New York Mesothelioma Lawyers and Law Firms
New York is ranked 4th in the U.S. for deaths from malignant mesothelioma cases. Mesothelioma is a rare, deadly form of cancer caused by asbestos exposure.
Mounting a mesothelioma lawsuit is a complicated process. For that reason, victims of asbestos exposure may want to hire an experienced New York mesothelioma attorney who can help them to potentially win a mesothelioma settlement.
Those interested in filing a New York mesothelioma lawsuit, or a lawsuit for any asbestos cancer or asbestos-related injury, are advised to contact a New York mesothelioma lawyer as soon as possible after diagnosis.
Filing a New York Mesothelioma Lawsuit
Those interested in filing a New York mesothelioma lawsuit or in hiring a New York mesothelioma lawyer should be aware that their legal rights may be restricted by New York’s statute of limitations. A statute of limitations is the period of time you have until it is “too late” to file an asbestos or mesothelioma lawsuit. So you are advised to contact a New York mesothelioma lawyer as soon as possible after a mesothelioma diagnosis in order to file any lawsuits within the state’s statute of limitations.
An experienced New York mesothelioma attorney can help you present your case and maximize your chances of winning a settlement in a court of law. To make sure that you are protected under the law and to build a strong case, a mesothelioma attorney will first need to obtain the following information:
- Medical records confirming a diagnosis of mesothelioma or other asbestos disease
- Death certificate with cause of death listed (if applicable)
- Work history or military service to determine how and when the asbestos exposure occurred
It is important to know that even if your loved one has already lost their battle with mesothelioma, you may still have the right to file a claim.
Some Key New York Asbestos Exposure Lawsuits
In 2003, a key New York asbestos case brought by a man and his New York mesothelioma lawyer, Croteau v. Consolidated Edison Inc., was settled. A New York jury awarded more than $47 million to a boilermaker who worked as a contractor for Consolidated Edison Inc. and the KeySpan Corp. unit of Long Island Lighting Co. The man was diagnosed with mesothelioma in May 2001. The jury found the two New York utility companies negligent both in their actions and in their failure to advise workers of the dangers of asbestos.
In a 2005 case, Seitz v. Jacobson & Company, an appeals court in New York overturned a ruling by a Workers’ Compensation Board Panel. The panel had determined that an asbestos claimant did not file a timely appeal, but the appeals court found instead that the panel had overlooked an extension the plaintiff was granted in which to file the appeal. The court reversed the panel’s dismissal of the claims, and sent the case back to the panel to determine whether the right to death benefits ceased with the death of the victim’s surviving spouse.
The case stemmed from a sheet metal worker who claimed to have developed metastatic small cell anaplastic lung cancer after being exposed to asbestos in his workplace. After he died, his widow filed a workers’ compensation claim. His wife also passed away before the case was decided, and the judge closed the case. The case was reopened on behalf of the estate of the sheet metal worker. The case opened the question of whether a claim could still be made even after the widow had passed away.