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NYC Asbestos Attorneys
Asbestos victims are faced with a myriad of financial burdens, which can quickly increase. A lawyer that is experienced in compensation can assist you to seek compensation to alleviate the burden.
Your lawyer will review your employment history to determine if you were exposed to asbestos. This will help them identify the companies that made asbestos-containing products that led to your illness.
Statute of Limitations
The statute of limitations is a time period within which lawsuits against negligent asbestos producers has to be filed. The clock starts ticking once a victim or their family members learn that they have an asbestos-related illness and it is crucial to act as soon as is possible.
A successful asbestos case will help the victim or their loved ones for their losses. This could include medical bills, homecare expenses loss of wages, quality of life, as well as funeral and burial expenses. Mesothelioma victims may also qualify for compensation for suffering and pain mental anguish, loss of consortium.
In some states, a person's statute of limitations begins to tick when they begin to show signs of an asbestos-related illness, such as asbestosis or lung cancer. As mesothelioma can take decades to manifest, a lot of asbestos victims are not aware of their diagnosis until after the deadline for submitting a claim has passed. For this reason, it is crucial to speak with an asbestos lawyer as soon as you can.
Asbestos litigation is a complex field and there are many aspects that could impact the statute of limitations. The location of asbestos exposure or the employer's location will determine the statute of limitations in the state applicable to a particular claim. Moreover, victims who have been diagnosed with more than one asbestos-related illness may be subject to different limitations statutes.
It is therefore important to speak with an asbestos lawyer to ensure you do not miss out on the deadline to file a lawsuit. A knowledgeable lawyer will help you decide which legal options are suitable for your situation. Additionally, they will be diligent in attempting to reach an equitable settlement. If no agreement is reached, they will be ready to go to trial.
Asbestos victims might also consider filing a claim for compensation from an asbestos trust fund. These funds are set up by companies who once manufactured asbestos-based products to pay victims' medical expenses, compensation and other damages. Your asbestos lawyer will be able to determine if your potential claim can be filed with an asbestos trust fund and help you in 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 years after exposure and could cause devastating complications such as mesothelioma, lung cancer and asbestosis.
Asbestos victims need an experienced New York attorney to help them make a claim, get appropriate medical care and fight to get the compensation they deserve. A lawyer can also provide a vital source of emotional support during this stressful period.
The lawyers at Weitz & Luxenberg have an impressive of success in asbestos litigation. The firm was established in 1986 and has grown into a formidable legal force. Their lawyers are highly skilled, compassionate and committed to their clients. They work tirelessly in order to obtain compensation for asbestos-related diseases and their families.
Asbestos-related lawsuits differ from the typical personal injury case. These cases can be complex and require specialist knowledge of asbestos laws regulations, rules, and procedures. 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.
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 frequently lost these motions by relying solely on the testimony of an expert the plaintiffs to prove specific causality.
These recent rulings provide New York asbestos defense attorneys some hope. In three separate cases the Appellate Division, First Department rejected and reversed summary judgment denials made against tile producers for failing to provide counter-expert testimony that included quantifications of levels of friable asbestos fibers present in their products.
The cases were handled by Justice Sherry Klein Heitler in NYCAL. Heitler has managed the NYCAL docket since 2008 when she replaced 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 have been consolidated to simplify the trial process.
Find the right lawyer
If you or a loved one was diagnosed with an asbestos-related illness or condition, a seasoned NYC mesothelioma lawyer can evaluate your case and assist you to find the right legal solution. Your lawyer can assist you to bring a lawsuit and seek compensation for your losses against the companies that are responsible for asbestos exposure. You may also be eligible for financial restitution through the U.S. government's asbestos trust funds.
Act quickly to avoid missing the deadline for filing an claim. It is recommended to schedule a complimentary consultation with an asbestos lawyer once you have found one. This will give you a better idea of how they communicate and their approach to a case like yours.
Mesothelioma law firms often deal with cases across the country. A firm that handles cases across the country has lawyers who are acquainted with the laws in different states and can help you determine the most appropriate legal avenue to make your claim. A national company can also assist you if you are unable to visit their offices for depositions or interviews, as they have representatives throughout the country who are able to travel to you.
Individuals with mesothelioma or another asbestos-related disease can receive substantial financial compensation. This compensation can be used to pay medical bills as well as lost wages, property damage and other losses. Mesothelioma patients may also be entitled to compensation for their pain and suffering.
A poor exposure at work can result in a range of lung diseases that include mesothelioma. Exposure to asbestos can occur in many industries such as power plants, shipyards, construction bases, military bases, automotive and vessels. Workers who work with pipefitting, insulation, boiler making and shipbuilding systems are at risk of asbestos exposure. Furthermore, the family members of those working in these industries are at risk for mesothelioma.
Asbestos sufferers can bring a lawsuit against people who put them at risk of exposure, including employers, manufacturers of equipment and manufacturers. Asbestos lawyers will investigate your case and identify the defendants. They will also gather evidence to prove that the liable parties were negligent in causing the illness. Once they have this information, they will make a civil suit before your state's deadline.
Making a Claim
A successful asbestos claim could provide compensation for victims' medical expenses, lost income and suffering. It can also pay for funeral expenses and other financial losses. A mesothelioma attorney 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 diagnosis to be eligible for an settlement. This includes medical records, as along with the records of your employment and witness testimony. Mesothelioma lawyers work with specialists that can review these records to ensure they are adequate to be used in a lawsuit.
A knowledgeable asbestos lawyer will begin the lawsuit process by drafting a document referred to as a complaint. The document, also referred to as a pleading, provides the legal basis for the lawsuit, and names asbestos companies as defendants. It also contains a list of your losses and injuries.
In many states, there's a statute that limits the time to file lawsuits. Your lawyer will provide you with the deadlines in your state, to ensure you don't miss any crucial dates. They will also go over the various options for compensation, such as workers' compensation and VA benefits.
After the pleading has been filed, your lawyer will conduct additional research in order to build your case and collect evidence. This may include interviewing colleagues, examining your employment history and searching for additional asbestos 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 may help you receive compensation without needing to go to court.
Asbestos victims are diagnosed with various illnesses including mesothelioma and lung cancer. These diseases have a lengthy time of latency, which means that it is likely that exposure to asbestos happened 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. The lawyers at Sokolove Law are dedicated to helping victims of asbestos-related illnesses and their families. Contact us today to arrange a consultation.