NYC Asbestos Attorneys
asbestos legal sufferers face a variety of financial burdens, which can quickly add up. A knowledgeable lawyer can assist find compensation to ease the burden.
Your attorney will investigate your employment history to determine if you have been exposed to asbestos. This will allow them to find companies that manufactured the asbestos-containing products responsible for your illness.
Statute of Limitations
A lawsuit against negligent asbestos manufacturers must be filed within a specific time frame, known as the statute of limitations. Once a person or family member discovers they suffer from an asbestos-related disease the clock starts ticking.
A successful asbestos lawsuit could provide a victim or loved ones for their losses, which include 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 pain and suffering, mental anguish, and loss of consortium.
In certain states the statute of limitations begins to tick when they first begin to experience symptoms of an asbestos-related disease such as lung cancer or asbestosis. But mesothelioma can take decades to develop, which means that many asbestos victims do not know they have a mesothelioma diagnosis until after the time limit is over. This is why it is important to contact an asbestos attorney as soon as possible.
Asbestos litigation is a complicated field, and there are several factors that could affect the statute of limitations. The location of exposure to asbestos or the employer can determine the state statute of limitations that applies to a claim. Additionally, those who have been diagnosed with more than one asbestos-related disease may be subject to different limitations statutes.
It is therefore important to speak with an asbestos compensation lawyer to ensure that you don't miss out on the deadline to file an action. An experienced attorney will assist you in deciding the legal options that are most appropriate for your situation, and will be able to find a fair settlement. If no agreement can be reached the lawyer will be prepared to take your case to the court.
Asbestos victims may also want to think about making a claim to recover compensation from an asbestos trust fund. These funds are set up by companies that once produced asbestos-based products to cover victims' medical expenses, compensation, and other damages. Your asbestos lawyer will be able determine if your claim should be put into a trust fund for asbestos and help you through the process.
Asbestos Litigation in New York
New York is a prime jurisdiction for asbestos litigation. The state is third nationally for the number of asbestos cases filed and second for mesothelioma-specific claims. Asbestos-related diseases can manifest years after exposure. They can cause devastating complications like mesothelioma or lung cancer.
Asbestos victims require an experienced New York attorney to help them file a claim, obtain proper medical care and fight for the compensation they deserve. A lawyer can offer emotional support to get you through this difficult time.
The attorneys at Weitz & Luxenberg have an impressive record of success in asbestos litigation. Their firm was founded 1986 and has since grown to be an unmatched legal force. Their lawyers are highly educated and compassionate. They do their best to ensure that those suffering from asbestos-related illnesses and their families get the compensation they deserve.
Asbestos lawsuits differ from the typical personal injury case. These cases are often complicated and require specialized understanding of asbestos laws, regulations and procedures. Plaintiffs often have serious illnesses such as mesothelioma and other asbestos-related illnesses, which require them to file their claims as quickly as possible.
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 often lost these motions based solely on the testimony of experts the plaintiffs to prove specific causality.
These recent rulings give New York asbestos defense lawyers an opportunity to see a light. In three separate cases, the Appellate Division of the First Department denied summary judgments and dismissed them against tile producers who failed to provide counter-expert testimony proving the amount of friable fibers contained in their product.
The cases were heard by Justice Sherry Klein Heitler in NYCAL. Heitler has been in charge of the NYCAL docket ever since she was appointed replacement for the 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 towards her firm. The NYCAL cases have been consolidated to streamline trial processes.
Finding the Right Lawyer
If you or someone close to you was diagnosed with an asbestos-related illness, an experienced NYC mesothelioma lawyer can evaluate your case and help determine the best legal solution. Your lawyer could file a lawsuit against companies responsible for your exposure to asbestos, and assist you in obtaining compensation for the losses you suffered. You could 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 being able to file an claim. It is recommended to schedule a complimentary consultation with an asbestos lawyer after you have located one. This will give you a better idea of how they communicate and their approach to cases similar to yours.
Many mesothelioma lawyers handle cases across the nation. Choosing a firm that handles cases nationwide means that they have attorneys who understand the laws of different states, and can assist you in finding the best legal avenue for your claim. A national firm can also help you if you're unable to visit their offices for interviews or depositions, as they have representatives across the country who are able to travel to you.
Patients suffering from mesothelioma or any other asbestos-related disease are eligible to receive a substantial financial settlement. This compensation can be used to cover medical expenses and lost wages, as well as damage to property, and other losses. Patients with mesothelioma could also be entitled to compensation for their pain and suffering.
A poor exposure at work can result in a variety of lung diseases that include mesothelioma. The exposure to asbestos can be found in a variety of industries which include shipyards, power plants, construction bases, military bases, automotive and vessels. Workers who worked in pipefitting, insulation and boiler making as well as heating and shipbuilding systems may be at risk of exposure to asbestos. Families of workers in these industries are also at risk for mesothelioma.
Asbestos sufferers may sue individuals who put them at risk of exposure, such as equipment manufacturers, employers and even manufacturers. Asbestos attorneys will investigate your case and pinpoint the defendants. They will also gather evidence to prove that the liable parties were negligent in causing the disease. Once they have all the information they need, they will bring civil lawsuits within the deadlines that is set by your state.
How to File a Claim
A successful asbestos claim may pay victims for medical expenses, lost income and pain and suffering. It may also cover funeral costs and other financial losses. An attorney for mesothelioma can assist victims and their families to file a lawsuit against asbestos or seek compensation through other legal avenues, such as trust funds or benefits for veterans from the Department of Veterans Affairs.
It is essential to have a complete record of asbestos exposure and your diagnosis to be eligible for an settlement. This includes medical documents, employment records and witness statements. Mesothelioma lawyers work with specialists that can review these records to determine if they are strong enough to be used in a lawsuit.
A skilled asbestos lawyer will begin the process of bringing a lawsuit by drafting a document known as a complaint. The document, which is also known as a pleading, describes the legal reasoning behind the lawsuit, and names asbestos companies as defendants. The document also includes an inventory of all your injuries and losses.
In many states, there is a statute of limitations which gives a deadline for asbestos lawsuits. Your attorney will determine the deadlines in your state and ensure you do not 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 the lawyer will conduct further 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 assist you file a lawsuit against asbestos trust funds set up by insolvent asbestos companies. These funds can help you obtain compensation without going through trial.
Asbestos sufferers are diagnosed with a variety including mesothelioma and lung cancer. These diseases have a lengthy time to develop, which means it is possible that exposure to asbestos occurred decades ago. A knowledgeable New York asbestos attorney can help you understand your rights and assist in obtaining the compensation you deserve for your injuries. Sokolove Law's lawyers Sokolove Law are committed to helping those suffering from asbestos-related diseases and their families. Contact us to set up an appointment.