about these laws and can determine the best course for each client. They can help with pursuing an asbestos-related lawsuit or an asbestos claim through an asbestos trust fund.
A lawyer for asbestos can also offer victims of asbestos exposure other legal options, including workers compensation or private insurance. In certain cases, the compensation from a workers' compensation claim might not be enough to cover the total loss. Victims could also be eligible to receive compensation through an asbestos trust. Additionally, veterans who have been diagnosed with an asbestos-related disease could be eligible to file for military benefits and VA health treatment.
Compensation
In a majority of cases, asbestos-related diseases victims may be entitled to compensation. This compensation includes the monetary value of suffering and pain and loss of quality of life medical expenses, travel expenses, loss of income, home care costs, funeral and burial costs for loved ones who died due to an asbestos-related illness, and other non-financial and financial damages.
Asbestos attorneys can assist their clients seek compensation from various sources. They can bring a personal injury or wrongful death suit against the defendants accountable for their client's exposure, make a trust fund claim, or pursue other avenues of recovery. An experienced asbestos law firm has the expertise and resources necessary to litigate these claims.
Patients and their families who suffer from mesothelioma should receive complete legal assistance. They should not have to be worried about navigating the maze of laws or filing documents on their own. A seasoned mesothelioma lawyer can take care of all aspects of the case, from prepping for trial and negotiating with insurance companies to secure the most favorable settlement.
An experienced attorney has access to medical records and employment histories, as well as asbestos product testing results as well as witness statements. This information can aid the victim's family and build a strong case.
The lawyers at an experienced asbestos law firm will have a track of success, having won hundreds of millions of dollars for victims and their families. They have also contributed to bringing awareness to asbestos-related diseases.
If you reside in New York, an asbestos lawyer can assist you in understanding your rights and options to recover compensation. Lawyers who offer free consultations and operate on a contingency-based fee basis are typically able to meet with New York asbestos victims at their homes or at work.
The asbestos lawyers of Weitz & Luxenberg have represented clients from across the country and across the globe. The firm has recovered hundreds of millions of dollars in settlements and verdicts for victims of mesothelioma, wrongful death, asbestosis, and other asbestos-related illnesses. They are regarded as an industry leader, and was named the Plaintiff's Law firm of the year for Product Liability 2013 They have offices throughout the United States and are able to travel to any place required.