Welcome to our comprehensive guide on New York mesothelioma claims. If you or a loved one has been diagnosed with mesothelioma, it can be an overwhelming and scary time. However, it’s essential to understand your legal options and what steps you need to take. In this guide, we will take you through everything you need to know about New York mesothelioma claims, including the legal process, compensation, and more.
What is Mesothelioma?
Mesothelioma is a rare and aggressive cancer caused by exposure to asbestos. Asbestos is a naturally occurring mineral that was widely used in various industries for its heat-resistant properties. Unfortunately, when asbestos is disturbed, it can release tiny fibers into the air that can be inhaled or swallowed. Over time, these fibers can cause damage to the lungs and other organs, leading to mesothelioma.
Types of Mesothelioma
There are several types of mesothelioma, and they are classified based on where they develop in the body. The most common types are:
Type of Mesothelioma |
Description |
Pleural Mesothelioma |
Develops in the lining of the lungs |
Peritoneal Mesothelioma |
Develops in the lining of the abdomen |
Pericardial Mesothelioma |
Develops in the lining of the heart |
Understanding New York Mesothelioma Claims
If you or a loved one has been diagnosed with mesothelioma, you may be entitled to compensation through a mesothelioma claim. In New York, the legal process for mesothelioma claims is similar to other states. However, there are some specific laws and regulations that you should know about.
Filing a Mesothelioma Claim in New York
In New York, mesothelioma claims can be filed either as a personal injury claim or a wrongful death claim. If you are filing a personal injury claim, you must do so within three years of the date of diagnosis. If you are filing a wrongful death claim, you must do so within two years of the date of death.
Compensation for New York Mesothelioma Claims
If your mesothelioma claim is successful, you may be entitled to compensation for a variety of damages, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Funeral expenses (for wrongful death claims)
Choosing the Right Mesothelioma Lawyer in New York
Choosing the right mesothelioma lawyer in New York is crucial to the success of your claim. You want a lawyer who specializes in mesothelioma claims and has a track record of success. You should also look for a lawyer who offers a free consultation and works on a contingency fee basis, which means they only get paid if you win your claim.
Frequently Asked Questions About New York Mesothelioma Claims
1. How do I know if I have a mesothelioma claim in New York?
If you have been diagnosed with mesothelioma, you may have a claim. However, it’s best to consult with a mesothelioma lawyer to determine your legal options.
2. Can I file a mesothelioma claim on behalf of a loved one who has passed away?
Yes, you can file a wrongful death claim on behalf of a loved one who has passed away due to mesothelioma. You must do so within two years of the date of death.
3. How long does it take to resolve a mesothelioma claim in New York?
The length of time it takes to resolve a mesothelioma claim in New York varies depending on the circumstances of the case. However, it can take anywhere from six months to a few years.
4. How much compensation can I receive for a mesothelioma claim in New York?
The amount of compensation you can receive for a mesothelioma claim in New York varies depending on the damages you have suffered. However, mesothelioma claims can result in multi-million dollar settlements.
5. Can I still file a mesothelioma claim if the company responsible for my exposure is no longer in business?
Yes, you can still file a mesothelioma claim if the company responsible for your exposure is no longer in business. However, the legal process may be more complicated.
6. Do I have to go to court for a mesothelioma claim in New York?
Not necessarily. Many mesothelioma claims are settled out of court through negotiations.
7. Can I file a mesothelioma claim if I was exposed to asbestos in another state?
Yes, you can file a mesothelioma claim in New York even if you were exposed to asbestos in another state.
8. Can veterans file mesothelioma claims in New York?
Yes, veterans who were exposed to asbestos during their military service can file mesothelioma claims in New York.
9. How much does it cost to hire a mesothelioma lawyer in New York?
Mesothelioma lawyers in New York typically work on a contingency fee basis, which means they only get paid if you win your claim. You should also look for a lawyer who offers a free consultation.
10. What is the statute of limitations for filing a mesothelioma claim in New York?
The statute of limitations for filing a mesothelioma claim in New York is three years from the date of diagnosis for personal injury claims and two years from the date of death for wrongful death claims.
11. What if I was exposed to asbestos many years ago?
If you were exposed to asbestos many years ago and have just been diagnosed with mesothelioma, you may still have a claim. It’s best to consult with a mesothelioma lawyer to determine your legal options.
12. Can I file a mesothelioma claim if I was exposed to asbestos on the job?
Yes, if you were exposed to asbestos on the job, you may be able to file a mesothelioma claim against your employer.
13. What if I can’t afford a mesothelioma lawyer?
Many mesothelioma lawyers work on a contingency fee basis, which means they only get paid if you win your claim. You should also look for a lawyer who offers a free consultation.
Conclusion
If you or a loved one has been diagnosed with mesothelioma, it’s essential to understand your legal options. Filing a mesothelioma claim in New York can be a complex and challenging process, but with the help of an experienced mesothelioma lawyer, you can get the compensation you deserve. Remember, time is of the essence, so don’t wait to take action.
Contact us today to schedule a free consultation with a mesothelioma lawyer in New York.
Closing/Disclaimer
The information in this guide is intended for educational purposes only and should not be construed as legal advice. You should always consult with a qualified mesothelioma lawyer to determine your legal options.
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