NYC Asbestos Attorneys
Asbestos victims are faced with a myriad of financial costs that quickly become a burden. A knowledgeable lawyer can help to seek compensation that eases the burden.
Your lawyer will look into your work history to determine whether you were exposed to asbestos. This will allow them to track down companies that made the asbestos-containing products responsible for your condition.
Statute of Limitations
A lawsuit against negligent asbestos producers must be filed within a specific time period, also called the statute of limitations. Once a person or a family member learns they have an asbestos-related condition the clock starts ticking.
A successful asbestos case will compensate the victim or their family members for their losses. This can include medical bills, home care costs as well as lost wages and quality of life, as along with funeral and burial expenses. Mesothelioma victims may also qualify for compensation for suffering and pain mental anguish, loss of consortium.
In certain states, the statute of limitations starts ticking when a person first develops symptoms of an asbestos-related illness, such as mesothelioma, asbestosis, or lung cancer. Because mesothelioma can take years to manifest itself, many asbestos victims are not aware of their diagnosis until the time limit has passed. Therefore, it is important to contact an asbestos attorney as quickly as you can.
Asbestos litigation can be an extremely complex field where a number of factors affect the statutes of limitation. The location of asbestos exposure or the employer's location will determine the statute of limitations in the state applicable to a particular claim. Additionally, those who have been diagnosed with more than one asbestos-related illness may be subject to different statutes of limitations.
It is essential to consult with an asbestos lawyer to ensure that you don't miss out on the deadline to file a lawsuit. An experienced lawyer will help you decide the best legal options for your particular situation, and they will be diligent in attempting to negotiate an acceptable settlement. If no satisfactory agreement is reached the lawyer will be prepared to bring your case to trial.
Asbestos sufferers should also think about filing a claim to an asbestos trust fund in order to receive compensation for their injuries. These funds are set aside by companies that used to manufacture asbestos products to pay the medical expenses of victims, compensation for their losses as well as other damages. Your asbestos lawyer will be able to determine if your potential claim can be filed with an asbestos trust fund and help you in completing the process.
Asbestos Litigation in New York
New York is a prime location for asbestos litigation. The state is third nationally for the number of asbestos cases filed and second for mesothelioma lawsuit-specific claims. Asbestos-related ailments can develop years after exposure and could cause catastrophic complications, such as mesothelioma, lung cancer, and asbestosis.
Asbestos 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 provide emotional support to get you through this difficult time.
Weitz & Luxenberg has a successful track record of asbestos litigation. The firm was established in 1986 and has since grown into a formidable legal force. Their lawyers are highly skilled, compassionate and dedicated. They work hard to obtain compensation for asbestos-related diseases and their families.
Asbestos suits are different from the typical personal injury lawsuit. These cases are often complex and require specialist knowledge of asbestos laws, regulations, and procedures. Plaintiffs typically suffer from serious illnesses such as mesothelioma and other asbestos-related diseases, and they need to file their claims quickly.
Defense lawyers who are defendants in New York often face difficulty in defending summary judgment motions against mesothelioma claims. Prior to the recent decisions in Nemeth, Parker and Juni, some defendants lost these motions due to relying solely on attacking the testimony of experts by plaintiffs as not sufficient to prove causation specific.
These recent rulings provide New York asbestos defense attorneys an opportunity to improve their chances. In three separate cases the Appellate Division of the First Department reversed summary judgment denials and dismissed the cases against tile manufacturers who did not provide evidence from counter-experts that quantified the levels of friable fibers contained in their product.
The cases were handled by Justice Sherry Klein Heitler in NYCAL. Heitler has been managing the NYCAL docket since 2008 when she took over from former Assembly Speaker Sheldon Silver after his conviction on federal corruption charges for accepting referral fees from Weitz & Luxenberg to steer asbestos lawsuits to her firm. The NYCAL cases have been consolidated to streamline trial processes.
Finding the Right Lawyer
If you or a loved one was diagnosed with an asbestos-related disease or condition, a seasoned NYC mesothelioma lawyer will review your case and assist you to find the right legal solution. Your lawyer may make a claim against companies that are responsible for the exposure you have to asbestos and help you obtain compensation for your losses. In addition, you could be eligible for financial restitution from the U.S. government's asbestos trust funds.
Act quickly to avoid not meeting the deadline to file claims. Once you have located an asbestos lawyer with experience you should speak with them for a complimentary consultation to discuss your case. This will help you gain an understanding of their communication skills and the way they handle a case similar to yours.
Many mesothelioma lawyers work on cases across the nation. Selecting a firm that handles cases across the country means they have lawyers who know the laws of various states, and can assist you in locating the best legal venue for your claim. A national company can also assist you if you are not able to travel to their offices for depositions or interviews since they have representatives across the country who can go to you.
Patients suffering from asbestos-related illnesses like mesothelioma are entitled to a substantial financial settlement. This compensation may be used to pay for medical expenses as well as lost wages, damage to property, and other losses. In addition, those suffering from mesothelioma are entitled to compensation for pain and suffering.
The most harmful exposure during work can result in a variety of lung diseases such as mesothelioma attorney. The exposure to asbestos can be found in a variety of industries which include shipyards, power plants, construction, automotive and military bases and vessels. Workers who worked in insulation, pipefitting and boiler manufacturing as well as shipbuilding and heating systems could be at risk of being exposed to asbestos. Families of those who work in these industries may also be at risk for mesothelioma.
Asbestos victims may sue parties that put them at risk of exposure, like manufacturers, equipment makers, and employers. Asbestos lawyers will investigate your case and pinpoint the defendants. They will also gather evidence to show that the responsible parties were negligent in causing the illness. Once they have the necessary information, they'll make a civil suit before your state's deadline.
Filing Your Claim
A successful asbestos claim could 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 to file a lawsuit against asbestos or seek compensation through other legal avenues, such as trust funds or benefits for veterans from the Department of Veterans Affairs.
It is important that you have a complete record of asbestos exposure and your diagnosis to qualify for a settlement. This includes medical documents, employment records and witness statements. Mesothelioma attorneys work with specialists who can look over these records and ensure they are as solid as possible to support the case.
An experienced asbestos attorney will begin the process of filing the lawsuit by writing a document known as a complaint. This document, or an pleading, details the legal basis for the lawsuit and names the asbestos companies as defendants. It also contains a list of your injuries and losses.
In many states, there's an act that restricts the time for filing lawsuits. Your lawyer will be able to inform you of the deadlines that apply in your state to ensure that you don't miss any crucial dates. They will also discuss the options available to you for compensation, such as workers' compensation and VA benefits.
After the pleading has been filed, your lawyer will do additional research to strengthen your case and collect evidence. This may include interviewing coworkers, reviewing your employment information and locating additional asbestos-related companies that could be accountable for your exposure.
Your lawyer can also assist you bring a suit against asbestos trust funds that were established by insolvent asbestos companies. These funds can help you recover compensation without going to trial.
Asbestos victims have been diagnosed with a variety of illnesses that include mesothelioma and asbestosis, and lung cancer. These diseases have a lengthy latency period, meaning that it is possible that exposure to asbestos was a long time ago. A New York asbestos lawyer can help you understand your rights under the law and assist you with seeking compensation for damages. The attorneys at Sokolove Law are dedicated to helping victims of asbestos-related illnesses and their families. Contact us today to arrange a free consultation.