Thursday, October 6, 2011

Introductory Details About New York Asbestos Lawyers

Damage caused to humans by asbestos in their environment continues to be a constant issue for a number of years. This damage will not manifest itself until years after the injured party was exposed to asbestos. Actually it may take so long as thirty years before any effects are noticed in a victim. Yet the damaging effects are no less serious.

It can be hard even for an experienced personal injury attorney to win a verdict or to settle to a fair compensation as the effects and disease caused by asbestos will need lots of time to get exposed in a victim. Only an asbestos attorney will be able to win you a positive verdict or settle to a fair compensation from the organization that is responsible for the negligence. So you should seek an asbestos attorney in such situations.

A lot of people are at a greater risk of being harmed as a result of asbestos exposure; they are the people who work in the construction, railroad and shipbuilding industries. Many more individuals are also significantly at risk of damage to their health when they get exposed to asbestos during their work as carpenters, pipe fitters, machinist, plumbers, mechanics and sailors. Deaths that occur as a result of asbestos exposure are estimated at a rate of 10,000 per year. This rate is actually growing each year. Although asbestos usage is reported on the decrease the U. S. economy continues to use at least 2,000 metric tons of this harmful mineral.

There are two potential issues that can affect the people who have been exposed to asbestos; one is lung cancer that is very familiar among many of us and the other one is called mesothelioma, a rare kind of problem which can only be seen in these cases. Mesothelioma is a form of cancer that develops from mesothelium which is an inner protective layer used to cover the body's internal organs. This defect is caused due to the exposure of the skin to asbestos.

Yet another condition related to asbestos exposure is asbestosis, which is a scarring of the lung tissue directly as a result of asbestos fibers and dust getting into the lungs. Signs of this condition include: breathlessness, decreased tolerance of physical activity, coughing, chest pains and clubbing of the fingers.

If you have diagnosed with mesothelioma or lung cancer due to the asbestos exposure then you can file for compensation from the company who is accountable to your disease. If you have any of the above symptoms and if you suspect those to be the due to the asbestos exposure you may then be entitled to such compensation.

Already there are several number of legal proceedings that have proved that many companies are well conscious of their employees being exposed to asbestos and its potential harm and yet they did nothing to stop it from happening. These actions prove that these companies do not care much for their employees.

You should seek an experienced asbestos attorney as early as you could because only an expert in this kind of cases can sort out the significant evidence among the company and medical records which often can prove the person who is responsible for the neglectfulness causing your disease. Initial consultation with this type of person will not cost you big but the result would be great.


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Wednesday, October 5, 2011

New York Mesothelioma Incidence

If one has never dealt with the realities of watching a loved one die of mesothelioma, and if one is not aware of the high medical costs of taking care of a mesothelioma victim, then some of the headlines seen about mesothelioma and mesothelioma lawsuits in the state of New York will seem outrageous. These are some of the headlines;

-New York city awarded 40 million dollars in Asbestos Lawsuits

-New York jury awards 16 million dollars to three rail road workers in a mesothelioma lawsuit.

-Lawyers file mesothelioma lawsuit for three family members.

The truth is that the medical costs of treating this deadly disease runs into hundreds of thousands of dollars per year.

Hundreds of people are diagnosed with mesothelioma every year. The sad but actual truth is that most industries that used asbestos used it, knowing fully well that they were exposing their workers to a very toxic and carcinogenic substance.

They purposely hid the dangers from the public in general and from their workers for decades. If those companies had made public what they what they knew about the substance and if they had provided the simplest of protection for their workers, thousands of husbands, fathers,and wives would not have have died in a painful, ugly manner that they died as result of mesothelioma.

What is Mesothelioma?

It is a form of cancer that is caused by exposure to asbestos fibers. It is, overall, a very rare form of cancer, but its incidence rises dramatically among those who work or have worked around asbestos. There have also been cases of mesothelioma among family members of those who worked with asbestos, and among residents of areas where factories and processing plants processed and mined asbestos and turned it into products that were sold nationally and internationally.
What is the basis of mesothelioma lawsuits?

Industry leaders have known since the early 1900s that exposure to asbestos dust often resulted in serious lung diseases. These companies chose to hide the dangers rather than protect their workers and the community from those dangers. Some of the larger companies went so far as to have their employees examined by company doctors and instructed the doctors to withhold diagnoses of lung disease from those who were ill.

Another company rejected a researcher's suggestion that all workers who handled asbestos wear inexpensive paper filter masks because it would be bad for the company image and worry the workers. The history of deliberate neglect to preserve profits is documented in reports, memos, letters and files exchanged among the top executives and decision makers in those companies.

It is this history that is the basis of most lawsuits - that the industry knowingly and willfully ignor ed the knowledge of danger and put all of their workers at risk so that they could continue to profit from the sale of the dangerous substance. The fact that they knew of the danger and deliberately hid it from the public, their workers and the government makes them liable not only for compensation of medical expenses to those that were harmed, but for punitive damages as well.

What causes mesothelioma?

Exposure to asbestos has been undoubtedly linked to the development of mesothelioma. There is no other known cause, though there are certain factors that can increase the risk of developing mesothelioma. People that worked in industries where they handled asbestos in high quantities are most at risk, but there have been cases of the disease that were traced back to a few ,and sometimes even one single, exposure to asbestos dust. There are many of such industries in the state of New York, and there are many companies that manufactured products made wi th asbestos located in New York, and this probably accounts for the fact that there is a high incidence of mesothelioma cases in the state.

Anyone that worked in a New York shipyard, power plant or construction site during the 1970s and early 1980s, most likely was exposed to asbestos dust. Anyone that worked with cement pipes, wallboard, insulation, brake shoes, elevator brake shoes, fireproofing materials, fire curtains, adhesive compounds and many other products used in the construction industry, may have been exposed to asbestos. If you have a family member that worked in any of those industries or with those products, you may have been exposed to asbestos.

Your rights in a mesothelioma lawsuit;

If you have been diagnosed with mesothelioma or another asbestos-related disease, you can seek for compensation from those who were responsible for your exposure. It is your right to seek for compensation, so seek the services of a top mesot helioma lawyer in New York as soon as possible to discuss your case and the options available to you.


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Tuesday, October 4, 2011

New York Mesothelioma Lawyer and Litigations

New York is ranked fourth in the US for asbestos related lawsuits filed, and many of these lawsuits have resulted in some the highest profile jury awards in asbestos cases.

Over recent years, New York Juries have awarded a lot of double digits million dollar compensations to mesothelioma victims. A typical example is that of Alfred D'Ulise who was awarded 20 million dollars in a recent case filed against Chrysler -Daimler where he worked as a brake mechanic. In the year 2006 case, a New York jury judged Chrysler-Daimler to be at 10% fault. The jury also judged the car company to have acted with reckless disregard, meaning that Chrysler could be held liable for the entire amount of money under the Law of New York.

Determination of Liability

New York follows a pure comparative liability system in determining liability in personal injury suits. Under a pure comparative liability system, a plaintiff may recover some damages even if they a re judged to be up to 99% responsible for their own injury. However, if the plaintiff is judged to be at fault in their own injury, the award for damages is reduced in proportion to their fault in the case. Thus, if the jury finds that the damages in a case amount to $10,000 and the plaintiff is 40% liable, the plaintiff can recover $6,000.
New York courts adopt a modified joint and several liability system in giving awards in cases where there are multiple defendants. Defendants may be held jointly liable for economic damages. When determining the responsibility for non-economic damages, any defendant who is 50% or less responsible for the plaintiff's injuries is subject to several liability, and can only be held responsible for the portion of damages that corresponds to their portion of the blame. Any defendant who is determined to be more than 50% responsible for the defendant's injuries is subject to joint and several liability, and can be held liable for the entire amount of the award.

Examples of New York Asbestos Lawsuits:

- 2006 - Rosenberg, Casale v. Alpha Wire, et al: NY Jury awards $9 million to two families in groundbreaking cases involving manufacturers of asbestos coated cable, steam fittings and valves. The cases were the first to find for plaintiffs in cases invo lving coated cable and steam valves

- 2006 - Alfred D'Ulisse, et al. v. DaimlerChrysler Corp.: Alfred D'Ulisse worked as a brake mechanic from 1960 to 1964, and off and on for the next 36 years part time while he worked as a police officer. He alleged that his work stripping brake linings exposed him to asbestos which caused his mesothelioma. Verdict: Plaintiff, $25 million

- 2003 - Robert Crouteau v. Consolidated Edison, KeySpan Corporation and Long Island Lighting Company: Robert Crouteau was a 54 year old former boilermaker who developed mesothelioma after being exposed to asbestos on the job for ConEd, KeySpan and Long Island Lighting. He was diagnosed with pleural mesothelioma in 2001, and filed suit against the three companies. Verdict: Plaintiff, $47 million

- 1993 - Consorti, Luchnick, Pulizzi, Tabolt v. LIRR: Four plaintiffs with mesothelioma in a consolidated trial before the New York Southern District Court Verdict: Plaintiff , $47.5 million

- 2003 - Gomez, Tucker v. Lincoln Electric and Hobart Bros. : The case was the first case to succeed against the manufacturers of welding rods containing asbestos. Verdict: Plaintiff, $3.19 million and $3.6 million respectively


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Monday, October 3, 2011

New York Mesothelioma lawyer Undertakes Serious Cases

Mesothelioma is a dangerous cancer infection that has the ability to take ones life. It arouses out of inhalation of a building material called asbestos, which has killing substances. Now, in order to receive compensation from your employers for the loss done from these substances, you would definitely require the assistance of New York Mesothelioma Lawyer. These types of lawyers are skilled in helping victims with this hazardous condition to get deserving compensation. Statistical data and medical observation suggest that workers coming in contact with this risky material in their work are most likely to get this type of cancer. Also, people that are exposed to asbestos for other reasons, like living in a building lagged with this material, can also get inflicted with his cancerous; though, the risk is slightly lower.

As soon as this life threatening cancer is detected, one should start searching for New York Mesothelioma lawyer for defending your case against the employer. Well, the expert lawyer would take all aspects into consideration and file the case against the firm where you got brought in contact with asbestos. The impediment with this disease is that the symptoms do not appear immediately; rather, they are noticed after 40 to 45 years. By this, the victim is left with a life of two to five years of life and nothing seems to be curable. At this point of time, it is the compensation that can act as the soothing comfort for his family members; though, it may not fill the gap. Therefore, in case if any of your family members has expired of Mesothelioma; then also the case can be filed the case for remuneration for his family in New York

It is very imperative to check out a lawyer that has years of practice and upbeat jury verdicts for Mesothelioma cases. When hiring a New York Mesothelioma lawyer, it is essential to find someone that can be banked upon and is capable of keeping your best interest as their top precedence. Having the right paper work to support your claim of a job related ailment is not enough though. In getting the remuneration, which one is justified to deserve, you must think of paying attention on finding the trustworthy Mesothelioma lawyer that would assist you in winning the case. A highly experienced lawyer in this are of expertise will assure for a speedy payment to make certain that his client gets the proper medical care required for Mesothelioma cancer.

Any extremely knowledgeable New York Mesothelioma lawyer knows that when employers conceal the fact that their employees are at risk for asbestos disclosure, they are responsible for the harm done to you. The asbestos lawyers on the available websites over internet are unmatched, when it comes to dealing with cases regarding the asbestos related cancer, and will handle out cases around the clock to make certain that their client gets the help and compensation they truly deserve. After all, the life of every individual has a sense of value and it cannot be neglected.

New York Mesothelioma lawyer are very experienced attorneys to help you fight the case of your cancerous problem and get rightful compensation.


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Sunday, October 2, 2011

New York Mesothelioma Lawyer Works Toward Clients' Benefits

The profession of a lawyer is all about playing with proofs and gathering nuances of the case assigned to him. And when it comes to handling or dealing with Mesothelioma case, the New York Mesothelioma lawyer has to consider minute aspects of this cancerous infection and its causation factors. It is a quite obviously known fact that Mesothelioma is a life threatening disease that gets developed through excessive exposure to asbestos, which is a building material found in mines or construction sites. In fact, the workers at such work spots have to be extra cautious when dealing with asbestos based products. A New York Mesothelioma lawyer would help the worker to get rightful compensation for the loss done to his health because of asbestos exposure.

As per the New York Mesothelioma lawyer, more than 3,500 workers on average are detected with Mesothelioma and other types of diseases associated with asbestos every year. The present data shows that New York is the place with the maximum occurrence of Mesothelioma diseases. A victim might be infected with different categories of this disease, such as pericardial (heart) Mesothelioma, pleural (lungs) Mesothelioma, or peritoneal (stomach) Mesothelioma. Though the case may vary, a common citizen has the right to claim reparation from various companies if he is infected with this disease while working for them.

New York Mesothelioma lawyer deals in cases involving Mesothelioma, which is a malignancy that is caused by coming in contact with asbestos. Malignant Mesothelioma is known as one of the world's hazardous forms of cancer. This disease usually takes away the lives of hundreds of people every year in the United States alone. Numerous people have been exposed to asbestos in their job by breathing in or ingesting minuscule microscopic asbestos fibers. Such types of Asbestos fibers generally settle in the lungs permanently. In this regard, the victim should consult with New York Mesothelioma lawyer to get information. In fact, Asbestos is a mineral that naturally crops up and has been used for padding, fire resistant materials, and clothing.

With an extensive growth in Mesothelioma cases across the US, it is significant for individuals to learn the vital steps in tackling this lethal cancer. One of the primary considerations is the choice of a skilled New York Mesothelioma lawyer. Nowadays, there is no scarcity of Mesothelioma lawyers in the United States. Indeed, the Mesothelioma lawyers are knowledgeable professionals who have been dealing with numerous victorious Mesothelioma lawsuits. The role of these lawyers starts as soon as the disease is being detected in the patient. The majority of Mesothelioma lawyers offer clients complete details on facts and figures on preceding Mesothelioma cases that they have dealt with. This makes it possible for the victim to hire a lawyer, who can help him to get justified compensation for the loss done to his health while working in a particular company having exposure to Asbestos.

New York Mesothelioma lawyer is quite skillful in providing extensive knowledge to the client, so that he may understand the case well and claim the justifiable compensation for the loss done.


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Saturday, October 1, 2011

How to Choose a Mesothelioma Lawyer

Mesothelioma is a rare form of cancer, but the deadliest one of all. The victims of mesothelioma are innocent men and women who did not know that they were being poisoned with asbestos as they worked. The manufacturers and even distributors knew for decades that asbestos was hazardous, but they did not warn people of those hazards. As a result, you have the right of recovery against those manufacturers, which on the other hand can help pay the costs of treatment and provide compensation for your pain and suffering.

Although nothing can truly compensate for loss of health or life, mesothelioma lawyers are devoted to getting you the compensation you deserve. If your life has been affected by mesothelioma directly or indirectly, then you may deserve compensation.

Filing a mesothelioma lawsuit is a long and tedious process. So, it is vital to your case that you find an experienced mesothelioma lawyer, and as soon as you have been diagnosed with the cancer. Most states have a time limit in which you can file your mesothelioma lawsuit. If you miss that deadline, you may find that you are not entitled to make a claim. Earlier you get to a mesothelioma lawyer, the better your chances of success. Here are a few important guidelines in finding a good mesothelioma lawyer.

Mesothelioma Law Firm

There's no such thing as a mesothelioma law firm because one law firm can deal with a variation of cases, but it is best to select a law firm or an attorney that has past experience of dealing with mesothelioma cases. They have already done the leg work and gained the knowledge and experience with mesothelioma. But, do not disregard any other law firm. A mesothelioma case is just like any other case that requires responsibility and discipline from the attorney to win your case. A law firm with a very good reputation can as well handle your mesothelioma case, if not better, even if they have never been exposed to a mesothelioma lawsuit.


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Friday, September 30, 2011

How to Choose a Mesothelioma Lawyer

Mesothelioma is a rare form of cancer, but the deadliest one of all. The victims of mesothelioma are innocent men and women who did not know that they were being poisoned with asbestos as they worked. The manufacturers and even distributors knew for decades that asbestos was hazardous, but they did not warn people of those hazards. As a result, you have the right of recovery against those manufacturers, which on the other hand can help pay the costs of treatment and provide compensation for your pain and suffering.

Although nothing can truly compensate for loss of health or life, mesothelioma lawyers are devoted to getting you the compensation you deserve. If your life has been affected by mesothelioma directly or indirectly, then you may deserve compensation.

Filing a mesothelioma lawsuit is a long and tedious process. So, it is vital to your case that you find an experienced mesothelioma lawyer, and as soon as you have been diagnosed with the cancer. Most states have a time limit in which you can file your mesothelioma lawsuit. If you miss that deadline, you may find that you are not entitled to make a claim. Earlier you get to a mesothelioma lawyer, the better your chances of success. Here are a few important guidelines in finding a good mesothelioma lawyer.

Mesothelioma Law Firm

There's no such thing as a mesothelioma law firm because one law firm can deal with a variation of cases, but it is best to select a law firm or an attorney that has past experience of dealing with mesothelioma cases. They have already done the leg work and gained the knowledge and experience with mesothelioma. But, do not disregard any other law firm. A mesothelioma case is just like any other case that requires responsibility and discipline from the attorney to win your case. A law firm with a very good reputation can as well handle your mesothelioma case, if not better, even if they have never been exposed to a mesothelioma lawsuit.

Searching for a mesothelioma lawyer

You can begin your search on the Internet or in the yellow pages. However, your local or state bar association, and Martindale-Hubbell Law Directory (found in most public libraries) will give you narrower search and help you find your mesothelioma lawyer a whole lot faster. The Martindale-Hubbell Legal Network has a database of over a million lawyers and law firms in 160 countries. You could actually find the Martindale-Hubbell Legal Network online as well. Just search for it in your favorite search engine.

How do you select your mesothelioma lawyer?

The Oklahoma Bar Association has put out excellent guidelines regarding choosing an attorney. They state that "Selecting a lawyer is a personal matter. You must judge which particular attorney will be best for you. Before making a decision, however, you may want to contact several lawyers or law firms to gather some comparative information.

When choosing a lawyer, keep practical considerations in mind: the lawyer's area of expertise, prior experience and reputation, convenience of office location, amount of fees charged and the length of time a case may take. A lawyer's communication skills are another factor. Willingness and ability to talk to you in language you understand and responsiveness to your questions will influence how well informed you are about the progress of your case.

It is advisable that you select an attorney with whom you feel comfortable. These preferences may guide you in selecting someone with whom you feel most comfortable.

It is important that you trust the lawyer you hire—and that you believe he or she will do the best job possible in protecting your legal rights. But keep in mind that most lawsuits and other legal work are not "sure things." You should be cautious of an attorney who guarantees results. No lawyer can be expected to win every case, and sometimes the best legal advice may not be exactly what you want to hear."

When do you seek a mesothelioma lawyer?

The timely process of selecting a mesothelioma lawyer and the proper filing of your mesothelioma lawsuit can make all the difference between a multi-million dollar compensation claim to secure the future of your family (once and if you are gone), and getting nothing at all for your pain, suffering, and loss of life. That means you need to seek a mesothelioma lawyer as soon as you or someone in your family has been diagnosed with this dangerous cancer.

Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.


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