Asbestos lawyers know how to build strong cases using evidence like medical records and other workplace documents. These types of documents are usually difficult to locate without the asbestos law firm's resources.
An experienced asbestos lawyer can guide the victims whether to file a lawsuit, trust fund claim or veterans benefit claim. They can also explain the advantages and drawbacks of each option.
Occupational Exposure
Asbestos exposure can be found in workplaces. Workers in industrial settings, such as textile mills and power plants, are at a higher risk of exposure to asbestos and developing asbestos-related illnesses. Asbestos lawyers help families of workers seek compensation for their pain and suffering.
In addition to people who work directly with asbestos, others could be exposed to it through second-hand exposure. This is more prevalent among family members of those who work with asbestos because asbestos fibers can easily get on clothing and other objects, causing them to be inhaled later on. People who suffer from asbestos-related diseases like lung cancer or mesothelioma could be able to seek compensation from companies who made and sold the products they used.
Several types of asbestos lawsuits could be filed that could be filed, including personal injury as well as product liability and wrongful death claims. The specific lawsuit the plaintiff files will be based on the way they were exposed to asbestos and the place it occurred. If an individual was exposed at a school built or owned by an asbestos-related company or company, they may bring a premises liability lawsuit against the company.
A New York mesothelioma attorney can help patients determine the type of lawsuit they want to pursue. In general, New York statutes of limitations give victims three years from the date they receive a diagnosis to file an asbestos lawsuit. For victims of wrongful death, they have two years to file a wrongful-death lawsuit.
In cases of occupational exposure, the victims can sue companies that sold them asbestos-containing items as well as those that improperly handled and installed those products. Certain of these companies declared bankruptcy, which resulted in huge settlements to employees who contracted asbestos-related illnesses and mesothelioma.
Asbestos victims can also claim compensation through an asbestos trust fund. This is a pooled sum of money that is set aside by companies to pay for medical expenses related to asbestos and other costs. New York law provides for the creation of these trust funds to compensate asbestos victims who don't have enough money to claim their legal rights.
Non-Industrial Exposure
Asbestos attorneys represent clients suffering from asbestos related illnesses due to non-occupational asbestos exposure. These cases are more difficult to prove, but victims and their families may still be awarded compensation. Exposure to asbestos in the workplace can result in mesothelioma, among other illnesses which can lead to costly medical treatment, as well as suffering. A New York asbestos attorney can assist victims in filing a lawsuit against the business or individuals responsible for their exposure.
Asbestos occurs naturally in the earth in various forms. It is a fibrous material that can be separated into fine, strong threads. It is resistant against corrosion and heat, and is flame retardant. Asbestos was extensively used in the past to enhance its thermal and electrical insulation properties however, it was discovered that this toxic substance can cause mesothelioma as well as other serious health conditions.
Mesothelioma, and other related diseases, are most common for those who work in industrial environments. Shipyard workers, for instance, were exposed to asbestos when cleaning and fixing ships that were brought into the shipyards to make repairs or maintenance. Workers in auto dealerships or garages were also at risk since they handled brake shoes, clutch faces and linings that contained asbestos. These illnesses are also more common in people who live in proximity to asbestos factories.
These occupations are just some of the many occupations that expose workers for health issues related to asbestos. A lot of the diseases that are caused by asbestos can take years to manifest, so people who were exposed in these jobs are now suffering from symptoms and seeking compensation.
Asbestos lawyers can assist victims file various types of lawsuits. Depending on how and where they were exposed to asbestos, individuals could be able to claim personal injury or premises liability. They may make a wrongful-death suit against the party responsible in the event that they die as a result of mesothelioma or another asbestos-related illness. They can also bring a product liability suit against the manufacturer of asbestos-containing products or the chemicals they were exposed to.
Statute of Limitations
A statute of limitation is a law that imposes an upper limit on the time for filing lawsuits. When the deadline is up asbestos victims must contact an experienced lawyer to protect their rights to be compensated. There are two types of asbestos lawsuits that are claims for wrongful death. Each state has a different statute of limitations that governs these cases. A specialized New York mesothelioma attorney can help you understand the laws in your state and how they apply to your situation.
Asbestos lawsuits typically involve a variety of factors that can influence the time limit like the date of diagnosis or death. Mesothelioma can not be diagnosed until decades after the initial exposure. Many victims are unaware of the existence of asbestos-related diseases until their doctor diagnoses mesothelioma. Additionally, certain states have special rules that allow the statute of limitation to begin on the date of the diagnosis or the death of a loved one rather than the usual date of exposure.
The place of the victim's residence or work place may also be a factor in the statute of limitations for their asbestos lawsuit. The mesothelioma case can be filed in several states if asbestos was detected at more than one location. This is especially true if an individual worked in a variety of sectors, such as repair at shipyards repairs to heating systems, shipyard repair, construction, and the Navy.
Mesothelioma lawyers are familiar with these laws and can advise the best course of action for each client's particular situation. They can help with the process of the filing of an asbestos lawsuit or a claim against an asbestos trust fund.
An asbestos lawyer may also explain other legal options for those who have been exposed to asbestos, such as workers compensation or private insurance. In certain cases, the compensation from a workers’ compensation claim may be insufficient to cover the entire loss. Victims may also be eligible for compensation through an asbestos trust. In addition, veterans who have been diagnosed with an asbestos-related illness may be able to file for military benefits and VA health treatment.
Compensation
In many cases, the victims of asbestos-related diseases can receive compensation for their losses. This compensation can include the amount of pain and suffering and loss of quality of life medical expenses, travel costs and income loss, home care costs, funeral and burial expenses for loved ones who passed away due to an asbestos-related illness, as well as other financial and nonfinancial damages.
Asbestos lawyers can help their clients obtain compensation from a variety of sources. They can file a lawsuit for personal injury or wrongful death against the defendants who are responsible for their client’s exposure. They may also file a claim to an trust fund or pursue other avenues for compensation. The lawyers of a reputable asbestos law firm will have the expertise and resources to successfully litigate these claims.
Mesothelioma patients and their families deserve comprehensive legal support, so they don't have to worry about completing paperwork or navigating complex laws on their own. A mesothelioma lawyer with experience will manage every aspect of the case, including prepping for trial and negotiating with insurance companies to secure the best settlement.
An experienced attorney will have access to medical records, employment histories, asbestos product testing results and witness statements. This information will help create a strong case for the victim and their family.
The lawyers at an experienced asbestos law firm have an impressive track record of success, winning hundreds of millions of dollars for families of victims. They have also raised awareness of asbestos-related illnesses.
If you reside in New York, an asbestos lawyer can assist you in understanding your rights and options for obtaining compensation. Lawyers who offer free consultations and operate on a contingency-based fee basis are often capable of meeting with New York asbestos victims at their homes or the workplace.
The asbestos lawyers at Weitz & Luxenberg have represented clients across the nation and around the world. The firm has recovered hundreds of millions of dollars in settlements and verdicts for mesothelioma victims asbestosis, wrongful deaths, and other asbestos-related illnesses. They are recognized for being an industry leader, and they were named the Plaintiff's law firm of the year for Product Liability in 2013 They have offices throughout the country however, they are also able to travel anywhere.
