NYC Asbestos Attorneys
Asbestos victims face a myriad of financial expenses that can add up quickly. A knowledgeable lawyer can assist find compensation to ease the burden.
Your lawyer will investigate your work history and exposure to asbestos. This will enable them to track down companies that made the asbestos-containing products responsible for your illness.
Statute of limitations
The statute of limitations is a time period within which lawsuits against negligent asbestos producers must be filed. As soon as a victim or family member discovers they have an asbestos-related illness the clock starts ticking.
A successful asbestos case (
knowing it) can compensate the victim or their loved ones for their losses. This could include medical bills, homecare costs loss of wages, quality of life as well as funeral and burial costs. Mesothelioma patients may also be eligible for compensation for mental suffering and pain as well as loss of consortium.
In certain states, a person's statute of limitations begins to tick when they begin to show signs of an asbestos-related disease such as asbestosis or lung cancer. Because mesothelioma can take years to manifest itself, many asbestos sufferers are unaware of their diagnosis until the statute of limitation has expired. For this reason, it is essential to speak with an asbestos attorney as soon as you can.
Asbestos litigation is a complex area and there are many aspects that could impact the statute of limitations. For instance, the location of the asbestos exposure or employer can determine the state's statute of limitation that applies to a particular claim. Additionally, those who have been diagnosed with more than one asbestos-related disease could be subject to different statutes of limitations.
It is therefore important to speak with an asbestos lawyer to ensure you do not be late for filing a lawsuit. A seasoned lawyer can assist you in determining which legal options are suitable for your situation. Additionally, they will work diligently to reach a fair settlement. If no suitable agreement is reached, they will be ready to take your case to trial.
Asbestos victims might also look into filing a claim for compensation with an asbestos trust fund. These funds are set aside by companies that once manufactured asbestos products to cover victims' medical expenses and compensation for their losses and other damages. Your asbestos lawyer will be able determine if your claim could be placed in an asbestos trust fund and help you in the procedure.
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-specific claims. Asbestos-related illnesses can develop for years after exposure. They may cause devastating complications like mesothelioma or lung cancer.
Asbestos sufferers require a seasoned New York attorney to help them make a claim, get the right medical treatment and fight for the compensation they are due. An attorney can also be an essential source of emotional support during this stressful time.
Weitz & Luxenberg has a proven track record in asbestos litigation. The firm was established in 1986 and has grown to become an unrivaled 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 compensation they deserve.
Asbestos suits are distinct from the typical personal injury lawsuit. These cases are usually complex and require specialized understanding of asbestos laws, regulations and procedures. Plaintiffs are often diagnosed with serious diseases such as mesothelioma and other asbestos-related illnesses, which require them to file their claims as quickly as possible.
Defense lawyers in New York often face difficulty in defending summary judgment motions against mesothelioma claims. Prior to the recent decisions in Nemeth Parker and Juni defendants frequently lost these motions simply relying on the testimony of experts plaintiffs to prove causality.
These recent rulings provide New York asbestos defense lawyers some hope. In three separate cases, the Appellate Division, First Department reversed and dismissed summary judgment denials against tile manufacturers for their failure to present counter-expert evidence with quantifications of levels of friable asbestos fibers in their products.
The cases were heard 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 lawsuits to her firm. The NYCAL cases have been consolidated to simplify trial processes.
Finding 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 right legal solution. Your lawyer can assist you to bring a lawsuit and seek compensation for your losses against companies responsible for asbestos exposure. You may also be eligible for financial restitution through the asbestos trust fund of the U.S. Government.
It is imperative to act fast to ensure that you don't miss the statute of limitations to file an claim. Once you have located an asbestos lawyer who is qualified, you should meet with them for a no-cost consultation to discuss your case. This will allow you to get a better understanding of their communication skills and the way they handle cases similar to yours.
Many mesothelioma lawyers handle cases across the country. Selecting a firm that handles cases across the nation means that they have attorneys who understand the laws of various states, and can assist you in locating the most suitable legal venue for your claim. A national company can also help you if you're unable to visit their offices for depositions or interviews, as they have representatives throughout the country that can travel to you.
People suffering from mesothelioma and other asbestos-related illness are eligible to receive a substantial financial settlement. This compensation can cover medical costs as well as lost wages, property damage and other losses. Patients with mesothelioma could also be entitled to compensation for their pain and suffering.
The most harmful exposure during work can result in a variety of lung diseases such as mesothelioma. Exposure can occur on military bases and ships power plants, shipyards, repair, construction, automotive and other fields. Workers who work with pipefitting, insulation boiler making, shipbuilding, and heating systems are at risk for asbestos exposure. Families of workers in these industries are also at risk for mesothelioma.
Asbestos patients can bring a lawsuit against individuals who put them at risk of exposure, such as employers, equipment manufacturers, and manufacturers. Asbestos lawyers will look into your case and identify the defendants. They will also gather evidence to prove that the liable parties were negligent in causing the illness. Once they have all the information they require, they'll bring civil lawsuits within the deadline set by your state.
How to File Your Claim
A successful asbestos claim may pay victims for medical expenses, lost income and suffering and pain. It may also cover funeral expenses and other financial losses. A mesothelioma attorney can help a victim and their family file an
asbestos lawsuit or pursue compensation through other legal avenues, such as trust funds or veterans benefits from the Department of Veterans Affairs (VA).
To qualify for a mesothelioma settlement it is important to have an accurate record of the diagnosis and your previous exposure to asbestos. This includes medical documents, employment records and witness statements. Mesothelioma lawyers work with specialists that can review the records to make sure they are adequate to support a suit.
An experienced
asbestos attorney will begin the process of filing the lawsuit by writing a document known as a complaint. This document, or plea, lays out the legal reasons for the lawsuit and names asbestos companies as defendants. This document also contains an inventory of the losses and injuries you suffered.
In many states there is an act that restricts the time it takes to file a lawsuit. Your lawyer will inform you of the deadlines in your state to ensure you don't miss any important dates. They will also discuss the options available for compensation, such as workers' compensation and VA benefits.
Once the pleading is filed the lawyer will conduct further research to support your case and gather evidence. This may include interviewing coworkers, reviewing your work history and searching for additional asbestos companies that could be accountable for your exposure.
Your lawyer can also help you file a lawsuit against asbestos trust funds set up by insolvent asbestos companies. These funds may aid you in receiving compensation without needing to go to court.
Asbestos-related victims have been diagnosed with a range of ailments such as mesothelioma, asbestosis and lung cancer. Asbestos exposure could have occurred years ago. A New York
asbestos lawyer can help you understand your rights under the law and assist you with pursuing compensation for damages. The attorneys at Sokolove Law are committed to helping people suffering from asbestos-related diseases and their families. Contact us to schedule an appointment.