NYC Asbestos Attorneys
Asbestos victims are faced with a myriad of financial expenses that can quickly become a burden. A lawyer that is experienced in compensation can help you seek compensation to alleviate these burdens.
Your attorney will research your employment history and expose you to asbestos. This will allow them to find the companies that produced asbestos-containing products that caused your illness.
Statute of limitations
A lawsuit against negligent asbestos manufacturers must be filed within a specific time frame, called the statute of limitations. When a victim or a family member learns they suffer from an asbestos-related disease, the clock starts ticking.
A successful asbestos lawsuit will pay a victim or their loved family members for their losses, such as medical expenses, home care costs, lost wages, lost quality of life, and funeral and burial expenses. Mesothelioma sufferers may also be eligible to receive compensation for mental suffering and pain as well as loss of consortium.
In certain states the statute of limitations begins to run out when they first experience symptoms of an asbestos-related condition like asbestosis or lung cancer. But mesothelioma can take decades to manifest, meaning many asbestos victims do not know they have mesothelioma until the time limit has expired. This is why it is crucial to speak with an asbestos attorney as quickly as possible.
Asbestos litigation can be an extremely complex field and a variety of factors could affect the statutes of limitation. The location of exposure to asbestos or the employer's location can determine the statute of limitations in the state applicable to a particular claim. In addition, victims who have been diagnosed with more than one asbestos-related illness could be subject to different statutes of limitations.
It is crucial to consult with an asbestos lawyer to ensure you don't miss out on the deadline to file an action. A seasoned lawyer can help you determine the best legal options for your situation, and they will work diligently to negotiate a fair settlement. If no suitable agreement is reached, they will be ready to go to trial.
Asbestos victims may also want to look into making a claim to recover compensation from an asbestos trust fund. These funds are set aside by businesses that used to manufacture asbestos products to cover the medical expenses of victims and compensation for their losses, and other damages. Your asbestos attorney will be able determine if your claim is eligible to be placed in an asbestos trust fund and assist you with the process.
Asbestos Litigation in New York
New York is one of the most important states in asbestos litigation. The state is third nationally for the number of asbestos cases filed and second for mesothelioma lawyers-specific claims. Asbestos-related illnesses can develop years after exposure and may cause devastating complications such as mesothelioma attorney and lung cancer as well as asbestosis.
Asbestos sufferers require a seasoned New York attorney to help them file a claim, obtain proper medical care and fight to get the compensation they deserve. An attorney can also be a vital source of emotional support during this difficult period.
The attorneys at Weitz & Luxenberg have an impressive record of success in asbestos litigation. Their firm was founded in 1986 and has since grown into an unparalleled legal force. Their lawyers are highly skilled, compassionate and committed to their clients. They work tirelessly to help sufferers of asbestos diseases and their families receive the compensation they deserve.
Asbestos suits differ from a typical personal injury lawsuit. These cases can be complex and require special understanding of asbestos laws regulations, procedures and rules. Plaintiffs often have serious illnesses like mesothelioma or other asbestos-related diseases, and they need to file their claims quickly.
Plaintiffs who are defendants in New York often face difficulty fighting summary judgment motions in the face of mesothelioma claims. Before the recent decisions in Nemeth Parker and Juni defendants frequently lost these motions simply relying on the expert testimony of the plaintiffs to prove specific causation.
These recent rulings offer New York asbestos defense attorneys a glimmer hope. In three separate cases the Appellate Division of the First Department reversed summary judgment denials and dismissed the cases against tile manufacturers who failed to provide counter-expert testimony proving the amount of friable fibers in their product.
The cases were heard in NYCAL where Justice Sherry Klein Heitler presided. Heitler is in charge of the NYCAL docket ever since she was appointed replacement for former Assembly Speaker Sheldon Silver in 2008 after his conviction 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 speed up the trial process.
Find the right lawyer
A NYC mesothelioma lawyer can help you if you or someone you love has been diagnosed with an asbestos-related illness. They will analyze your case to determine the best legal solution. Your lawyer can file a lawsuit against companies 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 quickly to ensure you do not overrun the time limit to file a claim. After you have found an asbestos lawyer with experience, you should meet with them for a free consultation to discuss the situation. This will help you gain an understanding of their communication abilities and how they approach a case similar to yours.
Mesothelioma law firms often deal with cases across the country. A firm that handles cases nationwide has lawyers who are acquainted with the laws of various states and can help you find the best legal venue to make your claim. National firms can also help you if you cannot travel to their offices to conduct interviews or depositions. They have representatives all over the country that can visit you.
Those with asbestos-related diseases, such as mesothelioma, are entitled to a substantial financial settlement. This compensation could be used to pay medical bills, lost wages as well as property damage and other losses. In addition, patients with mesothelioma may receive compensation for pain and suffering.
Asbest exposure on the job can result in a range of lung diseases that include mesothelioma. Exposure to asbestos can occur in a variety of fields such as power plants, shipyards, construction bases, military and automotive and vessels. Workers who work with pipefitting, insulation boiler making and shipbuilding systems are at risk for asbestos exposure. In addition, the families of those who work in these fields are at risk of contracting mesothelioma lawsuit.
Asbestos patients can sue individuals who put them at risk of exposure, such as employers, manufacturers of equipment and even manufacturers. Asbestos lawyers will investigate your case and determine the defendants. They will also collect evidence to show that the accountable parties were negligent in causing the illness. Once they have the information they need, they'll file a civil lawsuit before your state's deadline.
Making a Claim
A successful asbestos claim could pay victims for medical expenses, lost income and pain and suffering. It could also pay for funeral costs and other financial losses. A mesothelioma lawyer can help the victim and their family make an asbestos lawsuit, or pursue compensation through other legal avenues, including trust funds or veterans' benefits from the Department of Veterans Affairs (VA).
It is important that you have a complete history of asbestos exposure and diagnosis to qualify for an settlement. This includes medical records, employment records and witness statements. Mesothelioma lawyers collaborate with specialists who review the records to make sure they are sufficient to justify a lawsuit.
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, outlines the legal reasoning behind the lawsuit, and lists asbestos companies as defendants. This document also includes an inventory of the losses and injuries you suffered.
In many states, there is law that limits the time to file a lawsuit. Your attorney will provide you with the deadlines that apply in your state to ensure that 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 has been filed, your attorney will conduct further research to help build your case and gather evidence. This may include interviewing coworkers, reviewing your employment history and searching for additional asbestos companies that could be accountable for your exposure.
Furthermore lawyers can assist you file a claim through asbestos trust funds established by bankruptcy asbestos companies. These funds can help you obtain compensation without going through trial.
Asbestos sufferers are diagnosed with a variety of illnesses including mesothelioma and lung cancer. These illnesses have a long time of latency, which means that it is likely that asbestos exposure was a long time ago. An experienced New York asbestos attorney can help you understand your rights and assist you in obtaining compensation for your losses. Sokolove Law is dedicated to assisting victims of asbestos-related diseases and their families. Contact us to schedule a consultation.