Lawyers for Asbestos Cases
Residents of New York who have been diagnosed with an asbestos-related illness should seek out a law firm that has a specialization in mesothelioma for a free consultation. A lawyer can help you learn how to file for compensation through the court process or trust funds.
Certain lawyers are experienced in handling all types of claims. Others specialize in particular areas of asbestos law.
New York Courts
New York has a long history of asbestos exposure, and sufferers of asbestos-related diseases are seeking compensation. Many asbestos victims and their families are seeking mesothelioma lawsuits against the companies that made and sold asbestos-based products in the knowledge that asbestos-based products can cause mesothelioma as well as other illnesses. A successful mesothelioma suit forces these companies to take the blame for their actions.
Several New York judges have set special asbestos dockets, where cases are filed and dealt with more efficiently under specific rules. Additionally, some judges have combined cases involving workers in similar occupations to ensure that all claims receive the attention they deserve.
Asbestos victims in New York may also seek compensation from the asbestos trust funds created by bankrupt manufacturers. These funds are not subject to normal statutes of limitations, and the victims are able to file multiple claims through different trusts. A mesothelioma lawyer can help victims file a claim using the asbestos trust fund that is most suitable for their needs.
A successful mesothelioma case can result in millions of dollars in compensation for the victim and their loved ones. However, the victims must make sure they choose the right lawyer to represent them. To be able to be certified as mesothelioma lawyers, attorneys must meet strict qualifications and be in good standing at their bar associations.
Experienced New York mesothelioma attorneys can provide all the options to their clients which include filing lawsuits against negligent parties accountable for asbestos exposure. They can also help with other legal issues related to asbestos litigation. This includes getting medical records and other necessary evidence to support an investigation. New York asbestos patients should contact a mesothelioma lawyer now to begin their case. They can also review mesothelioma verdicts of other victims to determine the best method of proceeding. A reputable mesothelioma Law Firm such as Weisfuse & Weisfuse can help their client get the money they deserve. They have a proven track record of success, and have assisted thousands of people. They are dedicated to ensuring that their clients get the compensation they need to live an active, healthy life.
Statute of limitations
A statute of limitations is a law that imposes an expiration date within which a person has to make a claim or risk losing his or her legal rights. The time limit for personal injury and wrongful death cases differs based on the state and nature of the case.
In New York, asbestos lawsuits are only allowed for three years after a victim has been diagnosed with mesothelioma. The statute of limitations starts in the moment a person is diagnosed, which is known as the "discovery rule." Family members of a person who passed away from an asbestos-related illness can also bring a wrongful-death claim.
Because mesothelioma and other asbestos-related diseases take decades to develop, the statute of limitations for cases like this can be a bit tangled. This is why it's important to work with an experienced mesothelioma lawyer ensure the statute of limitations doesn't expire prior to the time a victim is given a diagnosis.
Asbestos-related losses can be compensated, including medical expenses, home care, lost income and funeral and burial expenses. Attorneys can help victims determine the worth of their losses and file a claim or lawsuit to get fair compensation.
Additionally, a knowledgeable mesothelioma attorney can help victims determine the appropriate venue to make claims. A lawsuit can be filed either in the state where the victim resides or in the state the state where the exposure occurred, and/or in the location where the asbestos company is located.
Many companies that manufacture asbestos-containing products also establish trust funds to pay victims' compensation. A knowledgeable attorney can assess whether a victim's claim may be eligible for a trust fund settlement. Jacksonville asbestos attorney can draft the case for trial even if a settlement isn't possible. Asbestos victims can receive compensation for their medical expenses including home care, lost income emotional stress, loss of quality of life and funeral and burial expenses. The attorneys at Weitz & Luxenberg can help asbestos victims and their families get the maximum compensation possible. Contact us now for a free case evaluation.
Expert Witnesses
The attorneys in asbestos cases typically depend on the expert testimony of specialists to present their case before a jury. This includes establishing the relationship between asbestos exposure and plaintiff's illness, identifying responsible parties and calculating the amount of damages.
The experts in asbestos cases are not only medical doctors, but also scientists, engineers, and other professionals with specific expertise in asbestos and its use as well as the consequences of exposure. Their work is essential in helping jurors understand complex scientific concepts and allow them to make informed decisions.
When the attorneys for the plaintiff are preparing to have an expert witness testify at deposition or trial They carefully scrutinize them. This includes reviewing their education, background and training, as well as any relevant publications or credentials they might have. An experienced lawyer will also verify that the license to practice of the potential expert is active and current.
Asbestos victims can recover compensation from the companies that sold, manufactured or distributed asbestos-containing goods which harmed them. Workers who were exposed to asbestos at work can collect substantial settlements for injuries, as can relatives of loved ones who suffered from asbestos-related illnesses like mesothelioma.
Most asbestos litigation is involving complex issues, such as statutes of limitation or statutes of repose, which are legal deadlines within which injured victims have to bring suit. The insidious nature of certain asbestos-related injuries can make the process of locating witnesses and records, as well as the process of the analysis of physical evidence.
It can take several years for asbestos-related illnesses to develop and it is difficult to establish the cause. An expert witness can help a plaintiff's attorney establish a link between exposure to asbestos and a serious illness such as mesothelioma. Expert witnesses can also demonstrate that a defendant violated safety regulations or had inadequate working conditions that could have slowed exposure.
During depositions or trials witnesses from an expert may be required to testify under the oath. The asbestos lawyer must prepare carefully for this procedure. The defense lawyers will examine the testimony and will look for minor inconsistencies as well as other issues that they can argue against the credibility of the expert.
Experience
The expertise of an asbestos lawyer's firm in cases can make a difference in a client winning or losing compensation. An experienced lawyer can assist victims in pursuing claims against contractors, manufacturers and asbestos trusts as well as other responsible parties. A lawyer with vast experience will also be familiar with the laws and procedures of a particular state, such as New York.
Attorneys who specialize in asbestos lawsuits as well as other types of injury litigation will understand the complicated laws that govern these cases. This includes the statutes of limitations, which dictate how long a plaintiff has to file a claim after their diagnosis. New York law requires that individuals diagnosed with mesothelioma or pleural asbestosis, or any other asbestos-related disease, file a lawsuit in three years from the date of diagnosis. In some cases however, the time limit for filing a lawsuit may be extended by an additional year or more.
The most experienced mesothelioma attorneys have successfully handled hundreds -- or even thousands - of cases. They are also able to investigate cases, identify potential defendants, and collect important evidence from asbestos patients. Their knowledge will enable them to develop a strong case for their clients, and to ensure that all legal requirements are met in the pursuit of the highest amount of compensation.
An experienced mesothelioma lawyer will also understand other ways to receive compensation, such as veterans benefits or asbestos trust fund claims. A lawyer who isn't an asbestos specialist might ignore these strategies and cause patients and their families to lose compensation.
Attorneys with experience will have access to extensive records regarding occupations and companies which may be linked to asbestos exposure. Belluck & Fox LLP, located in New York, and is a specialist in mesothelioma, has a database of information about what, where and when a patient was exposed to asbestos. These data can be used to help clients make a claim, a trust fund claim, or if they are applying for VA benefits.
National asbestos firms usually have offices in several states, including New York City. These firms can file and manage your case efficiently in the proper state. Moreover, these firms can travel to your workplace or home for depositions and interviews, without charging you for the costs associated with traveling.