Asbestos exposure is the number one cause of work-related deaths in the world. More than 250,000 people worldwide die annually from asbestos-related diseases, and according to the Centers for Disease Control and Prevention (CDC), 6,000 people succumb to asbestos-related lung cancer each year in the United States.
Fortunately, the Law Office of Carl Maltese is here to help. Its attorneys have recovered more than 150 million dollars for clients since the firm's inception, fighting for their rights and ensuring they get the compensation they deserve.
The Law Office of Carl Maltese has the skills, expertise, and resources to investigate mesothelioma cases and hold the negligent asbestos companies responsible for the damages caused.
Those affected by this rare condition in Long Island, New York, should contact us immediately to learn more about their rights and legal options! We can also explain how to file a lawsuit for nursing home abuse in NY.
Understanding Asbestos
Asbestos is a naturally occurring fibrous silicate mineral known for being strong, flexible, odorless, and chemically inert. Due to its fire-resistant properties, the construction industry encouraged its use in residential and commercial properties.
There are several types of asbestos, and these include the following:
Chrysotile Asbestos
Mined in Canada, Russia, and Italy, chrysotile is a type of naturally occurring fibrous mineral that belongs to the serpentine family. With a curly structure, it accounts for 90% to 95% of the asbestos in buildings in the United States.
Some examples of products containing chrysotile are as follows:
Asphalt
Cement
Plastic
Rubber
Textiles
Roofing materials
Certain automobile components
Amphibole Asbestos
These types of asbestos are ultra-fine, needle-like fibrous minerals. They're much easier to inhale, making them one of the most hazardous materials.
Studies show that exposure to amphibole is much more likely to cause cancer, autoimmune conditions, and certain respiratory illnesses.
Amosite Asbestos
According to the US Environmental Protection Agency (EPA), amosite is the second most common type of asbestos in the United States. Exposure to it increases the risk of developing cancer exponentially.
Amosite is mostly mined in South Africa. However, its products are found all over the world. These include cement sheets, gaskets, pipes, and insulation blankets, among many others.
Crocidolite Asbestos
Also referred to as blue asbestos, crocidolite is believed to be responsible for more deaths than other types of asbestos. Its long, thin fibers can easily enter the lungs, where they linger for long periods, resulting in serious damage.
Ceiling tiles, fireproofing materials, gaskets, and spray-on insulation may contain crocidolite.
Actinolite Asbestos
This is the least common type of asbestos. Actinolite is fibrous with elongated crystals that may have a shiny or silky appearance.
Certain products containing this type of asbestos include the following:
Furnace linings
Steam pipes
Textured paints
Wall-joint compounds
Drywall
Roofing
Plaster
Anthophyllite Asbestos
Considered the rarest type of asbestos, anthophyllite was initially mined in Finland. With a limited history of commercial use, it has long and brittle fibers, making it a perfect raw material for manufacturing rubber, cement, roofing, talc, and vermiculite products.
Common Types of Mesothelioma Claims
To obtain compensation for their injuries, injured victims or their family members must file a New York mesothelioma claim against the negligent party. However, choosing the right type of legal written demand is essential, as the rules and eligible plaintiffs could be different.
Some of the most common types of mesothelioma claims include the following:
Personal Injury Claim
A personal injury claim is a written demand that could be filed by a person suffering from mesothelioma. In this type of legal action, the plaintiff must prove that their condition was caused by asbestos exposure.
Upon successfully fighting the case, the affected party can recover a wide range of damages, including medical expenses, lost wages, and pain and suffering.
In some cases, the defendant and their insurance company may refuse to cover the financial and non-economic losses. When that happens, the law in New York allows injured victims to pursue a personal injury lawsuit and take the negligent party to court, where the judge may award punitive damages.
Although punitive damages compensate the affected parties, the court only awards these in rare cases involving gross negligence to discourage future wrongdoings.
Wrongful Death Claim
Mesothelioma can take its toll on a person. While some treatments may give patients a chance at remission, there is no cure for this rare condition.
If a person dies of this illness caused by asbestos exposure, the law allows their estate, including surviving family members, to file a wrongful death claim.
When that happens, the plaintiff may receive compensation for different types of damages, including funeral costs and medical expenses.
Asbestos Trust Fund Claim
When asbestos exposure became a major issue, companies responsible for manufacturing products containing this harmful mineral were required to set aside money in trust funds to compensate affected parties and protect themselves from further lawsuits.
Mesothelioma patients may be able to recover damages by bringing an asbestos trust fund claim. It's best for them to reach out to an experienced mesothelioma lawyer, as they can help determine whether the company responsible for the injured victim's illness has a trust fund.
Product Liability Claim
Although product liability claims are less common than other types of legal actions, they offer a means to seek justice for those suffering from mesothelioma due to the use of asbestos-containing products. The defendant often involves the manufacturer responsible for distributing such harmful materials.
When pursuing a product liability claim, the affected party must provide evidence that the product was defective and contained asbestos. In addition to that, the plaintiff must also establish a connection between their mesothelioma and the product.
How Does Asbestos Exposure Occur?
In its solid state, asbestos is not harmful. However, once inhaled, the microscopic fibers can stick inside the lungs and respiratory tract, causing irritation and gradually developing into a rare condition known as mesothelioma.
Prior to 1975, the United States construction industry used asbestos sparingly until people became aware of its dangers. A significant amount of this mineral is found today in old homes and commercial buildings built during this period.
Although asbestos is now considered a hazardous mineral, it's still used commercially. According to the American Cancer Society, exposure to these thin, needle-like fibers from a very young age can increase the risk of mesothelioma.
It's important to understand that the likelihood of developing serious health conditions increases with greater exposure to asbestos. However, once a person develops mesothelioma, the level of contact is no longer relevant.
Who Is at Greater Risk of Asbestos Exposure in New York?
While anyone inhaling these hazardous naturally occurring fibers may develop mesothelioma and other medical conditions, there are certain occupations that are at a greater risk, and these include the following:
Construction workers
Automobile mechanics
First responders
Family members or friends of the workers exposed to asbestos (secondary exposure)
Mesothelioma in New York
A CDC report revealed that 865 New Yorkers suffered from mesothelioma, and 616 residents died from it between 2017 and 2021. That's one person for every 100,000 people in New York, which is an alarming statistic.
Although these rates are expected to decrease over time as more years pass since the ban on certain types of asbestos, thousands of New Yorkers continue to develop illnesses, including mesothelioma, each year.
While the use of asbestos significantly reduced by the 1980s, the 2001 9/11 attack in New York affected countless first responders, emergency personnel, workers, and nearby residents.
Compensation for New Yorkers Affected Due to Asbestos Exposure
Those recently diagnosed with mesothelioma may be able to recover compensation, as chances are that their illness occurred due to asbestos exposure during their lifetime. An experienced personal injury attorney can help investigate their medical condition to determine liability.
Under New York law, affected parties may be able to pursue a mesothelioma lawsuit or claim. While the latter allows for greater financial recovery, the legal process is often complex, and there is no guarantee that the court will rule in the plaintiff's favor.
On the other hand, a claim can lead to lower compensation, but the case is often resolved more quickly. In situations involving a bankrupt asbestos company, the affected parties may be able to pursue a trust fund claim.
Working with an experienced mesothelioma lawyer can protect the victim's rights and identify other sources of asbestos exposure to recover maximum damages.
The Statute of Limitations for Mesothelioma Lawsuits
Whether the affected party wishes to file a mesothelioma lawsuit or claim, they must decide quickly, as they may not have enough time.
While the law allows a person suffering from an asbestos-related disease to obtain compensation, they must do so within the period mentioned under the statute of limitations.
In most personal injury cases involving mesothelioma, the victims have up to three years from the date of diagnosis to file a mesothelioma lawsuit or pursue a claim. However, there may be some exceptions to this, which can place a hold on the statute of limitations.
Skilled New York mesothelioma lawyers can assess the details of the lawsuit and guide the affected parties on the time they have left to pursue civil action.
How to File a Lawsuit for Mesothelioma in NY
Unlike many types of legal cases, mesothelioma lawsuits or claims are often difficult to navigate. There is a need to provide evidence of mesothelioma diagnosis and asbestos-related exposure.
Besides that, the affected party must prove the damages by submitting copies of medical expenses, payslips, and other essential documents.
A key thing to remember is that most New York mesothelioma lawyers pursue a claim first, as such civil actions are often resolved quicker in the form of out-of-court settlements.
However, when a negligent manufacturer or company fails to compensate the victims fairly, a personal injury lawyer may decide to file a personal injury lawsuit.
Here are the steps that are commonly involved in an asbestos litigation:
Consult an Experienced Mesothelioma Lawyer
Affected parties must work with skilled and reputable New York mesothelioma lawyers to determine the best legal option. In addition to that, attorneys can help navigate the pitfalls associated with asbestos litigation, increasing the victim's chances of obtaining fair compensation.
Determine Liability
Whether it's a mesothelioma claim or a wrongful death lawsuit, it's crucial to determine liability. A skilled personal injury attorney will investigate the case and the disease to understand how the affected party contracted the illness.
An investigation is integral to asbestos litigation, as it helps determine whether the victim is eligible to pursue a mesothelioma claim or lawsuit.
File the Lawsuit
After collecting evidence to build a strong case, it's time to bring civil action. Adhering to the legal rules pertaining to filing a mesothelioma lawsuit is crucial, as failure to do so may result in a dismissal.
An experienced attorney can handle all of the steps involved in pursuing legal action. They will file the lawsuit while adhering to the rules of the court, initiating the hearing process.
Learn More About the Case During Discovery
Before the case heads to the court, the plaintiff, defendant, and their attorneys will enter the discovery phase. This legal process requires both sides to exchange documents, carry out more research, and conduct interviews and depositions.
During discovery, the plaintiff and their mesothelioma attorney may gain access to valuable information that wasn't previously available. This can increase their chances of building a strong case and seeking financial compensation.
At this stage, both parties can work together to settle the case before it heads to the court. However, if there are disagreements over a fair settlement, the plaintiff can fight for their rights before a judge.
Trial and Verdict
Most mesothelioma claims are often resolved outside of courts, but a standstill during negotiations can prompt the affected party and their attorney to go to trial.
Each side will get the opportunity to present their arguments supported by concrete evidence. The judge or jury will look at the facts of the case and announce the verdict at the end of the court hearing.
How Can the Law Office of Carl Maltese Help the Affected New Yorkers?
The Law Office of Carl Maltese has the expertise and resources to pursue mesothelioma claims or asbestos-related lawsuits. It can help the affected parties in several ways, some of which include the following:
Calculating economic and non-financial losses can be tricky. Fortunately, an experienced mesothelioma lawyer at the Law Office of Carl Maltese has the know-how to determine compensatory damages when building a strong case.
Failure to adhere to the legal process may result in a mesothelioma claim dismissal. The attorneys at the Law Office of Carl Maltese understand the ins and outs of filing cases and can help affected parties avoid unfavorable situations.
Most personal injury cases are resolved outside of court. If the affected party doesn't know their rights or the value of their case, it can result in a lower settlement. A skilled mesothelioma attorney at the Law Office of Carl Maltese has the negotiation skills to fight for maximum compensation.
The Law Office of Carl Maltese Is Ready to Help New York Mesothelioma Victims Get Justice!
Asbestos claims or lawsuits are challenging to pursue without legal representation. Fortunately, The Law Office of Carl Maltese can help. Our New York mesothelioma attorney is not afraid to stand up against large asbestos companies, whether it's protecting their clients from the constant harassment by the defendants or negotiating a fair settlement.
Let an experienced New York mesothelioma lawyer handle your asbestos litigation. The Law Office of Carl Maltese has recovered millions of dollars for their clients since 1966, and we're ready to represent you to ensure you get the justice and compensation you deserve.
Call us to schedule a free consultation with a legal expert today!
Hozzászólások