Mesothelioma is an aggressive cancer that most often develops as a result of asbestos exposure, and it can take decades before symptoms appear. A mesothelioma diagnosis can bring profound physical, emotional, and financial challenges.
While facing such a diagnosis is overwhelming, filing a mesothelioma lawsuit in New York may offer a path to financial compensation and justice. If you or a loved one is affected, it’s important to understand the legal steps involved in a mesothelioma case and how a New York asbestos attorney can help.
The Impact of Asbestos Exposure: Mesothelioma and Related Cancers
Mesothelioma is an uncommon and aggressive form of cancer, primarily caused by the inhalation of asbestos fibers. It develops in the mesothelium, the thin tissue layer that surrounds many internal organs in the body. While the cancer is typically located in the lining of the lungs, it may also impact the abdomen or heart. The symptoms of mesothelioma often don’t appear until 20 to 50 years after exposure, making it particularly difficult to diagnose in its early stages. Exposure to asbestos can cause severe health issues, including asbestosis (a long-term lung condition) and lung cancer. These conditions, while not the same as mesothelioma, are equally dangerous and are also associated with prolonged asbestos exposure.
For those diagnosed with these conditions, seeking legal compensation can provide relief from mounting medical costs and lost income.
Reasons Why People File Mesothelioma Lawsuits
Filing a mesothelioma lawsuit is a way for victims to seek compensation for their suffering. Many individuals choose to pursue legal action for several key reasons:
- Financial compensation: The cost of mesothelioma treatment can be overwhelming, especially when victims are unable to work and lose their income. Filing a lawsuit can provide compensation to help cover medical bills, lost wages, and other financial challenges.
- Justice: Holding negligent companies accountable for their failure to warn workers about asbestos risks is a powerful motivation for many victims. A lawsuit allows them to take action against those responsible for their health issues.
- Emotional closure: Although no amount of money can undo the harm caused by asbestos exposure, compensation can provide victims and their families with a sense of justice.
Occupations at Risk for Asbestos Exposure and Related Diseases
Asbestos was once a common material used in many industries, especially in construction and manufacturing, due to its durability and heat-resistant properties. Certain industries pose a higher risk of mesothelioma and other asbestos-related diseases for workers, including:
- Factory workers who handled raw asbestos or worked with products that contained asbestos fibers
- Construction workers who were exposed to asbestos during demolition, insulation installation, or repair work in buildings, ships, and pipelines
- Carpenters and shipyard workers who worked with asbestos-containing insulation and fireproofing materials, putting them at risk
For example, factory workers who handled asbestos insulation materials or carpenters who worked with asbestos-laden building materials were directly exposed to toxic asbestos fibers. Workers in these and other high-risk professions can file a mesothelioma lawsuit. By taking legal action, they take a step toward recovering damages for the physical, emotional, and financial toll asbestos exposure has caused.
The Steps Involved in a Mesothelioma Lawsuit
Pursuing a mesothelioma lawsuit involves a series of distinct stages, each crucial to achieving a favorable outcome.
Initial Consultation and Case Investigation
During the initial consultation with an asbestos attorney, your lawyer will gather information about your medical condition and work history to identify potential sources of asbestos exposure. Investigating the full scope of exposure is critical, and your lawyer may review old employment records, consult with coworkers, and seek expert advice to build a strong case.
Filing the Lawsuit and Identifying Defendants
Once the case is prepared, your attorney will file a formal lawsuit and identify the companies responsible for your asbestos exposure. In many cases, multiple defendants may be named, such as manufacturers of asbestos products, former employers, and distributors. Identifying these parties can be complex, especially when exposure occurred many years ago, but experienced attorneys know how to track down relevant parties and evidence.
Responses and Discovery
After the lawsuit is filed, the discovery phase begins. In the discovery phase, each side shares information and collects evidence to support their arguments. This may involve reviewing documents, taking depositions (interviews under oath), and consulting expert witnesses. Discovery can take months but is crucial for preparing both parties’ cases.
Settlement Negotiations or Trial
The majority of mesothelioma cases are resolved through settlements before going to trial. Settlement discussions often begin once both sides have gathered enough evidence. Defendants may be motivated to settle to avoid the time and expense of a trial. If a fair settlement cannot be reached, the case may proceed to trial, where both sides present their arguments to a jury. In court, the plaintiff’s legal team will present evidence of the defendant’s negligence and the damages the plaintiff has suffered.
Having the Right Legal Team Matters
Mesothelioma lawsuits offer a way for victims to obtain justice and financial compensation after years of asbestos exposure. With the right legal team, victims can hold companies accountable and receive compensation for their medical bills, pain, suffering, and lost wages. If you or a loved one has been diagnosed with mesothelioma, contact trusted New York asbestos attorneys Keith D. Silverstein & Associates. Let’s discuss your legal options — just give us a call or leave us a message.
