Asbestos Lawyers
Asbestos lawyers know how to use evidence such as medical records and other documents from the workplace to create solid cases. These documents can be difficult to get in the absence of the resources of an asbestos law firm.
A skilled asbestos lawyer can advise the victims whether to start a lawsuit, a trust fund claim, or benefit claim. They can also provide the benefits and disadvantages of each option.
Workplace Exposure
Asbestos exposure often occurs in workplaces. Workers in industrial settings such as textile mills, power plants and shipyards face a high chance of being exposed to asbestos-containing products that pose a risk and causing an asbestos-related disease. Asbestos lawyers aid workers and their families pursue compensation for their suffering.
Second-hand exposure is possible for those who do not work with asbestos. This is more prevalent among family members of those who work with asbestos because asbestos fibers can easily get on clothing and other items which can cause them to be breathed in later. People who are diagnosed with asbestos-related diseases like mesothelioma, lung cancer can seek compensation from the companies that manufactured and sold the products used to expose them to asbestos.
There are several types of asbestos lawsuits, which include claims for personal injury, product liability, and the wrongful death. The kind of lawsuit that a person will file is based on the way and where they were exposed. For instance, if a person was exposed to asbestos at the school which was constructed or owned by a company that makes use of asbestos, they may bring a premises liability suit against that entity.
A seasoned New York mesothelioma lawyer can examine the type of lawsuit a victim is seeking. In general, New York statutes of limitations give victims three years from the date they are diagnosed to file a asbestos lawsuit. For victims of wrongful death, they have two years to file a wrongful-death lawsuit.
In cases involving occupational exposure, victims may bring a lawsuit against the companies who sold them asbestos-containing products as well as those that negligently handled and installed the products. Some of these companies went bankrupt, resulting in substantial settlements for those who contracted mesothelioma or other asbestos-related illnesses.
Asbestos victims can also opt to file a claim with an asbestos trust fund which is a fund of money set aside by the companies to pay asbestos-related medical expenses and other expenses. New York law allows for the establishment of these funds to compensate asbestos victims who do not have the money to pursue legal rights.
Non-Industrial Exposure
Asbestos attorneys represent clients who have suffered asbestos-related diseases as a result of asbestos exposure that is not occupational. These types of cases are generally harder to prove, but it is still possible for the victims and their families to be awarded compensation. Those who are exposed to asbestos in their work environments can develop mesothelioma or other diseases that require expensive medical care and result in suffering and pain. A New York asbestos attorney can help victims file a suit against the business or individuals accountable for their exposure.
Asbestos occurs naturally in the earth in various forms. It is a fibrous substance that is able to be broken into thin, durable threads. It is abrasive to corrosion and heat, and is fire-resistant. Asbestos was used for many years as a thermal and electrical insulation material. However, it was discovered that asbestos can cause serious health conditions like mesothelioma.
Those who worked in industrial environments were the most at risk of developing mesothelioma or other similar diseases. Shipyard workers for instance, were exposed to asbestos when they cleaned and repaired vessels that were brought into the shipyard for maintenance or repair. Auto garages and car dealerships also were at risk since these employees frequently handled clutch faces brake shoes, linings, and other components that contained asbestos. People who lived near asbestos factories were more susceptible to these kinds of illnesses.
These occupations are just some of the many occupations which put people at risk for health issues related to asbestos. Asbestos-related diseases can take decades to appear. People who were exposed to asbestos in these workplaces are now experiencing symptoms and are seeking compensation.
Asbestos attorneys can help victims file a variety of lawsuits. Depending on how and where they were exposed to asbestos, people could be able to claim personal injury or premises liability. They can make a wrongful-death suit against the responsible party in the event that they die due to mesothelioma or other asbestos-related illnesses. They may also make a claim for product liability against the company that made the asbestos-containing products or the chemicals they were exposed to.
Statute of Limitations
A statute of limitation is a law which sets a maximum time limit for filing lawsuits. Before the deadline runs out, asbestos victims should contact an experienced attorney to protect their rights to compensation. Asbestos lawsuits fall into two categories which are personal injury claims as well as wrongful death cases. Aurora asbestos attorney has its own statute of limitations for these cases and they can differ. A specialized New York mesothelioma attorney can help you understand the laws of your state and how they apply to your situation.
Asbestos lawsuits typically involve a variety of factors that could affect the statute of limitations like the date of diagnosis or death. For instance, mesothelioma-related symptoms can not be detected until decades after the victim's first exposure. This is why many patients don't realize that they suffer from an asbestos-related condition until they receive an mesothelioma diagnosis from a doctor. Certain states also have special rules that allow the statute of limitation to start the day following the diagnosis or death of a loved-one and not the date of exposure.
The place of work or residence can also impact the time frame for their asbestos case. In addition, the mesothelioma suit can be filed in multiple states if asbestos exposure was present at multiple locations. This is especially true when a person worked in several sectors, such as repair of shipyards, heating systems repair and construction, and the Navy.
Mesothelioma lawyers are knowledgeable about these laws and can determine the best strategy for each client's unique situation. They can assist with the pursuit of an asbestos-related lawsuit or a claim through an asbestos trust fund.
An asbestos lawyer can also explain other legal options for those who have been exposed to asbestos, such as workers compensation or private insurance. In certain cases the amount of compensation resulting from a workers' compensation claim may not be enough to pay for all losses. Victims may also be eligible for compensation through an asbestos trust. Veterans who have been diagnosed as having an asbestos-related condition could also be eligible to receive VA health care and military benefits.
Compensation
In many cases, asbestos-related disease victims are entitled to compensation. This compensation includes the monetary amount of suffering and pain, loss of quality of life, medical expenses, travel costs and income loss, home care expenses, funeral and burial costs of loved ones who have died due to an asbestos-related disease and other non-financial or financial damages.
Asbestos lawyers can assist their clients obtain compensation from a variety of sources. They can file a lawsuit for personal injury or wrongful death against the defendants accountable for their client's exposure. They can also submit claims to a trust fund or other avenues of compensation. The lawyers of a reputable asbestos law firm will have the expertise and resources to effectively pursue these claims.
Patients and their families who are suffering from mesothelioma need a complete legal assistance. They should not have to be worried about navigating complicated laws or completing paperwork on their own. The lawyers of a reputable mesothelioma law firm will handle every aspect of their case, including preparing to go to trial and negotiating with insurance companies in order to get the most favorable settlement.
An experienced attorney will have access to medical records, employment histories as well as asbestos product testing results and witness statements. This information can help the victim and family create a strong case.
Attorneys from an asbestos law firm that has experience will have a track of success, generating hundreds of millions of dollar for victims and their family members. They also have raised awareness of asbestos-related illnesses.
An asbestos lawyer in New York can help you to understand the options available and rights you have to seek compensation. Lawyers who provide free consultations and work on a contingency-based fee basis are often capable of meeting with New York asbestos victims at their homes or at the workplace.
Weitz & Luxenberg's asbestos lawyers have represented clients all over the globe and across the country. The firm has recovered hundreds millions of dollars for victims of asbestosis, mesothelioma and other asbestos-related illnesses. They are regarded as a leader in the field and were named a Plaintiff's Law Firm of the Year in Product Liability in 2013. They have offices throughout the country however, they are also able to travel anywhere.