NYC Asbestos Attorneys
Asbestos sufferers face a variety of financial costs, which can quickly increase. A skilled lawyer can help seek compensation that alleviates the burden.
Your lawyer will look into your work history to determine whether you were exposed to asbestos. This will allow them to identify companies that produced the asbestos-containing products responsible for your condition.
Statute of limitations
A lawsuit against negligent asbestos manufacturers must be filed within a specific time period, also called the statute of limitations. Once a person or a family member learns they suffer from an asbestos-related disease, the clock starts ticking.
A successful asbestos lawsuit can compensate a victim or their loved family members for their losses, such as medical expenses, home care costs, lost wages, lost quality of life, as well as funeral and burial expenses. Mesothelioma sufferers may also be eligible for compensation for mental distress and pain, as well as loss of consortium.
In some states, the statute of limitations can begin in the moment a person develops symptoms of an illness linked to asbestos like mesothelioma, asbestosis, or lung cancer. Because mesothelioma can take years to manifest itself, many asbestos sufferers are unaware of their diagnosis until after the statute of limitation has expired. For this reason, it is important to contact an asbestos attorney as soon as possible.
Asbestos litigation is a complex area and there are many factors that could affect the statute of limitations. For instance, the location of the asbestos exposure or employer will determine which state's statute of limitations applies to a particular claim. Additionally, some victims be diagnosed with multiple asbestos-related ailments, which can result in different statutes of limitations to run simultaneously.
In these circumstances, it is essential to speak with an experienced asbestos lawyer to ensure that you don't overrun the deadline for filing an action. An experienced attorney will assist you in deciding which legal option is most appropriate for your situation, and will do their best to come up with a fair solution. If no suitable agreement is reached the lawyer will be prepared to bring your case to trial.
Asbestos victims may also think about making a claim to recover compensation with an asbestos trust fund. These funds are set aside by companies who once produced asbestos-containing products to pay for the medical expenses of victims, compensation for their losses as well as other damages. Your asbestos lawyer will be able to determine if your claim can be placed in an asbestos trust fund and help you through the process.
Asbestos Litigation in New York
New York is one of the most important states 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 result in devastating complications like mesothelioma and lung cancer as well as asbestosis.
Asbestos victims in New York need an experienced lawyer to help file a claim, get proper medical care and fight for compensation. A lawyer can also be a vital source of emotional support during this difficult period.
Weitz & Luxenberg has a successful track record of asbestos litigation. Their firm was founded in 1986 and has grown into an unparalleled legal force. Their lawyers are highly skilled, compassionate and dedicated. They do their best to ensure that victims of asbestos illnesses and their families get the justice they deserve.
Asbestos suits are different from a typical personal injury lawsuit. These cases can be complex and require special understanding of asbestos laws, regulations and procedures. In addition, the plaintiffs are usually suffering from serious illnesses like mesothelioma and other asbestos-related diseases that require accelerated filing of their claims.
Defense lawyers in New York often face difficulty in defending summary judgment motions against mesothelioma lawsuits. Before the recent decisions in Nemeth Parker and Juni, defendants often lost these motions based solely on the testimony of an expert plaintiffs to prove causation.
These recent rulings give New York asbestos defense lawyers some hope. In three separate cases, the Appellate Division, First Department reversed and dismissed summary judgment denials against tile makers for their inability to provide counter-expert testimony that included figures of the friable levels of asbestos fibers present in their products.
The cases were handled by Justice Sherry Klein Heitler in NYCAL. Heitler has been managing the NYCAL docket since she replaced 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 firm. The NYCAL cases have been consolidated to streamline the trial process.
Find the right lawyer
If you or someone close to you was diagnosed with an asbestos-related disease, an experienced NYC mesothelioma lawyer can evaluate your case and assist you to find the best legal solution. Your lawyer can help you bring a lawsuit and seek compensation for your losses against companies that are responsible for asbestos exposure. You may also be eligible to receive financial compensation through the asbestos trust fund of the U.S. Government.
Make sure you act quickly to avoid not meeting the deadline to file an claim. Once you have found an
asbestos lawyer who is qualified, you should meet with them for a complimentary consultation to discuss your situation. This will help you gain an understanding of their communication abilities and how they approach a case similar to yours.
Many mesothelioma attorneys handle cases across the country. A firm that handles nationwide cases has lawyers who are acquainted with the laws in different states and can help you locate the most suitable legal place to submit your claim. National firms can also assist you in the event that you are unable to travel to their offices to conduct interviews or take depositions. They have representatives throughout the country that can come to you.
Individuals with mesothelioma or another asbestos-related disease are eligible to receive a substantial financial settlement. This compensation can be used to pay medical bills, lost wages, property damage and other expenses. In addition, victims of mesothelioma are entitled to compensation for pain and suffering.
The most harmful exposure during work can result in a variety of lung diseases, including mesothelioma. Exposure can occur on military bases and ships, power plants, shipyard repair, construction, automotive and other industries. Workers who work with insulation, pipefitting, boiler making and shipbuilding systems are at risk for asbestos exposure. Families of workers in these industries may also be at risk for mesothelioma.
asbestos compensation patients can file a suit against the people who put them at risk of exposure, such as employers, manufacturers of equipment and manufacturers. Asbestos lawyers will investigate your case and pinpoint the defendants. They will also collect evidence to prove that the accountable parties were negligent in causing the disease. Once they have the necessary information, they'll file a civil lawsuit before your state's deadline.
How to File a Claim
A successful asbestos claim may compensate victims for their medical expenses, lost income, and suffering. It could also cover funeral expenses and other financial losses. A mesothelioma attorney can help a victim and their family to file 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 crucial to have a complete history of
asbestos legal exposure and diagnosis to be eligible for a settlement. This includes medical records, as well as employment records and witness testimony. Mesothelioma attorneys work with specialists who look over these records and ensure they are as robust as they can be in support of a lawsuit.
An experienced
asbestos attorney will begin the process of filing a lawsuit by writing a document known as a complaint. The document, or an pleading, details the legal basis for the lawsuit and names asbestos companies as defendants. It also lists the extent of your losses and injuries.
In many states there is a statute of limitations that sets a deadline for asbestos lawsuits. Your attorney will provide you with the deadlines in your state to ensure that you don't miss any important dates. They will also discuss the various options for compensation, such as workers compensation and VA benefits.
After the pleading has been filed, your attorney will do additional research to strengthen your case and gather evidence. This could include speaking with colleagues, examining your employment background and looking for other asbestos-related companies that could be accountable for your exposure.
In addition your lawyer can assist you file a claim using asbestos trust funds that were set up by bankruptcy asbestos companies. These funds can assist you in obtaining compensation without needing to go to court.
Asbestos-related victims have been diagnosed with a variety of illnesses such as mesothelioma, asbestosis, and lung cancer. These diseases have a long latency period, meaning that it is likely that asbestos exposure occurred decades ago. A knowledgeable New York asbestos attorney can assist you in understanding your rights and assist in obtaining compensation for your losses. Sokolove Law is committed to helping victims of asbestos-related diseases and their families. Contact us today to arrange a free consultation.