NYC Asbestos Attorneys
Asbestos sufferers face a variety of financial expenses that add up quickly. A lawyer that is experienced in compensation will be able to help you get compensation to ease the burden.
Your lawyer will look into your work history to determine whether you were exposed to asbestos. This will enable them to find companies that manufactured the asbestos-containing products responsible for your illness.
Statute of Limitations
A lawsuit against negligent asbestos producers must be filed within a certain time period, also called the statute of limitations. The clock starts ticking when the victim or their family members learn that they have an asbestos-related condition and it is crucial to act as quickly as is possible.
A successful asbestos lawsuit could compensate a victim or their loved family members for their losses, which include medical bills, home health care costs, lost wages, lost quality of life, and funeral and burial expenses. Mesothelioma victims may also qualify for compensation for pain and suffering, 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 condition, such as lung cancer or asbestosis. However, mesothelioma takes decades to manifest, meaning many asbestos sufferers don't know they have a mesothelioma diagnosis until after the time limit has passed. For this reason, it is important to contact an asbestos attorney as soon as you can.
Asbestos litigation is 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 that applies to a claim. Moreover, victims who have been diagnosed with more than one asbestos-related disease may be subject to different limitations statutes.
It is essential to consult with an asbestos lawyer to ensure that you don't miss out on the deadline for filing a lawsuit. A seasoned attorney can help you decide which legal options will be the best for your situation and will work hard to come up with a fair solution. If no suitable agreement is reached the lawyer will be prepared to go to trial.
Asbestos sufferers should also think about filing a claim with an asbestos trust fund to receive compensation for their injuries. These funds are set aside by companies that used to manufacture asbestos products to cover the medical expenses of victims and compensation for their losses and other damages. Your asbestos lawyer can determine if your claim can be submitted to the asbestos trust fund and assist you in 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 ailments can develop after a long time and can cause devastating complications such as mesothelioma, lung cancer and asbestosis.
Asbestos victims in New York need an experienced attorney to help make a claim, obtain proper medical care, and fight for compensation. An attorney can provide emotional support to help you through this difficult time.
The attorneys at Weitz & Luxenberg have an impressive track of success in asbestos litigation. The firm was established in 1986 and has grown to be an unmatched legal force. Their attorneys are highly skilled, caring and committed to their clients. They work hard to get compensation for asbestos-related illnesses and their families.
Asbestos suits are distinct from the typical personal injury lawsuit. These cases can be extremely complex and require specialized knowledge of asbestos laws regulations, rules, and procedures. Additionally, the plaintiffs are usually suffering from serious illnesses like mesothelioma or asbestos legal-related diseases that require accelerated filing of their claims.
In New York, defendants often encounter difficulties defending summary judgment motions against mesothelioma accusations. Prior to the recent decisions in Nemeth Parker and Juni defendants frequently lost these motions simply relying on the testimony of experts the plaintiffs to prove specific causality.
These recent rulings provide New York asbestos defense attorneys an opportunity to improve their chances. In three separate cases, the Appellate Division, First Department rejected and reversed summary judgment denials against tile producers for failing to produce counter-expert testimony with the amount of friable asbestos fibers present in their products.
The cases were handled by Justice Sherry Klein Heitler in NYCAL. Heitler has been in charge of 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 case lawsuits to her firm. The NYCAL cases are consolidated to streamline the trial process.
Find the Right Lawyer
If you or a loved one was diagnosed with an asbestos-related illness or condition, a seasoned NYC mesothelioma lawyer can evaluate your case and help you find the best legal solution. Your lawyer could file a lawsuit against companies that are responsible for your exposure to asbestos and assist you with obtaining compensation for your losses. Additionally, you may qualify for financial restitution through the U.S. government's asbestos trust funds.
Make sure you act quickly to avoid missing the deadline for filing a claim. After you have found a qualified asbestos lawyer you should speak with them for a complimentary consultation to discuss your case. This will allow you to get an understanding of their communication skills and how they approach a case similar to yours.
Mesothelioma law firms often handle cases nationwide. A firm that handles cases across the country has attorneys who are familiar with the laws in different states and can help find the best legal venue to file your claim. National firms can also aid you in the event that you are unable to get to their offices in order to conduct interviews or take depositions. They have representatives throughout the country that can meet with you.
Those with asbestos-related diseases, such as mesothelioma, are entitled to a substantial financial settlement. This compensation can be used to cover medical expenses as well as lost wages, damage to property and other losses. In addition, patients with mesothelioma may receive compensation for pain and suffering.
Workers who have been exposed to asbestos on the job are at risk for numerous lung ailments and illnesses like mesothelioma. Exposure can occur on military bases and ships, power plants, shipyard repair, construction, and other fields. Workers who worked with insulation, pipefitting boiler making and shipbuilding systems are at risk of asbestos exposure. In addition, the families of those working in these industries are at risk of developing mesothelioma.
Asbestos sufferers may bring a lawsuit against people who put them at risk of exposure, like equipment manufacturers, employers and even manufacturers. Asbestos attorneys will investigate your case, identify the defendants, and gather evidence to prove the liable parties who were negligent in causing your illness. Once they have all the facts they require, they'll make civil lawsuits prior to the deadlines that is set by your state.
How to File Your Claim
A successful asbestos claim may provide compensation to victims for medical expenses, lost income and pain and suffering. It could also cover funeral expenses and other financial losses. A mesothelioma attorney can help the victim and their family to file an asbestos lawsuit or seek compensation through other legal avenues, including trust funds or veterans' benefits from the Department of Veterans Affairs (VA).
It is essential to have a complete history of asbestos exposure and your diagnosis to be eligible for a settlement. This includes medical records, employment records and witness statements. Mesothelioma lawyers collaborate with specialists that can review the records to make sure they are adequate to be used in a lawsuit.
An experienced asbestos attorney will begin the process of filing an action by writing a legal document, known as a complaint. This document, also known as a pleading, provides the legal reasons behind the lawsuit, and lists asbestos companies as defendants. The document also includes a list of all your injuries and losses.
In many states, there is an act that restricts the time it takes to file an action. Your attorney will determine the deadlines in your state and ensure that you don't miss any important deadlines. They will also discuss the options available for compensation, including workers' compensation and VA benefits.
Once the pleading has been filed, your lawyer will do additional research to strengthen your case and collect evidence. This could include contacting colleagues, examining your employment information and locating additional asbestos companies that could be responsible for your exposure.
Furthermore your lawyer can assist you file a claim through asbestos trust funds that were set up by bankruptcy asbestos companies. These funds can help you recover compensation without going to trial.
Asbestos-related victims are diagnosed with a variety including mesothelioma and lung cancer. Asbestos exposure could be a long time ago. A knowledgeable New York asbestos attorney can help you understand your rights and assist in pursuing compensation for your damages. Sokolove Law is committed to assisting victims of asbestos-related diseases and their families. Contact us to set up an appointment.