Asbestos Lawyers
Asbestos attorneys know how to use evidence like medical records and documents from the workplace to build solid cases. These records can be difficult to get in the absence of the resources of an asbestos law firm.
A seasoned asbestos lawyer can help victims decide on whether to file a suit or trust fund claim or claim for veterans benefits. They can also explain the benefits and disadvantages of each.
Workplace Exposure
Asbestos is frequently found in workplaces. Workers in industrial environments such as textile mills, power plants and shipyards have a high risk of being exposed asbestos-containing products that pose a risk and causing an asbestos-related illness. Asbestos attorneys help those who work there and their families pursue compensation for their suffering.
Second-hand exposure is a possibility for those who don't work with asbestos. This is more common among family members of those who work with asbestos because asbestos fibers are able to get on clothing and other objects and cause them to be breathed in later on. Patients diagnosed with asbestos-related illnesses such as lung cancer and mesothelioma can seek compensation from the companies that made and sold the products they used.
There are many types of asbestos lawsuits, including claims for personal injury, product liability and wrongful death. The specific lawsuit the plaintiff files will be based on the circumstances in which they were exposed to asbestos and where it occurred. If someone was exposed at a school built or owned by an asbestos-related company, they can make a claim for premises liability against the company.
A New York mesothelioma attorney can help victims determine the kind of lawsuit they wish to bring. In general, New York statutes of limitations allow victims to file for three years from when they receive a diagnosis to file a asbestos lawsuit. For victims of wrongful death, they have two years to file their lawsuit for wrongful death.
In cases of occupational exposure, victims may sue the companies that sold them asbestos-containing products and those who improperly handled and installed those products. Some of these companies have filed for bankruptcy, which resulted in huge settlements to employees who developed asbestos-related diseases and mesothelioma.
Asbestos victims also have the option to file a claim through an asbestos trust fund which is a pool of money that was set aside by the companies to pay for asbestos-related medical bills and other expenses. New York law provides for the establishment of these funds to pay asbestos victims who aren't able to raise enough funds to pursue their legal rights.
Non-Industrial Exposure
Asbestos lawyers represent clients who have suffered asbestos-related diseases as a result of asbestos exposure that is not occupational. These kinds of cases are typically more difficult to prove, however it is still possible for the victims and their families to be awarded compensation. People who are exposed to asbestos outside of their work environments may develop mesothelioma and other diseases that require costly medical treatment and cause pain and suffering. A New York asbestos lawyer can help victims file a lawsuit against the individuals or companies responsible for their exposure.
Asbestos is a naturally occurring mineral that can be found in a variety of forms on the earth. It is a fibrous substance that can be broken down into fine, strong threads. It is resistant against corrosion and heat, and is fire-resistant. Asbestos has been used for many years as an electrical and thermal insulation material. However it was discovered that asbestos could cause serious health problems such as mesothelioma.
Mesothelioma, as well as other related diseases, are most common for those who work in industrial settings. Shipyard workers, for instance, were exposed to asbestos while cleaning and repair of ships that were brought into shipyards to make repairs or maintenance. Auto dealerships or garages were also at risk because they handled brake shoes, clutch facings and linings containing asbestos. These illnesses are also more common in people who live near asbestos factories.
These are only one of the many jobs that could put workers at risk of asbestos-related diseases. Many of the diseases associated with asbestos take decades to manifest, and so those who were exposed in these workplaces are now suffering from symptoms and seeking compensation.
Asbestos lawyers can help victims file various types of lawsuits. People may be able to make an action for personal injury or premises liability depending on where and how they were exposed. If they suffer from mesothelioma, or another asbestos-related disease, they could bring a wrongful death suit against the person responsible. They can also bring a lawsuit for product liability against the manufacturer of asbestos-containing chemicals and products that they were exposed to.
Statute of limitations
A statute of limitations is a law that imposes a maximum time limit for filing a lawsuit. It is important for victims of asbestos exposure to contact an experienced lawyer prior to the deadline as they could lose their right to compensation. Asbestos lawsuits are classified into two categories: personal injury claims and cases of wrongful death. Each state has its own unique statute of limitations for these types of cases, and they may differ. A specialized New York mesothelioma attorney can assist you in understanding your state's laws and how they apply to your case.
Asbestos lawsuits often involve multiple factors that could affect the time limit including the date of diagnosis or death. Mesothelioma can not be diagnosed until decades after an initial exposure. Many victims are unaware that they have asbestos-related illnesses until their doctor diagnoses mesothelioma. In addition, some states have specific rules that allow the statute of limitation to begin on the day of 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 time frame for their asbestos lawsuit. Additionally, the mesothelioma lawsuit could be filed in more than one state if asbestos exposure occurred in multiple locations. This is particularly true if the person has worked in multiple industries, for example, shipyard repair repairs, heating system repair, construction, or even the Navy.
Mesothelioma lawyers are knowledgeable about these laws and can advise the best strategy for each client's specific situation. They can assist in pursuing an asbestos lawsuit or a claim against an asbestos trust fund.
An asbestos lawyer can provide other legal options for victims of exposure to asbestos, like workers compensation or private insurance. In some cases the amount of compensation received from a workers' compensation claim may not be sufficient to cover all of a patient's losses. Asheville asbestos attorneys could also qualify to receive compensation through an asbestos trust. Veterans who have been diagnosed as having an asbestos-related condition may also be eligible to receive VA health care and military benefits.
Compensation
In a majority of cases, asbestos-related disease victims could be entitled to compensation. This compensation includes the monetary value of pain and suffering loss of quality of life medical expenses, travel expenses and income loss, funeral and burial expenses for loved ones who passed away as a result of an asbestos-related disease, and other non-financial and financial damages.
Asbestos lawyers can help their clients obtain compensation from a variety of sources. They can bring personal injury or wrongful death lawsuit against the defendants accountable for their clients' exposure, file an appeal to a trust fund, or pursue other avenues of recovery. The lawyers of a reputable asbestos law firm will have the experience and resources to effectively pursue these claims.
Patients and their families who are suffering from mesothelioma deserve professional legal help. They should not be concerned about navigating complicated laws or filing paperwork on their own. An experienced mesothelioma lawyer will manage all aspects of the case, from preparing for trial and negotiating with insurance companies to negotiate the most favorable settlement.
An experienced attorney will have access to medical records, employment history, asbestos product testing results, and witness statements. This information can help the victim and family create a strong case.
The lawyers at an experienced asbestos law firm have an established of success, having won hundreds of millions of dollars for victims and their families. They also have raised awareness of asbestos-related illnesses.
An asbestos lawyer in New York can help you understand the options and rights you have to recover compensation. Attorneys that offer free consultations and operate on a contingent fee basis are usually able to meet with New York asbestos victims at their homes or at work.
Weitz & Luxenberg's asbestos lawyers have represented clients throughout the country and the world. The firm has recovered hundreds of millions of dollars in verdicts and settlements for mesothelioma victims, wrongful death, asbestosis and other asbestos-related diseases. They are regarded as an industry leader and was named a Plaintiff's Law Firm of the Year in Product Liability in 2013. They have offices throughout the United States, but they are available to travel to any place necessary.