What Experts Say You Should Be Able To
NYC Asbestos Attorneys
Asbestos victims are faced with a myriad of financial expenses that can quickly become a burden. A knowledgeable lawyer can help find compensation to ease the burden.
Your lawyer will look into 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 condition.
Statute of limitations
The statute of limitations is a time period within which a lawsuit against negligent asbestos producers must be filed. The clock begins ticking when the victim or their family members realize they have an asbestos-related disease It is therefore crucial to act as soon as is possible.
A successful asbestos lawsuit can compensate a victim or their loved ones for their losses, including medical bills, home health care costs lost wages, loss of quality of life, as well as funeral and burial costs. Mesothelioma patients may also be eligible for compensation for suffering and pain, mental anguish, and loss of consortium.
In some states the statute of limitations starts at the point that a person suffers symptoms of an illness linked to asbestos such as mesothelioma asbestosis, or lung cancer. Since mesothelioma may take a long time to manifest itself, many asbestos victims are not aware of their diagnosis until after the time limit has passed. It is therefore important to contact an asbestos lawyer as soon as you can.
Asbestos litigation is a complicated field and there are many factors that could affect the statute of limitations. The location of exposure to asbestos or the employer's location will determine the statute of limitations in the state applicable to a particular claim. In addition, victims who have been diagnosed with more than one asbestos-related disease could be subject to different limitations statutes.
For these reasons, it is essential to speak with an experienced asbestos lawyer to make sure you do not overrun the deadline for filing an action. A knowledgeable lawyer will help you decide the best legal options for your particular situation, and they will do their best to reach a fair settlement. If no agreement is reached then they'll be ready to go to trial.
Asbestos sufferers should also think about filing a claim with an asbestos trust fund in order to receive compensation for their injuries. These trust funds were established by companies that used to manufacture asbestos products in order to pay victims' medical expenses, compensation and other damages. Your asbestos lawyer will be able determine if your claim is eligible to be placed in 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 diseases can develop for after a long time and can cause devastating complications such as mesothelioma, lung cancer, and asbestosis.
Asbestos-related victims in New York need an experienced attorney to help to file a claim, receive the right medical treatment, and fight for compensation. A lawyer can provide emotional support to help you through this difficult period.
The attorneys at Weitz & Luxenberg have an impressive track record of success in asbestos litigation (published on Vancouverrowingclub). The firm was established in 1986 and has since grown into a formidable legal force. Their lawyers are highly skilled, caring and committed to their clients. They are dedicated to helping those suffering from asbestos-related illnesses and their families receive the justice they deserve.
Asbestos suits differ from the typical personal injury lawsuit. These cases can be complex and require specialized knowledge of asbestos laws regulations, rules and procedures. Plaintiffs often have serious illnesses such as mesothelioma and other asbestos-related diseases, which require them to file their claims quickly.
Plaintiffs who are defendants in New York often face difficulty defending summary judgment motions against mesothelioma lawsuits. Prior to the recent rulings in Nemeth, Parker and Juni, some defendants failed to win these motions based solely on attacking the expert testimony of plaintiffs as insufficient to establish specific causation.
These recent rulings give New York asbestos defense lawyers some hope. In three separate cases the Appellate Division, First Department reversed and dismissed summary judgment denials made against tile makers for their inability to present counter-expert evidence with quantifications of levels of friable asbestos fibers in their products.
The cases were handled by Justice Sherry Klein Heitler in NYCAL. Heitler is in charge of the NYCAL docket 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 towards her firm. The NYCAL cases are consolidated to speed up the trial process.
Finding 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 assist you to find the best legal solution. Your lawyer can help you file a lawsuit and seek compensation for the losses you suffered against the companies that are responsible for asbestos legal exposure. In addition, you could be eligible for financial restitution through the U.S. government's asbestos trust funds.
It is imperative to act fast to ensure that you do not overrun the time limit for filing an action. Once you have found an asbestos lawyer with experience, you should meet with them for a complimentary consultation to discuss your case. This will allow you to get an understanding of their communication skills and how they approach cases similar to yours.
Many mesothelioma attorneys handle cases across the nation. If you choose a firm that deals with cases across the nation means that they have lawyers who are familiar with the laws of different states, and can help you in locating the most suitable legal venue for your claim. A national company can also help you if not able to visit their offices for interviews or depositions because they have representatives across the country who can go to you.
People suffering from asbestos-related diseases, such as mesothelioma, are entitled to substantial financial compensation. This compensation could cover medical costs, lost wages, property damage and other losses. In addition, victims of mesothelioma are entitled to compensation for suffering and pain.
People who were exposed to asbestos on the job are at risk for numerous lung diseases and illnesses like mesothelioma. Exposure can occur on military bases and ships power plants, shipyards repair, construction, automotive and other industries. Workers who worked with insulation, pipefitting boiler making, shipbuilding, and heating systems are at risk for asbestos case exposure. Families of workers in these fields could also be at risk of mesothelioma.
Asbestos victims may file a lawsuit against the parties that put them at risk for exposure, like manufacturers, equipment makers, and employers. Asbestos attorneys will investigate your case and determine the defendants. They will also collect evidence to prove that the liable parties were negligent in causing the illness. Once they have this information, they will file a civil lawsuit before the deadline in your state.
How to File a Claim
A successful asbestos claim may pay victims for medical expenses, lost income, and pain and suffering. It could also pay for funeral costs and other financial losses. A mesothelioma lawyer can assist a victim and their family make an asbestos lawsuit, or pursue compensation through other legal avenues, such as trust funds or veterans benefits from the Department of Veterans Affairs (VA).
It is essential to have a complete record of asbestos exposure as well as your diagnosis to qualify for settlement. This includes medical documents, employment records and witness statements. Mesothelioma lawyers work with specialists that can review these records to ensure they are strong enough to be used in a lawsuit.
An experienced asbestos lawyer will begin the process of filing the lawsuit by writing a document referred to as a complaint. This document, also known as a pleading, describes the legal reasoning behind the lawsuit and names asbestos companies as defendants. It also contains a list of your losses and injuries.
In many states there is law that limits the time for filing an action. Your attorney will determine the deadlines in your state and ensure that you don't miss any important dates. They will also discuss your possible options for compensation, such as workers' compensation and VA benefits.
After the pleading has been filed, your lawyer will conduct additional investigation to strengthen your case and gather evidence. This may include interviewing coworkers, reviewing your work information and locating 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 may aid you in receiving compensation without going to court.
Asbestos-related victims have been diagnosed with a myriad of diseases, including mesothelioma, asbestosis and lung cancer. These diseases have a lengthy latency period, meaning that it is possible that exposure to asbestos occurred decades ago. An experienced New York asbestos attorney can assist you in understanding your rights and assist in obtaining the compensation you deserve for your injuries. Sokolove Law is committed to assisting victims of asbestos-related diseases and their families. Contact us today to arrange a free consultation.