A paper that says diagnosis mesothelioma on it with bottles and individual pills on top

Know Your Rights When It Comes to a Mesothelioma Claim in New York

Suffering from an occupational lung disease is challenging, but pursuing a mesothelioma claim can help alleviate some of the financial pressure you may be feeling. At Nappa, Monterosso & Poznansky, LLP, our mesothelioma lawyers help injured workers in the greater NYC area understand their rights and options. We ensure your rights are protected, guide you through the process, and work to help you achieve the best possible outcome for your case.

What is Mesothelioma?

Mesothelioma is a rare but aggressive form of lung cancer that is usually caused by asbestos exposure. It not only wreaks havoc on a person’s health, it can take a toll on their family and financial standing as well. Mesothelioma and other occupational lung diseases often affect workers in the construction industry, shipbuilding, automotive, mining, and industrial settings. If you or a loved one has been diagnosed with mesothelioma, it’s critical to consult an occupational disease lawyer who can evaluate your case and advise you of the best path forward to a successful claim.

Legal Considerations in Mesothelioma Claims

Workers and their families have legal rights and remedies available to them when it comes to mesothelioma claims. You have the right to seek legal representation from a mesothelioma attorney in New York who can determine which options may be available for compensation and advocate for your interests.

If you can prove mesothelioma was caused by asbestos exposure, you may be able to obtain compensation for your medical expenses, lost wages, pain and suffering, and other damages. If you’ve lost a loved one to mesothelioma, you may be able to file a wrongful death claim against any liable parties and/or recover workers’ compensation death benefits.

Although the statute of limitations in New York is generally three years for filing personal injury lawsuits, two years for wrongful death, and two years for workers’ compensation claims, there are exceptions in mesothelioma cases because it can take decades to develop. Consulting with an experienced attorney can help to ensure you understand how statutes of limitations could affect your mesothelioma claim.

Who is Liable in Mesothelioma Claims?

Although employers have a legal obligation to provide a safe workplace, you are typically prohibited from suing your employer in New York. However, many producers of asbestos-containing products knew about the harmful health effects of asbestos and were found liable for damages, so asbestos trust funds were established to compensate victims of these diseases.

Established in the 1980s due to the significant number of asbestos-related lawsuits filed in the city, the New York City Asbestos Litigation (NYCAL) court is a specialized court system that handles cases related to asbestos exposure. Because this court only handles asbestos-related cases, it helps streamline the legal process for mesothelioma claims and enables victims to come to a resolution more quickly.

How Much Asbestos Exposure Causes Mesothelioma?

Although workers with prolonged exposure to asbestos are at the highest risk of developing mesothelioma, those with limited asbestos exposure can develop it as well. Individual risk factors such as smoking, preexisting lung disease, and the size, shape, and chemical makeup of the asbestos fibers can also play a role. If you experience any of the following asbestos exposure symptoms, see a doctor as soon as possible:

  • Shortness of breath
  • Persistent cough that worsens over time
  • Hoarseness
  • Chest pain or tightness
  • Blood in the sputum
  • Difficulty swallowing
  • Loss of appetite
  • Weight loss
  • Fatigue or anemia
  • Changes in the shape of your fingers and nails (clubbing)

How a New York Mesothelioma Lawyer Can Help

Although workers’ compensation covers medical bills and wage loss, the long-term physical, emotional, and financial costs of mesothelioma are high. Whether you’re considering filing a workers’ compensation claim or mesothelioma lawsuit, an experienced occupational disease attorney can help you find options for recovering compensation. Asbestos trust fund claims, workers’ compensation, and Social Security Disability claims can all have an impact on each other, so it’s essential to seek the counsel of a seasoned mesothelioma lawyer in the greater New York City area. They can protect your rights and interests, help you pursue all potential sources of compensation, and provide compassionate legal support during difficult times.

Contact an NYC Mesothelioma Attorney to Learn More

As native Staten Islanders, the occupational disease lawyers at Nappa, Monterosso & Poznansky, LLP, are dedicated to making things right for injured workers and their families in the greater New York City area. Attorney and Partner Rolando Cubela is proud to serve our Spanish-speaking clients. To schedule a consultation with a mesothelioma lawyer in the greater New York City area, call us at 718-273-9000 or contact us today.

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