For millions of Americans who have worked hard their entire life, retirement means finally relaxing and enjoying family. Unfortunately for some, their lifetime of work may come at a cost. After being exposed to asbestos many years ago, many victims are being diagnosed with cancer. Years of working hard to provide for your family has left you with an illness. But you can choose to fight back with a mesothelioma lawsuit.
What Are The Statutes Of Limitations For Mesothelioma Cases In NY?
In a personal injury lawsuit, there is commonly a statute of limitations that must be followed when filing a claim. This restricts victims to having a certain period of time to file a lawsuit. The statute of limitations is why it is crucial to act fast if you wish to pursue a personal injury lawsuit. The timeline varies on a case by case basis, and for mesothelioma victims, the statute of limitations is slightly different.
The “Discovery Rule” for Asbestos Cases
In many personal injury cases, the statute of limitations begins at the point of injury. For mesothelioma victims, it is a bit more complicated. Because mesothelioma symptoms do not appear until long after the asbestos exposure, New York State has issued the “Discovery Rule” for a mesothelioma lawsuit due to asbestos. Generally, the “Discovery Rule” is for personal injury claims based on the latent effects of exposure to any substance and it is “computed from the date of discovery of the injury by the plaintiff or from the date when through the exercise of reasonable diligence such injury should have been discovered by the plaintiff, whichever is earlier”. However, there are even exceptions to this rule; and, as such, you should always seek legal advice from an attorney so they may properly advise you of the applicable statute of limitations given the specific facts and circumstances of your exposure claim and the discovery of your illness.
Generally, the clock starts running and your statute of limitations begins at the moment of a preliminary or confirmed diagnosis. This gives victims the opportunity to seek compensation when they have all of the information available to them instead of being left with a disease and no options. The statute of limitations in which to commence a mesothelioma lawsuit may vary depending on whether it is a wrongful death claim by the family, or personal injury claim by the mesothelioma patient, or a claim against a municipality. This is a very confusing area of law with complicated exceptions. Therefore, immediately consulting with an attorney is crucial to ensure that your claim is not time-barred.
Compensation We Pursue in Mesothelioma Cases
There are various elements of compensation a personal injury attorney may pursue when it comes to mesothelioma settlements. Reparations may include:
- Lost wages and productivity
- Medical expenses
- Funeral costs
- Pain, suffering, and emotional damage
How to Get Started Filing a Mesothelioma Lawsuit in NY
After discovering your diagnosis of mesothelioma, and confirming the cancer was a result of exposure to asbestos, the first step in filing a lawsuit would be to research a New York mesothelioma lawyer. Once you find an attorney who you deem is the right fit to work with, you must contact them first to get the potential partnership started. After you contact them initially, schedule a consultation. Then, they will be able to determine if you have a reasonable case and will help you fill out any paperwork and walk you through the filing process. Once you begin working with a lawyer who handles asbestos claims, they will take on the work for you and fight for your owed reparations.
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