NYC Asbestos Attorneys
Asbestos victims face a number of financial expenses that quickly become a burden. A skilled lawyer can help to seek compensation that eases the burden.
Your lawyer will look into your work history to determine if you have been exposed to asbestos. This will enable them to find the companies that produced asbestos-containing products that led to your illness.
Statute of Limitations
A lawsuit against negligent asbestos manufacturers must be filed within a specific timeframe, called the statute of limitations. When a victim or a family member learns they suffer from an asbestos-related disease the clock starts ticking.
A successful asbestos lawsuit can pay a victim or their loved ones for their losses, which include medical bills, home health care costs lost wages, loss of quality of life, and funeral and burial costs. Mesothelioma patients may also be eligible for compensation for mental distress and suffering and loss of consortium.
In some states the statute of limitations begins to tick when they begin to show signs of an asbestos-related disease, such as lung cancer or asbestosis. Because mesothelioma can take years to manifest itself, many asbestos sufferers are unaware of their diagnosis until the deadline for submitting a claim has passed. Therefore, it is important to contact an asbestos lawyer as soon as possible.
Asbestos litigation is a complex area, and there are several factors that can influence the statute of limitations. For instance, the location of the asbestos exposure or employer will determine the state’s statute of limitation that applies to a particular claim. In addition, victims may have been diagnosed with multiple asbestos-related diseases, which can result in different statutes of limitation to run simultaneously.
In these circumstances, it is crucial to speak with an experienced asbestos lawyer to ensure you don’t overrun the deadline for filing a lawsuit. An experienced lawyer will help you decide which legal options are best for your situation, and they will work diligently to reach a fair settlement. If no agreement is reached, the lawyer will be prepared to go to court.
asbestos settlement victims should also consider filing a claim to an asbestos trust fund to receive compensation for their injuries. These funds are set aside by companies that once manufactured asbestos products to pay for the medical expenses of victims and compensation for their losses, and other damages. Your asbestos lawyer will be able determine if your claim could be submitted to an asbestos trust fund and assist you in completing 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 illnesses can develop for after a long time of exposure. They may cause devastating complications such as mesothelioma and lung cancer.
Asbestos-related victims in New York need an experienced lawyer to help them file a claim, get proper medical care and fight for compensation. An attorney can also be an essential source of emotional support during this stressful time.
Weitz & Luxenberg has a established track record in asbestos litigation. Their firm was founded in 1986 and has grown into a formidable legal force. Their attorneys are highly skilled, compassionate and committed to their clients. They work tirelessly to help sufferers of asbestos diseases and their families get the justice they deserve.
Asbestos lawsuits are different from the typical personal injury case. These cases are usually complex and require special understanding of asbestos laws regulations, procedures and rules. In addition, the plaintiffs are usually suffering from serious illnesses like mesothelioma and other asbestos-related diseases that necessitate accelerated filing of their claims.
In New York, defendants often encounter difficulties defending summary judgment motions against mesothelioma accusations. Prior to the recent rulings in Nemeth, Parker and Juni, some defendants failed to win these motions based solely on attacking the testimony of experts by plaintiffs as not sufficient to establish specific causation.
These recent rulings provide New York asbestos defense attorneys a glimmer hope. In three separate cases, the Appellate Division, First Department reversed and dismissed summary judgment denials against tile producers for failing to provide counter-expert testimony that included the amount of friable asbestos fibers in their products.
The cases were decided in NYCAL where Justice Sherry Klein Heitler presided. Heitler has been in charge of the NYCAL docket since she was appointed replacement for former Assembly Speaker Sheldon Silver in 2008 after the former speaker was found guilty of federal corruption charges. Sheldon Silver had accepted referral fees from Weitz & Luxenberg for directing asbestos lawsuits against her company. The NYCAL cases are consolidated to simplify the trial process.
Finding the Right Lawyer
A NYC mesothelioma attorney can assist you if someone you love has been diagnosed with an asbestos lawsuit-related illness. They will evaluate your case to determine the most effective legal option. Your lawyer can make a claim against companies that are responsible for the exposure you have to asbestos and help you obtain 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 not being able to file an claim. It is recommended to schedule a complimentary consultation with an asbestos lawyer when you have found one. This will allow you to get a better understanding of their communication abilities and how they approach cases similar to yours.
Many mesothelioma lawyers handle cases across the country. Choosing a firm that handles cases across the country means they have lawyers who are familiar with the laws of various states, and can assist you in finding the best legal venue for your claim. A national firm can assist you if you are not able 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 disease are eligible to receive a substantial amount of financial compensation. This compensation could cover medical expenses loss of wages, property damage and other losses. In addition, patients with mesothelioma may receive compensation for pain and suffering.
The most harmful exposure during work can lead to a variety of lung diseases, including mesothelioma. Exposure can be found on military bases and ships, power plants, shipyard repair, construction, automotive and other fields. Workers who worked in pipefitting, insulation and boiler manufacturing as well as shipbuilding and heating systems are at risk of asbestos exposure. Families of workers in these industries could also be at risk for mesothelioma.
Asbestos sufferers can bring a lawsuit against parties that put them at risk for exposure, like manufacturers of equipment, equipment makers, and employers. Asbestos attorneys will investigate your case and identify the defendants. They will also gather evidence to prove that the accountable parties were negligent in causing the illness. Once they have all the information they need, they will file civil lawsuits before the deadlines established by your state.
Filing Your Claim
A successful asbestos claim could compensate victims for medical expenses, lost income, and pain and suffering. It could also pay for funeral expenses and other financial losses. A mesothelioma lawyer can help victims and their families to file a lawsuit against asbestos or pursue compensation via other legal avenues such as trust funds or veterans benefits from the Department of Veterans Affairs.
To be eligible for a mesothelioma settlement it is important to have thorough documentation of the diagnosis and experience with asbestos. This includes medical records as well as documents from your job and witness testimony. Mesothelioma attorneys collaborate with specialists who can review these records and ensure they are as robust as they can be to support the case.
An experienced asbestos lawyer will begin the process of filing a lawsuit by writing a legal document, known as a complaint. This document, also known as a pleading, provides the legal reasoning behind the lawsuit, and lists asbestos companies as defendants. The document also includes an inventory of the losses and injuries you suffered.
In many states there is law that limits the time to file an action. Your attorney will inform you of the deadlines that apply in your state, to ensure you don’t miss any crucial dates. They will also go over the options available for compensation, such as workers’ compensation benefits and VA benefits.
After the pleading has been filed, your lawyer will conduct additional research to help build your case and collect evidence. This could include interviewing your coworkers, reviewing your employment history and locating asbestos-related companies that could be responsible for your exposure.
Your lawyer can also help you file a lawsuit against asbestos trust funds that were established by insolvent asbestos companies. These funds can assist you to recover compensation without going to trial.
Asbestos victims have been diagnosed with a variety of illnesses such as mesothelioma, lung cancer and asbestosis. Asbestos exposure is likely have occurred years ago. A knowledgeable New York asbestos attorney can assist you in understanding your rights and assist in pursuing compensation for your damages. The lawyers at Sokolove Law are dedicated to helping people suffering from asbestos-related diseases and their families. Contact us to schedule an appointment.