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NYC Asbestos Attorneys
Asbestos victims have numerous financial costs that can add up quickly. A lawyer with experience in compensation will be able to help you get compensation to ease the burden.
Your attorney will research your work history and exposure to asbestos. This will allow them to identify companies that produced asbestos-containing products that caused your illness.
Statute of limitations
A lawsuit against negligent asbestos manufacturers must be filed within a certain timeframe, called the statute of limitations. The clock starts ticking when a victim or their family members discover they suffer from an asbestos-related condition It is therefore crucial to act as quickly as is possible.
A successful asbestos lawsuit can compensate a victim or their loved family members for their losses, such as medical bills, home care costs lost wages, loss of quality of life, and funeral and burial costs. Mesothelioma victims may also qualify for compensation for suffering and pain mental anguish, loss of consortium.
In some states the statute of limitations begins ticking when a person first suffers symptoms of an illness linked to asbestos, such as mesothelioma, asbestosis, or lung cancer. However, mesothelioma takes decades to manifest, meaning many asbestos victims don't realize they have a mesothelioma diagnosis until after the statute of limitations has expired. Therefore, it is important to contact an asbestos attorney as quickly as possible.
Asbestos litigation can be a complex area and a variety of factors could influence the statutes of limitations. For instance, the location of the asbestos exposure or employer will determine which state's statute of limitations applies to a claim. Moreover, victims who have been diagnosed with more than one asbestos-related disease could be subject to different limitations statutes.
This is why it is important to consult with an experienced asbestos lawyer to make sure you don't be late in filing a lawsuit. An experienced lawyer will help you decide which legal options are suitable for your particular situation, and they will work diligently to negotiate an equitable settlement. If there is no agreement reached the lawyer will be prepared to go to court.
Asbestos victims may also want to think about making a claim for compensation from an asbestos trust fund. These funds are set aside by companies who once produced asbestos-containing products to pay victims' medical expenses as well as compensation for their losses, and other damages. Your asbestos attorney will be able to determine whether your claim could be submitted to an asbestos trust fund and assist you with the process.
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 diseases can develop for years after exposure and could cause devastating complications such as mesothelioma and lung cancer as well as asbestosis.
Asbestos-related victims in New York need an experienced lawyer to help them file a claim, get proper medical attention and fight for compensation. An attorney can also be an essential source of emotional support during this stressful time.
Weitz & Luxenberg has a successful track record in asbestos litigation. The firm was founded in 1986 and has since grown to become an unrivaled legal force. Their attorneys are highly qualified, 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 different from a typical personal injury lawsuit. These cases are usually complex and require specialized understanding of asbestos laws regulations, procedures and rules. In addition, the plaintiffs are usually suffering from serious illnesses such as mesothelioma or other asbestos-related diseases that require accelerated filing of their claims.
Defendants who are defendants in New York often face difficulty fighting summary judgment motions in the face of mesothelioma lawsuits. Before the recent decisions in Nemeth Parker and Juni defendants frequently lost these motions by relying solely on the expert testimony of the plaintiffs to prove specific causality.
These recent rulings provide New York asbestos lawyers defense lawyers some hope. In three separate cases the Appellate Division of the First Department reversed summary judgment denials and dismissed them against tile manufacturers who failed to submit counter-expert testimony proving the amount of friable fibers present in their product.
The cases were decided in NYCAL where Justice Sherry Klein Heitler presided. Heitler has managed 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 were consolidated to streamline the trial process.
Find the right lawyer
A NYC mesothelioma lawyer can assist you if someone you love has been diagnosed with an asbestos-related illness. They will analyze your case to determine the most appropriate legal option. Your lawyer can make a claim against companies that are responsible for your exposure to asbestos and assist you in obtaining compensation for your losses. You could also be eligible for financial restitution through the asbestos trust fund of the U.S. Government.
You must act swiftly to ensure that you do not miss the statute of limitations for filing a claim. Once you have found a qualified asbestos lawyer you should speak with them for a complimentary consultation to discuss your situation. This will allow you gain a better understanding of their communication skills and the way they handle cases similar to yours.
Many mesothelioma lawyers work on cases across the country. Selecting a firm that handles cases across the country means they have attorneys who understand the laws of different states, and are able to assist you in locating the best legal location for your case. A national firm can help you if not able to visit their offices for interviews or depositions, as they have representatives across the country who can go to you.
Those with asbestos-related diseases, such as mesothelioma, are entitled to substantial financial compensation. This compensation may cover medical costs as well as lost wages, damage to property, and other losses. Mesothelioma patients may also be entitled to compensation for their pain and suffering.
Anyone who was exposed to asbestos on the job are at risk for numerous lung illnesses and diseases such as mesothelioma. Exposure to asbestos can happen in many industries which include power plants, shipyards, construction bases, military bases, automotive and vessels. Workers who were employed in pipefitting, insulation and boiler making as well as shipbuilding and heating systems may be at risk of asbestos exposure. Families of workers in these fields are also at risk of mesothelioma.
Asbestos victims can bring a lawsuit against parties that put them at risk of exposure, such as manufacturers as well as 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 disease. Once they have the information they need, they'll make a civil suit before the deadline in your state.
How to File a Claim
A successful asbestos claim could pay 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 in filing an asbestos lawsuit or pursue compensation through other legal avenues, such as trust funds or veterans benefits from the Department of Veterans Affairs.
It is essential to have a complete history of asbestos exposure and your diagnosis to qualify for settlement. This includes medical records, employment records, and witness statements. Mesothelioma attorneys collaborate with specialists who can look over these records and ensure they are as strong as possible to support a lawsuit.
An experienced asbestos attorney will begin the process of filing the lawsuit by writing a document known as a complaint. The document, also referred to as a pleading, describes the legal reasons behind the lawsuit, and lists asbestos companies as defendants. This document also contains the details of all your injuries and losses.
In many states there is a statute of limitations that gives a deadline for asbestos lawsuits. Your lawyer will inform you of the deadlines in your state to ensure you don't miss any important dates. They will also talk about the various options for compensation, including workers' compensation and VA benefits.
After the pleading has been filed, your lawyer will conduct additional research to support your case and gather evidence. This may include interviewing coworkers, reviewing your employment history and searching for additional asbestos-related companies that could be accountable for your exposure.
Your lawyer can also help you file a lawsuit against asbestos trust funds established by insolvent asbestos companies. These funds can aid you in receiving compensation without needing to go to court.
Asbestos-related victims are diagnosed with a variety including mesothelioma 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 in pursuing compensation for your losses. Sokolove Law is dedicated to assisting victims of asbestos-related diseases and their families. Contact us today for a an appointment for a no-cost consultation.