When it comes to personal injury claims, we typically think of events that occur in the blink of an eye: a car accident, a slip and fall at a restaurant, or a sudden injury on the job. Some injuries that result in personal injury lawsuits, however, happen slowly over time. In the case of mesothelioma lawsuits, exposure to asbestos over years can result in serious illness that doesn’t appear for decades.
Unfortunately, many victims diagnosed with mesothelioma blame themselves for exposure to a deadly chemical: they cannot imagine that they would be entitled to compensation and fail to seek legal help. Meanwhile, medical bills continue to pile up and the necessary treatments become unaffordable.
The New York mesothelioma lawyers at Buttafuoco & Associates have helped many victims of asbestos exposure receive compensation for mesothelioma treatment, and we cannot emphasize enough how important to understand your rights. I’ll tell you more below about how to know whether you have a case and how an attorney can help you file a mesothelioma lawsuit.
Mesothelioma Lawsuits and Asbestos Exposure
Mesothelioma is a rare form of cancer that is commonly caused by asbestos exposure. Mesothelioma is known for being incredibly aggressive: covering internal organs and eventually leading to death. Because asbestos is found in so many products, people are often surprised to learn that it is a naturally-occurring mineral and not a chemical created in a lab.
Asbestos fibers are incredibly strong, not to mention heat-resistant, which made it a perfect choice of material for insulation, brakes, roofing, flooring, and other products. Exposure problems begin when asbestos is broken up (such as during the removal of a roof or floor). This creates toxic dust that can invade the lungs and stomach if it is breathed or swallowed. The irritation caused by the small fibers can eventually result in mesothelioma, but this can take anywhere from 20 to 60 years.
It’s important to keep in mind that for the most part, being exposed to asbestos does not result in being diagnosed with mesothelioma. However, you are at increased risk for the disease if you have been exposed to asbestos at your workplace, your home, or if you live with someone who works with this substance. Even if you are not directly exposed to asbestos, filing a mesothelioma lawsuit is possible. Working with a lawyer can help you determine whether you have a case and discuss how a mesothelioma settlement works.
Why Mesothelioma Lawsuits Can Be Tricky
When a personal injury lawsuit involves a sudden injury (such as after a car crash), it is typically clear who is at fault and to what degree. With mesothelioma lawsuits, where a victim discovers they have mesothelioma due to asbestos exposure over time, the victim may have been exposed to many different products that contain asbestos. This makes it harder to determine fault, and to know whether or not you are eligible to file a mesothelioma lawsuit.
Because asbestos was commonly found in a wide variety of products, it is entirely possible that a victim suffered dangerous asbestos exposure without being aware of it. While some people who worked in the construction industry or another job where asbestos was common may know the source of their exposure, others may not. This is simply because it can be difficult to recall the variety of scenarios where you may have been exposed, especially since there are so many asbestos containing products. As you can imagine, filing a complicated lawsuit without an attorney can be quite difficult.
In cases like this one, a New York mesothelioma attorney can be indispensable in helping you file a mesothelioma lawsuit. If you have been diagnosed with mesothelioma and believe your cancer could have been caused by asbestos exposure, it’s a good idea to connect with a lawyer to find out whether you have a case. Victims and their families can also be compensated in injury and in a wrongful death lawsuit, but working with a mesothelioma law firm is typically necessary in complicated personal injury cases such as these. Buttafuoco & Associates offers free consultations, and can discuss whether you have a case and how to file a lawsuit if you do.
What is the statute of limitations for mesothelioma settlements?
The statute of limitations for filing a lawsuit for mesothelioma patients and their families differs by state. If the claim is being made by the patient the statutes of limitations is 3 years in New York and 2 years in New Jersey however if the family is making a wrongful death claim it is 2 years in New York and 2 years in New Jersey.
How to File a Lawsuit
A mesothelioma attorney can be helpful in many ways, but first and foremost, they understand how to document and assemble evidence to file an asbestos lawsuit. They can conduct an investigation to determine the most likely causes of your asbestos exposure, including specific sources of asbestos in your workplace, in your home, and in the products you have used over the years. If the evidence is sufficient, they will then file a lawsuit.
In terms of arguing the case, your lawyer will have to first prove that you have had exposure to asbestos and confirm you have mesothelioma. Second, they must prove that your disease was caused by a specific defendant.
To do this, they will assemble a team of experts including scientists and medical experts. Medical experts will review X-rays, biopsies, and CT scans and share their findings when they testify during a trial or deposition. This will help your attorney prove that your mesothelioma was caused by asbestos exposure.
A mesothelioma attorney serving New York can also be invaluable in terms of responding to challenges that arise during the trial or settlement process. If you try to bring this type of case to court on your own without an attorney, one serious challenge you will face is in understanding the law. A good lawyer will help you decide whether a settlement offer is reasonable, ensure that defendants do not gain access to information they are not allowed to have, and protect your legal rights throughout the process.
What are the types of mesothelioma lawsuits?
There are three main types of lawsuits:
- Personal injury lawsuit: This is filed by the patient who has been diagnosed with an asbestos related disease against the company responsible for the exposure.
- Wrongful death lawsuit: A wrongful death claim is filed by the mesothelioma victims family against the asbestos company.
- Trust Fund Claims: An asbestos bankruptcy trust is formed during the asbestos company’s bankruptcy proceedings to ensure they can continue to pay out to victims now and in the future.
Contact a Mesothelioma Lawsuit Attorney Today
If you believe your mesothelioma was caused by exposure to asbestos, a mesothelioma lawyer in New York may be able to help. Buttafuoco & Associates believes in fighting for victims’ rights against careless companies and corporations. During a free consultation, we can help you determine whether you have a case, discuss your rights, describe how to file a mesothelioma lawsuit, and determine the best plan for receiving the financial compensation you are entitled to.
Call today at 1-800-NOW-HURT.