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NYC Asbestos Attorneys
Asbestos sufferers face a variety of financial expenses that can add up quickly. A knowledgeable lawyer can assist find compensation to ease the burden.
Your attorney will study your work history and exposure to asbestos. This will enable them to track down the companies that manufactured asbestos-containing products that led to your illness.
Statute of limitations
A lawsuit against negligent asbestos producers must be filed within a specific timeframe, called 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 can compensate a victim or their loved family members for their losses, such as medical bills, home health care costs lost wages, loss of quality of life, as well as funeral and burial expenses. Mesothelioma sufferers may also be eligible for compensation for mental anguish and suffering and loss of consortium.
In some states the statute of limitations begins ticking when a person first experiences symptoms of an asbestos settlement-related disease such as mesothelioma lung cancer, or asbestosis. Because mesothelioma can take years to manifest, a lot of asbestos victims are not aware of their diagnosis until after the deadline for submitting a claim has passed. This is why it is essential to speak with an asbestos attorney as quickly as possible.
Asbestos litigation is complicated, and several factors can affect the statutes of limitation. For instance, the location of the asbestos exposure or employer can determine the state's statute of limitations that applies to a particular claim. Additionally, the victims could be diagnosed with multiple asbestos-related illnesses, which could result in different statutes of limitation to run simultaneously.
For these reasons, it is crucial to speak with an experienced asbestos attorney to make sure you don't overrun the deadline for filing an action. An experienced attorney will help you decide the legal options that are best for your case, and will work hard to come up with a fair solution. If there is no agreement reached the lawyer will be able to go to court.
Asbestos victims may also consider making a claim for compensation from an asbestos trust fund. These funds are set aside by businesses that once manufactured asbestos products to cover victims' medical expenses as well as compensation for their losses and other damages. Your asbestos lawyer will be able determine if your claim is eligible to be submitted to an asbestos trust fund and assist you in completing the procedure.
Asbestos Litigation in New York
New York is a prime location 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 could cause catastrophic complications, such as mesothelioma, lung cancer, and asbestosis.
Asbestos sufferers require a seasoned New York attorney to help them file a claim, obtain appropriate medical care and fight to get the compensation they deserve. A lawyer can offer emotional support to get you through this difficult moment.
The attorneys at Weitz & Luxenberg have an impressive track record of success in asbestos litigation. Their firm was founded in 1986 and has since grown into an unparalleled legal force. Their lawyers are highly skilled, compassionate and dedicated. They work tirelessly to help those suffering from asbestos-related illnesses and their families receive the compensation they deserve.
Asbestos suits differ from a typical personal injury lawsuit. These cases can be complex and require an expert knowledge of asbestos laws regulations, rules and procedures. Plaintiffs often have serious illnesses like mesothelioma, among others. asbestos-related diseases, and they need to file their claims as quickly as possible.
In New York, defendants often encounter difficulties defending summary judgment motions based on mesothelioma claims. Prior to the recent decisions in Nemeth, Parker and Juni, some defendants failed to win these motions based solely on attacking the testimony of experts by plaintiffs as insufficient to establish specific causation.
These recent rulings offer New York asbestos defense attorneys a glimmer hope. In three separate cases the Appellate Division of the First Department denied summary judgments and dismissed them against tile producers who failed to submit evidence from counter-experts that quantified the levels 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 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 company. The NYCAL cases have been consolidated to streamline trial processes.
Find the right lawyer
If you or a loved one was diagnosed with an asbestos-related disease an experienced NYC mesothelioma attorney can review your case and help determine 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 could also be eligible to receive financial compensation through the asbestos trust fund of the U.S. Government.
Be quick to prevent missing the deadline for filing an claim. It is recommended to schedule a complimentary consultation with an asbestos lawyer after you have found one. This will give you a better understanding of how well they communicate and how they will respond to cases similar to yours.
Many mesothelioma lawyers handle cases across the country. Choosing a firm that handles cases nationwide means that they have lawyers who are familiar with the laws of different states, and can help you in locating the best legal location for your case. A national firm can help you if you're unable to go to their offices for interviews or depositions because they have representatives across the country who are able to travel to you.
People suffering from asbestos-related diseases like mesothelioma are entitled to a substantial financial settlement. This compensation could be used to cover medical expenses, lost wages, damage to property, and other losses. Victims of mesothelioma may also be entitled to compensation for their pain and suffering.
The most harmful exposure during work can result in a range of lung diseases such as mesothelioma. Exposure can occur on ships and bases power plants, shipyards, repair, construction, automotive and other industries. Workers who worked in pipefitting, insulation and boiler manufacturing as well as heating systems and shipbuilding may be at risk of exposure to asbestos. Additionally, family members of those who work in these fields are at risk of developing mesothelioma.
Asbestos sufferers may file a suit against the parties who put them at risk of exposure, like equipment manufacturers, employers and manufacturers. Asbestos lawyers will investigate your case and pinpoint the defendants. They will also collect evidence to show that the accountable parties were negligent in causing the illness. Once they have this information, they will make a civil suit before your state's deadline.
How to File a Claim
A successful asbestos claim can 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 the victim and their family file an asbestos lawsuit or pursue compensation through other legal avenues, like 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 history of exposure to asbestos. This includes medical records, employment records and witness statements. Mesothelioma attorneys work with specialists who can examine these records and make sure they are as solid as possible to support the case.
A knowledgeable asbestos lawyer will begin the lawsuit process by drafting a document known as a complaint. The document, or pleading, lists the legal grounds for the lawsuit, and names asbestos companies as defendants. It also contains a list of your injuries and losses.
In many states there is law that limits the time to file an action. Your lawyer will inform you of the deadlines that apply in your state to ensure you don't miss any important dates. They will also talk about the options available to you for compensation, such as workers' compensation benefits as well as VA benefits.
After the pleading has been filed the lawyer will conduct additional research to build your case and gather evidence. This could include speaking with your coworkers, examining the employment history you have and locating asbestos-related companies that could be accountable for your exposure.
Your lawyer can also assist you file a lawsuit against asbestos trust funds established by insolvent asbestos companies. These funds can assist you to get compensation without having to go to trial.
Asbestos victims have been diagnosed with a myriad of diseases, including mesothelioma, asbestosis, and lung cancer. Asbestos exposure is likely have occurred years ago. An experienced New York asbestos attorney can help you understand your rights and assist you in obtaining the compensation you deserve for your injuries. The attorneys at Sokolove Law are dedicated to helping people suffering from asbestos-related illnesses and their families. Contact us today to arrange an appointment free of charge.
