Asbestos exposure can lead to various health problems, including mesothelioma, a rare form of cancer that affects the lining of the lungs, abdomen and heart. Despite the federal and state laws regulating its use, asbestos-containing materials are still found in many buildings and products, putting workers and consumers at risk.
If you or a loved one has been diagnosed with mesothelioma in New York, you may be entitled to compensation from the parties responsible for your exposure. In this article, we’ll provide an overview of mesothelioma cases in New York, including the legal options available to victims and their families.
What is Mesothelioma?
Mesothelioma is a type of cancer that occurs in the mesothelium, a thin layer of tissue that covers most of the body’s organs. The most common type of mesothelioma affects the lining of the lungs, known as pleural mesothelioma. Other less common types include peritoneal mesothelioma (abdomen), pericardial mesothelioma (heart), and testicular mesothelioma.
Most cases of mesothelioma are caused by exposure to asbestos, a naturally occurring mineral that was widely used in construction, manufacturing and other industries until the 1980s. When asbestos fibers are inhaled or ingested, they can become trapped in the body’s tissues, causing inflammation and genetic damage that can lead to cancer.
What are the Symptoms of Mesothelioma?
The symptoms of mesothelioma can vary depending on the type and stage of the cancer, but they often include:
| Common Symptoms | Less Common Symptoms |
|---|---|
| Chest pain | Swelling of the face and neck |
| Shortness of breath | Difficulty swallowing |
| Coughing | Hoarseness |
| Weight loss | Abdominal pain |
| Fatigue | Nausea and vomiting |
If you have been exposed to asbestos and are experiencing any of these symptoms, it is important to see a doctor as soon as possible. Mesothelioma is often diagnosed at a late stage, when treatment options are limited.
Mesothelioma Cases in New York: Overview
New York has a long history of asbestos use, with many industries and products containing the mineral. As a result, the state has one of the highest rates of mesothelioma deaths in the country. According to the Environmental Working Group, New York ranks third in the nation for asbestos-related deaths, with over 12,000 deaths reported between 1999 and 2017.
Legal Options for Mesothelioma Victims in New York
If you or a loved one has been diagnosed with mesothelioma in New York, you may have legal options to seek compensation from the parties responsible for your exposure. These may include:
Asbestos Trust Funds
Many companies that used asbestos have filed for bankruptcy and established trust funds to compensate mesothelioma victims. In some cases, victims may be eligible to file a claim with these trusts.
Lawsuits Against Asbestos Companies
If the party responsible for your exposure is still in business, you may be able to file a lawsuit against them. An experienced mesothelioma attorney can help you navigate the legal process and pursue the compensation you deserve.
Workers’ Compensation
If you were exposed to asbestos on the job, you may be eligible for workers’ compensation benefits. These benefits can cover medical expenses, lost wages, and other costs related to your illness.
Statute of Limitations for Mesothelioma Cases in New York
It is important to note that there is a statute of limitations for filing a mesothelioma lawsuit in New York. In general, you have three years from the date of your diagnosis to file a lawsuit. However, this time frame can vary depending on the circumstances of your case, so it is important to consult with an attorney as soon as possible.
Frequently Asked Questions
1. What is the average settlement for a mesothelioma case in New York?
There is no average settlement for mesothelioma cases in New York, as each case is unique and depends on various factors, including the severity of the illness, the parties involved, and the available evidence. However, mesothelioma settlements and verdicts can range from thousands to millions of dollars.
2. What is the time limit for filing a mesothelioma lawsuit in New York?
The statute of limitations for mesothelioma lawsuits in New York is three years from the date of diagnosis. However, this time frame can vary depending on the circumstances of your case, so it is important to consult with an attorney as soon as possible.
3. Can family members sue for mesothelioma in New York?
Yes, family members may be able to sue for mesothelioma in New York if they have lost a loved one to the disease. This is known as a wrongful death lawsuit, and it can seek compensation for medical expenses, lost income, and other damages related to the death.
4. How long does it take to settle a mesothelioma case in New York?
The timeline for settling a mesothelioma case in New York can vary depending on the complexity of the case and the willingness of the parties to negotiate. Some cases may settle in a matter of months, while others may take several years to reach a resolution.
5. Can I file a lawsuit if I don’t know where or when I was exposed to asbestos?
Yes, you may still be able to file a lawsuit if you don’t know where or when you were exposed to asbestos. An experienced mesothelioma attorney can help you investigate your exposure history and identify the parties responsible for your illness.
6. What is the difference between workers’ compensation and a mesothelioma lawsuit?
Workers’ compensation is a form of insurance that provides benefits to workers who are injured or become ill on the job. Mesothelioma lawsuits, on the other hand, are legal actions filed against the parties responsible for the asbestos exposure that caused the illness. While workers’ compensation benefits can cover some costs related to mesothelioma, they may not fully compensate victims for all their damages, such as pain and suffering.
7. Can I still file a lawsuit if the company responsible for my exposure has gone out of business?
Yes, you may still be able to file a lawsuit if the company responsible for your exposure has gone out of business. An experienced mesothelioma attorney can help you navigate the legal process and identify other parties who may be held liable for your illness.
Conclusion
Mesothelioma is a devastating disease that can have a significant impact on the lives of victims and their families. If you or a loved one has been diagnosed with mesothelioma in New York, it is important to explore your legal options to seek compensation and hold the responsible parties accountable.
At [Firm Name], we have years of experience representing mesothelioma victims in New York and helping them recover the compensation they deserve. Contact us today to schedule a free consultation and learn more about how we can help you.
Take Action Now to Protect Your Rights
Don’t wait to take legal action if you have been diagnosed with mesothelioma in New York. Contact an experienced mesothelioma attorney today to learn more about your rights and legal options.
Disclaimer
This article is not intended to provide legal or medical advice. If you have been diagnosed with mesothelioma or have been exposed to asbestos, it is important to seek advice from a qualified attorney and medical professional.
