It is a rare, incurable cancer that can take a physical, financial and emotional toll. In New York a serious issue occured in Workplace, in military camps that some people exposed to asbestos.
New York is fourth-most populated state in US and It’s also the fourth highest ranking state in the US for deaths of this disease.
In 1950, Rates of disease have increased. In 2015, 60,800 people have been diagnosed with this disease and 32,000 people died from this disease.
According to 2017 report by Centers for Disease Control, between 2,400 to 2,800 people are diagnosed with this disease in United States each year.
Between 1999 to 2013 from this disease total 12,146 people died in New York.
In Nassau Country total 1,135 people died because of this disease during 14 year.
Erie and Suffolk counties rank No. 2 and No. 3 and this counties have an average of 75 deaths per year from this disease.
Queens County ranks at No.4, Kings County (Brooklyn) is at No.6, New York County is at No. 9; and the Bronx country rank at No.11 in the list of New York counties poisoned with this disease.
The mesothelioma lawyers at Sokolove Law are here to help you to file a lawsuit.
New York Mesothelioma Lawyer
mesothelioma case manager can help guide you through the complex legal process of filing a lawsuit and it will meet with you and your family in your home, at your convenience.
Treatments for these disease expensive and may to consult a local lawyer who can help you get compensation and hold responsible companies accountable for their negligence.
In 1940, Manufacturers of asbestos products have known about the health risks.
Manufacturer put profits before people and kept quiet about the dangers of working.
In 1970, public knows about the dangers of asbestos exposure and that time it was too late for many people who worked in fields like mining, construction, shipbuilding and auto manufacturing.
Court ordered to asbestos trusts that $30 Billion has been set aside for mesothelioma victims and their families.
In 1990, The New York City Department of Environmental Protection take a survey in buildings. They found 68% asbestos in buildings in the city.
At that time asbestos containing materials present in the city was 323 million square feet, most of which was thermal system insulation.
After some year, property owners and businessman in the state have taken steps to remove this material from their buildings.
At that time New York has make a laws and regulations for removal of this materials.
New York has passed number of laws that regulate the manufacture, use and distribution of this product.
This laws focus only on improvement of air quality, this material abatement and litigation in state courts.
This rules and regulations contain all of the various requirements employers must follow this, which include licensing and certification, air sampling, work area preparation, as well as abatement.
In New York, safety guidelines are carried out by three state agencies
1) The Department of Health
2) The Department of Labor
3) The Department of Environmental Conservation.
The Department of Health administers is a Safety Program that was form to protect workers by giving safety training. In New York sites there are many Mesothelioma Victims worked.
After diagnosed with this cancer every person are start focusing on their health and to getting better.
If anyone of you and your relatives suffer from this disease, then you should meet immediately with lawyer.
Filing the lawsuit can help those diagnosed with mesothelioma get the compensation.
He can help you to file a claim against the statute of limitations expires. He also select court which is suitable for you and also file your lawsuit.
He also evaluate your case so you can receive the maximum compensation. A qualified attorney can guide you when to pursue a lawsuit.
The person who was exposed from this disease, he can’t need to travel anywhere because attorney will handle the entire case process.
The charge of lawyer is mostly depend upon a contingency fee basis. Contingency means, your attorney only gets paid if you agree to a settlement or win your lawsuit.
If you win the case then some amount goes to your attorney but if you can not win the case then no attorney fees will be given.
Your attorney will handle everything, every step and do best. The process are follow as:
1) preparation, 2) Filing, 3) responses, 4) discovery, 5) settlement, 6) trial and 7) appeal.
He collect information about your history of asbestos exposure for determination that who is responsible for your condition.
A person who are suffering from mesothelioma, then he can file a personal injury lawsuit against a company.
The legal process for an asbestos related lawsuit is depends upon health of the plaintiff.
If your health is become poor or you not feeling well then the whole process can be faster.
In some cases the defender can drag out the process. Your attorney will work to resolve your case as possible as handling each step so you can focus on your health.
Your attorney will also help you to choose the most favourable court for your case. The location where you file a case can affect the length of the case process.
It is necessary to file a case from outside the state. There are a number of steps that apply to nearly everyone who files an lawsuit.
To start the legal process Your lawyer must file a written complaint with a court. Then the court start further process.
Court gives a copy of your complaint to each defendant in your lawsuit and it have a certain amount of time usually 30 days to respond.
Before a trial starts, defender offer you money to solve the case. The trial process are depend upon that in which court you file a claim.
In many cases, it is not necessary for you to appear in court and If you win the trial the defendant may decide to file an appeal.
There is a limited time to file an appeal, usually between 30 to 180 days.
Most of attorneys work on a contingency fee basis, means you owe nothing if you do not receive compensation for your injuries.
It will aware of the legal options available and can guide you through the process of filing a claim.
Experienced lawyers are familiar with asbestos manufacturers and they can help you to determine which ones are responsible for your illness.
To File a claim can help you to obtain money to pay medical expenses and lost income.
Your attorney can determine whether additional expenses may be covered in your claim.
1) Personal Injury Claims: A lawsuit filed by an individual diagnosed with this dangerous cancer.
2) Wrongful Death Claims: If the original claimant dies as a result of the disease then family members or relatives may be able to step in as plaintiffs.
If a claim was not submitted then they have a option to file a wrongful death claim.
There are number of options to file a claim
1) Traditional lawsuits
2) Asbestos trust fund claims
3) workers compensation claims
4) Military veterans exposed to asbestos during service may be eligible to file health and disability care claims with the US Department of Veterans Affairs.
It is difficult to determine exactly when this disease occurred because accurate diagnosis comes between 20 to 50 years after the initial exposure.
Because of this long period court in some states have made exceptions applying statutes of limitations.
In Tennessee, Louisiana and Kentucky have statutes of limitations up to one year.
In Maine and North Dakoup toave there is a time to file a claim up to six years after a diagnosis.
For victims of asbestos exposure, this timeframe begins once a person is diagnosed with this disease.
As a result, claims generally rely on several key pieces of information like How you were exposed to asbestos, How long the exposure occurred and How the exposure has affected your body or health.
The percentage of people that survive five years following diagnosis is on average 8% in the United States.
Signs and symptoms of disease may include shortness of breath due to fluid around the lung, a swollen abdomen, chest wall pain, cough, feeling tired, and weight loss.
These symptoms typically come on slowly. After being exposed to asbestos, the symptoms of disease can take 20 to 50 years to appear.
The life expectancy for these disease patients is poor, as there is no cure for the disease.
The stage of the disease, location of the tumors and cell type are the most important factors for a patient survival.
When someone exhibits symptoms of disease then doctors perform a variety of tests to rule out other diseases. It normally takes many time for doctors to arrive at an accurate diagnosis.
This disease is confirmed by either examining fluid produced by the cancer or by a tissue biopsy of the cancer from chest X-ray and CT scan finding.
Prevention centers around reducing exposure to asbestos and Treatment often includes surgery, radiation therapy and chemotherapy.
A procedure pleurodesis which is good for patient who exposed with asbestos related disease, which involves using substances such as talc to scar together the pleura, may be used to prevent more fluid from building up around the lungs.
There is number of new treatments are formed and it may be available for some patients who do not want to do conventional therapies.
Treatment can also be used to discomfort caused by the symptoms of disease and reduce pain.
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If a patient files a lawsuit but passes away before it’s resolved, then Family members may have the option to file their own wrongful death claims, which can provide compensation.
Select attorney which have more award or settlements. During the settlement process, how you want your payments you will discuss with your attorney.
You will receive your compensation in installments rather than in one lump sum, especially if the settlement is significantly large.
If anyone of you and your relatives suffers from the asbestos-related disease and considering seeking compensation for asbestos-related disease.
Then choose attorney, who help you to prepare and submit the legal documents for starting the lawsuit process.
A qualified attorney help you to file a claim and they have a enough knowledge about trust funds, from which you may get compensation.
If you will work with an experienced lawyer then it is confirmed that you will get compensation and Your case will proceed more efficiently.
To File a lawsuit against the company may result in compensation for Damages covered by an asbestos claim like Medical expenses, Lost income, Pain or suffering, Travel costs and other miscellaneous expenses.
This are some trust from which you can have your compensation easily.
Bankruptcy Trusts: In the past few year, many asbestos manufacturing companies have since declared bankruptcy for a variety of reasons.
These funds are intended to provide compensation for patients affected by an asbestos-related illness.
Workers Compensation: This laws can vary by state and most of this laws change every Year. To cover medical bills, pain and suffering, most of victims may file for workers compensation.
Veterans Benefits: Veterans can file a claim with the Veterans Affairs (VA) seeking compensation for any injuries developed while serving their country.
The men and women who working in the U.S armed forces have a higher risk of developing disease.
Mostly it depend on asbestos in vessels, barracks and pipe coverings, among other military parts, tools, and machinery.
Most of lawsuits never go to trial because before the trial takes place they are settled out of court.
Some cases go to trial but judge make a verdict that awards significant compensatory damages.
Verdict amount may depend upon
A claimant’s diagnosis and medical history
The number of companies sued
Where the claim is filed
Proof of negligence
Lost wages, medical bills and other expenses
According to a recent Report, the average trial award is estimated at $2.4 million. The average amount of settlement is between $1 million to $1.4 million will get to victim.
Every case is different, An experienced attorney can build your case and help you in settlement.
Settlement process can’t start out as a settlement, it start when your attorney preparing to present a case to a judge.
A very small amount you will get to a verdict.
Reason for choosing settlement process
The discovery of information that would likely lead to a favourable verdict for the plaintiff
A compelling deposition that favours the plaintiff
Mounting legal fees.
The diagnostic process for pleural mesothelioma takes number of tests and requires the diverse team of medical experts.
Most of patients first meet with a practitioner but they have a need of expertise of radiologists, surgeons, oncologists, pathologists, pulmonologist, etc.
This form of cancer is so challenging to diagnose and it required highly qualified oncologists.
Symptoms of this disease is appear after the disease has entered its later stages. Most of patients with this cancer don’t experience symptoms until the cancer is in later stages of development.
This types of disease is rare and has such common symptoms, sometimes doctors confuse it for a less serious illness or a different type of cancer.
The most common symptoms of pleural cancer include chest pain and difficulty in breathing.
The common symptoms of Peritoneal cancer include abdominal pain and distension.
Doctors may start the diagnostic process by asking you about medical history and he also performed you some standard physical exams.
Mesothelioma is a rare cancer with nonspecific symptoms. For identifying this type of cancer Doctors may order tests.
If in tests any suspicious mass that looks like this type of cancer is produced then doctors will request a biopsy to confirm the diagnosis.
The prognosis for this type of cancer patients is poor because after this most of patients live less than 1 year.
Prognosis is determined by seeing three most important factors The type of mesothelioma, stage of the cancer and patient health.
There is a chance of improvement of prognosis by receiving treatment as soon as possible and leading a healthy lifestyle.
There is no cure for this type of cancer but the prognosis has been slowly improving over the years.
This improvement is takes place because of experimental treatments, new detection and diagnostic methods, etc.
Many patients of this disease have become advocates who share their stories to let others know that treatment can work.
There is a type of mesothelioma which is determined by the location where it first develops and it can have a big effect on the prognosis of the disease.
1) pleural: This types of cancer patients receive some form of treatment live between six and twelve months after diagnosis.
2) Peritoneal: The survival period for this cancer patients is 1 year. The patients who are healthy enough to undergo surgery then their length of survival increased with 5-year survival.
3) Pericardial: This type of cancer is not even diagnosed until an autopsy is performed. Patients who are diagnosed with this cancer they are still alive.
Many people who were victims of exposure have going and taking advice of a mesothelioma law firm for getting justice.
Law firm also helping them to get compensation for overwhelming expenses associated with this disease.
Now, there is over $30 billion in asbestos trust funds set aside for those who have been diagnosed with mesothelioma.
Law firms specialising in mesothelioma focus primarily on victims of this type of cancer.
It is important thing that you can’t take settlement for a law firm that takes on all kinds of personal injury cases.
Lawyers in law firms has qualified and they have enough knowledge of federal and state laws regarding asbestos.
They also good in investigative skills and they are knowing that when and where companies workers was exposed to this bad product.
A good law firm can guide you and help you to understand the process, your options and the outcomes.
They should investigate and determine how asbestos was used at your workplace. Some of times they are already knowing and they have a information.
Law firms is knowing that victim is saying truth or false to have a true asbestos claim. They can determine how strong is your case and say that there is a chances of winning.