Asbestos Lawyers
Asbestos attorneys know how to make use of evidence such as medical records and other documents from the workplace to construct strong cases. These documents can be difficult find when you don't have the resources of an asbestos law firm.
A knowledgeable asbestos lawyer can guide the victims whether to make a lawsuit, trust fund claim or benefit claim. They can also provide information on the advantages and drawbacks of each choice.
Workplace Exposure
Asbestos exposure often occurs in workplaces. Workers in industrial settings such as textile mills and power plants are at a greater chance of being exposed to asbestos and developing asbestos-related illnesses. Asbestos lawyers assist the families of asbestos workers to seek compensation for the pain they suffer.
Second-hand exposure is possible for people who do not work with asbestos. It is more frequent for family members to inhale asbestos fibers after being exposed by people who work with the material. This is because asbestos fibers are easily spread through clothing and other objects. People who are diagnosed with asbestos-related ailments like mesothelioma or lung cancer may seek compensation from the companies that manufactured and sold the products they used to expose them to asbestos.
Several types of asbestos lawsuits are possible which include personal injury as well as product liability and wrongful death claims. The type of lawsuit a person files will depend on how they were exposed to asbestos and where it occurred. If an individual was exposed to asbestos in a school that was built or owned by an asbestos company or company, they may bring a premises liability lawsuit against the entity.
A knowledgeable 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 their lawsuit for wrongful death.
In cases involving occupational exposure, the victims can sue the companies who sold them asbestos-containing products and those who improperly handled and installed those products. Wichita asbestos lawyers of these companies were bankrupt which led to substantial settlements for those who contracted mesothelioma and other asbestos-related diseases.
Asbestos victims may also claim compensation through an asbestos trust fund. This is a pooled sum of funds set aside by businesses to cover medical expenses relating to asbestos and other expenses. New York law allows for the creation of these funds to compensate asbestos victims that do not have the money to pursue legal rights.
Non-Industrial Exposure
Asbestos lawyers represent clients who have developed asbestos-related illnesses as a result of non-occupational asbestos exposure. These types of cases are generally harder to prove, however it is still possible for the victims and their families to be awarded compensation. Exposure to asbestos in the workplace can result in mesothelioma as well as other diseases which can lead to costly medical treatment and suffering. A New York asbestos attorney can assist victims in filing a lawsuit against the individuals or businesses responsible for their exposure.
Asbestos is a mineral naturally occurring that is found in various forms in the earth. It is a fibrous material that can be separated to form thin, durable threads. It is resistant against corrosion and heat as well as fire-resistant. Asbestos was extensively used as an electrical and thermal insulation material. However it was discovered that asbestos may cause serious health problems like mesothelioma.
Workers in industrial environments were the most at risk for developing mesothelioma and similar diseases. Shipyard workers, for example were exposed to asbestos while cleaning and repairing ships that were brought into the shipyards to make repairs or maintenance. Auto garages and dealerships for cars were also at risk, since these workers often handled clutch faces brake shoes, linings, and other components that contained asbestos. These illnesses are also more prevalent in those who live near asbestos-producing factories.
These are only a few of the numerous occupations that could put workers at risk of asbestos-related diseases. Asbestos-related diseases can take decades to be diagnosed. People who were exposed in these jobs are now suffering from symptoms and are seeking compensation.
Asbestos attorneys can help victims file several different types lawsuits. People may be able to make a claim for premises liability or personal injury according to the place and method by which they were exposed. If they die from mesothelioma, or another asbestos-related illness, they may file a wrongful-death suit against the responsible party. They can also make a claim for product liability against the manufacturer of asbestos-containing products and chemicals that they were exposed to.
Statute of Limitations
A statute of limitations is a law that imposes the maximum time limit for filing lawsuits. It is essential for those suffering of asbestos exposure to speak with an experienced lawyer prior to the deadline since they may lose their right to compensation. There are two primary types of asbestos lawsuits: personal injury and claims for wrongful death. Each state has its own statute of limitations for these types of cases and they can differ. A specialist New York mesothelioma attorney can assist you in understanding your state's laws and how they relate to your particular case.
Asbestos lawsuits are influenced by a number of factors, including the date of death or diagnosis. For instance, mesothelioma-related symptoms may not develop until years after the initial exposure. Due to this, many patients don't realize that they suffer from an asbestos-related illness until they receive an mesothelioma diagnosis from a doctor. Additionally, certain states have rules that permit the statute of limitations to start on the day of diagnosis or the death of a loved one rather than the usual date of exposure.
The location of the victim's home or work place may also be a factor in the statute of limitations for their asbestos lawsuit. The mesothelioma suit can also be filed in multiple states if asbestos was found at more than one location. This is particularly applicable if the person worked in multiple industries, for example, repair of shipyards heating system repair, shipyard repair construction, or even the Navy.
Mesothelioma lawyers are knowledgeable about these laws and can determine the best course of action for each client's unique situation. They can assist in pursuing an asbestos lawsuit or a claim through an asbestos trust fund.
An asbestos lawyer may also explain other legal options for victims of exposure to asbestos, such as workers compensation or private insurance. In certain cases, the compensation from a workers’ compensation claim might not be enough to cover the patient's entire loss. Victims could also be eligible to receive compensation through an asbestos trust. In addition, veterans who have been diagnosed with an asbestos-related disease may be able to apply for benefits from the military and VA health care.
Compensation
In a majority of cases, asbestos-related disease victims are entitled to compensation. This compensation can include the amount of pain and suffering loss of quality of life, medical costs, travel costs and income loss, home care expenses funeral and burial expenses of loved ones who have passed away because of an asbestos-related illness and various other financial or non-financial damages.
Asbestos attorneys can help their client's seek compensation from a variety of sources. They can bring personal injury or wrongful death lawsuit against the defendants responsible for their client's exposure, make an action against a trust fund or explore other avenues for recovery. The lawyers of a reputable asbestos law firm will have the knowledge and resources to effectively litigate these claims.
Mesothelioma patients and their families deserve comprehensive legal support, so they don't have to worry about filing papers or navigating the complicated laws on their own. The lawyers at a reputable mesothelioma law firm will handle every aspect of their case, including preparing to go to trial and negotiations with insurance companies to get the most favorable settlement.
An experienced lawyer has access to medical records and employment history and asbestos product testing results as well as witness statements. This information will aid the victim's family and build a strong case.
The attorneys at an experienced asbestos law firm will 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.
An asbestos lawyer in New York can help you to understand the options available and rights you have to claim compensation. New York asbestos victims can typically meet with lawyers who provide free consultations or work on the basis of a contingent fee.
The asbestos lawyers at Weitz & Luxenberg have represented clients across the nation and around the globe. The firm has secured hundreds of millions of dollars in settlements and verdicts for mesothelioma victims, wrongful death, asbestosis and other asbestos-related diseases. They are regarded as a leading company in the industry and was named a Plaintiff's Law Firm of the Year in Product Liability in 2013. They have offices across the country, but are also available to travel around the world.