NYC Asbestos Attorneys
Asbestos victims have numerous financial costs that can rapidly add up. A knowledgeable lawyer can assist find compensation to ease the burden.
Your lawyer will review 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 limit within which a lawsuit against negligent asbestos producers has to be filed. The clock starts ticking when a victim or family members realize they have an asbestos-related illness It is therefore crucial to act as soon as you can.
A successful asbestos case can provide the victim or their family members for their losses. This includes medical bills, home care costs as well as lost wages and quality of life, as in addition to funeral and burial expenses. Mesothelioma victims may also qualify for compensation for suffering and pain, mental anguish, and loss of consortium.
In certain states the statute of limitations begins to tick when they first experience symptoms of an asbestos-related disease, such as lung cancer or asbestosis. Because mesothelioma can take years to manifest, many asbestos victims are not aware of their diagnosis until the time limit has passed. It is therefore crucial to contact an asbestos lawyer as soon as you can.
Asbestos litigation is a complicated field, and there are several factors that could affect the statute of limitations. For example, the location of the asbestos exposure or employer can determine which state's statute of limitations applies to a particular claim. Moreover, victims who have been diagnosed with more than one asbestos-related illness may be subject to different limitations statutes.
In these circumstances, it is important to consult with an experienced asbestos attorney to make sure you don't be late in filing an action. A seasoned lawyer can help you determine the best legal options for your particular situation, and they will be diligent in attempting to negotiate an acceptable settlement. If no agreement can be reached, the lawyer will be able to take your case to the court.
Asbestos victims may also want to think about making a claim to recover compensation through an asbestos trust fund. These funds are set aside by businesses that used to manufacture asbestos products to cover victims' medical expenses and compensation for their losses as well as other damages. Your asbestos attorney will be able to determine if your claim could 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-specific claims. Asbestos-related ailments can develop years after exposure and may cause devastating complications such as mesothelioma and lung cancer as well as asbestosis.
Asbestos-related victims in New York need an experienced attorney to help to file a claim, receive proper medical attention and fight for compensation. A lawyer can offer emotional support to help you through this difficult period.
Weitz & Luxenberg has a successful track record of asbestos litigation. The firm was established in 1986 and has since grown into an unparalleled legal force. Their attorneys are highly skilled, compassionate and committed to their clients. They do their best to ensure that victims of asbestos illnesses and their families receive the compensation they deserve.
Asbestos suits differ from the typical personal injury lawsuit. These cases are often complex and require specialized knowledge in asbestos laws regulations, rules, and procedures. Plaintiffs typically suffer from serious illnesses such as mesothelioma and other asbestos-related diseases, which require them to file their claims as quickly as possible.
In New York, defendants often struggle to defend summary judgment motions against mesothelioma accusations. Prior to the recent decisions in Nemeth Parker and Juni defendants were often denied these motions based solely on the expert testimony of the plaintiffs to prove specific causality.
These recent rulings give New York asbestos defense lawyers some hope. In three separate cases the Appellate Division of the First Department denied summary judgments and dismissed the cases against tile manufacturers who failed to submit counter-expert testimony proving the amount of friable fibers contained in their product.
The cases were heard in NYCAL where Justice Sherry Klein Heitler presided. Heitler has managed the NYCAL docket since 2008 when she replaced 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 company. The NYCAL cases are consolidated to streamline the trial process.
Finding the Right Lawyer
A NYC mesothelioma attorney can assist you if you or someone you care about has been diagnosed with an asbestos-related condition. They will review your case to find the best legal solution. Your lawyer can help you file a lawsuit and seek compensation for the losses you suffered against the companies responsible for asbestos exposure. 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 for filing an claim. You should arrange a free consultation with an asbestos lawyer when you've found one. This will allow you gain an understanding of their communication skills and how they approach cases similar to yours.
Many mesothelioma attorneys handle cases across the country. Choosing a firm that handles cases nationwide means that they have attorneys who understand the laws of various states, and can assist you in locating the most suitable legal avenue for your claim. National firms can also help those who are unable to travel to their offices to conduct interviews or take depositions. They have representatives across the country who can come to you.
Individuals with mesothelioma lawsuit or another asbestos-related illness are eligible to receive a substantial financial settlement. This compensation could cover medical expenses, lost wages, property damage and other losses. Victims of mesothelioma may also be entitled to compensation for their pain and suffering.
Workers who have been exposed to asbestos during work are at risk of developing a variety of lung diseases and illnesses such as mesothelioma lawyers. Exposure to asbestos can occur in many industries such as shipyards, power plants, construction, automotive and military bases and vessels. Workers who worked with pipefitting, insulation boiler making ships, shipbuilding, or heating systems are at risk for asbestos exposure. Families of workers in these fields may also be at risk of mesothelioma.
Asbestos sufferers can file a lawsuit against the parties that put them at risk of exposure, such as manufacturers as well as equipment makers and employers. Asbestos attorneys will investigate your case and pinpoint the defendants. They will also gather evidence to show that the responsible parties were negligent in causing the disease. Once they have this information, they will make a civil suit before the deadline in your state.
How to File a Claim
A successful asbestos claim could provide compensation to victims for medical expenses, lost income and suffering. It can also pay for funeral expenses and other financial losses. A mesothelioma attorney can help victims and their families in filing an asbestos lawsuit or pursue 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 history of asbestos exposure as well as your diagnosis to qualify for a settlement. This includes medical documents, employment records and witness statements. Mesothelioma lawyers work with specialists who can look over the records to make sure they are strong enough to be used in a lawsuit.
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. This document also contains the details of all the damages and injuries.
In many states there is a statute that limits the time to file an action. Your lawyer will inform you of the deadlines that apply in your state to ensure that you don't miss any crucial dates. They will also go over the options available in terms of compensation, like workers compensation and VA benefits.
After the pleading has been filed after which your lawyer will conduct additional research to build your case and gather evidence. This could include speaking with your coworkers, looking over your employment history and locating asbestos-related companies that could be responsible for your exposure.
Your lawyer can also help you bring a suit against asbestos trust funds that were established by insolvent asbestos companies. These funds can aid you in receiving compensation without going to court.
Asbestos victims have been diagnosed with a myriad of diseases such as mesothelioma, asbestosis, and lung cancer. These illnesses have a long time of latency, which means that it is likely that asbestos exposure happened decades ago. A New York asbestos lawyer can help you understand your legal rights and assist you in pursuing compensation for damages. Sokolove Law is committed to helping victims of asbestos-related diseases and their families. Contact us today to schedule a free consultation.