New York Mesothelioma Lawyers
If you or a loved one has received a mesothelioma diagnosis, you’re likely eligible for significant compensation. Meirowitz & Wasserberg has recovered over $500 million for asbestos exposure victims and other injured people. This includes the largest mesothelioma settlement in Massachusetts history at $39 million. Our New York mesothelioma lawyers are ready to put this experience to work for you while you focus on your health.Mesothelioma is an aggressive and deadly form of cancer that is caused by exposure to asbestos. Mesothelioma lawsuits more often than not lead to significant financial recovery for damages. People with mesothelioma due to asbestos exposure — or surviving family members of the deceased — are eligible to file claims against one or more parties for the harm. Our mesothelioma lawyers in New York can help.
Expertise
Mr. Wasserberg is proud to call himself a Trial Lawyer. He is often a featured speaker at industry summits and gatherings of the nation’s leading attorneys, from both sides of the bar. He is recognized by both his peers and his adversaries and is considered one of the nation’s premier mesothelioma and negligence attorneys
Content written by Dan Wasserberg
- Expertise
Mr. Wasserberg is proud to call himself a Trial Lawyer. He is often a featured speaker at industry summits and gatherings of the nation’s leading attorneys, from both sides of the bar. He is recognized by both his peers and his adversaries and is considered one of the nation’s premier mesothelioma and negligence attorneys
Experienced Mesothelioma Attorney
Quick Links
- Why You Need a Mesothelioma Lawyer
- Why Choose the Mesothelioma Lawyers at Meirowitz & Wasserberg?
- Our Mesothelioma Settlements and Verdicts
- What Our Clients Say
- How to File a Mesothelioma Claim in New York
- Asbestos Trust Funds
- Mesothelioma Lawsuits in New York City, New York State, and New Jersey
- Statutes of Limitations
- Types of Mesothelioma
- Contact Our Experienced Mesothelioma Lawyers
- Our NYC Personal Injury Attorneys
Why You Need a Mesothelioma Lawyer
Mesothelioma takes several decades to develop after initial asbestos exposure. You must identify the source of your asbestos exposure to recover compensation, but doing so can be challenging when so much time has passed. Our mesothelioma attorneys have deep knowledge of the wide range of asbestos sources that may have caused your illness. We can use that knowledge to pinpoint the responsible parties, even if the company is no longer in business.
"Nobody other than a mesothelioma attorney is going to know the different ways and places you may have come into contact with asbestos."
Our New York mesothelioma lawyers know the laws that apply to asbestos-related illnesses and the various forms of compensation you may be eligible for. We’ll work tirelessly to meet your case’s filing deadlines and gather strong evidence of your asbestos exposure. All of this can mean less stress during an already difficult time and more compensation for your damages.
Why Choose the Mesothelioma Lawyers at Meirowitz & Wasserberg?
Our Mesothelioma Settlements and Verdicts
Mesothelioma has catastrophic effects on victims and their families. We have a proven track record of achieving significant settlements and verdicts for people affected by mesothelioma in New York and beyond, including these case results:
- $39 million for a client diagnosed with mesothelioma due to asbestos exposure from a talc medical procedure
- $32 million for a client who developed mesothelioma due to secondhand asbestos exposure
- $18 million for a client who received a mesothelioma diagnosis after using talcum powder throughout her life
- $5.5 million for a former Navy boiler tender and power company employee who developed mesothelioma
What Our Clients Say
Our testimonials have earned us a reputation as some of the top mesothelioma lawyers in New York. Here are just a few of our clients’ words about how we helped them after a mesothelioma diagnosis:
“Choosing Sam and Dan to represent us in my father’s Mesothelioma case is one of the best decisions we could of made as a family. Their honesty, integrity, and compassion is unsurpassed. After interviewing with other law firms they were a clear and unanimous choice for my family. While no amount of money can compensate us for the loss of our dad, Sam and Dan have fought hard on our behalf which has helped us greatly in caring for our mom and her future needs. I highly recommend Sam and Dan and all the kind, compassionate members of their team.”
“We are so fortunate that we met Samuel Merowitz. My husband was diagnosed with Mesothelioma four years ago because of asbestos exposure. We met Sam and his coworkers and they took the case with such compassion and dedication. They provided professional, accurate, efficient legal advice and more. Because of them, our lives are much better now. We are so thankful for having them by our side”
“My husband was diagnosed with a rare form of Mesothelioma in 2015. After the initial shock wore off my husband decided to file a law suit. We called a few places and decided to go with Meirowitz and Wasserberg since my husband felt most comfortable and confident talking to Daniel over the phone. Daniel flew cross country for our initial meeting and we couldn’t have asked for a better attorney. Daniel was so caring and concerned and we both felt so at ease with him. He walked us through everything that might or might not happen and made the process so easy for us so that we could concentrate on my husband’s medical care. Daniel flew out here a few times for depositions and testimonies. When my husband had to have a second surgery he made sure we did not have to travel to New York to appear in court. Everyone we talk to over the phone at Meirowitz and Wasserberg is so friendly and helpful. They have made our difficult time so much easier. I would highly recommend this law firm to anyone looking for a great reliable and caring attorney.”
How to File a Mesothelioma Claim in New York
Our attorneys will handle every step of the claims process. The first step is a free consultation where we’ll discuss your legal options.
If you decide to hire us, we’ll send a lawyer out to meet with you. Your mesothelioma attorney will work to determine how you were exposed to asbestos and identify the responsible parties. Next, we’ll file a lawsuit in New York City on your behalf. Our attorneys will negotiate with the at-fault party or represent you in trial and update you as the case progresses.
Asbestos Trust Funds
Asbestos trust funds are monies set aside by negligent companies to pay out compensation to those impacted by asbestos exposure, including mesothelioma if the company is bankrupt.
These funds are funded with enough money to anticipate future claims and allow affected parties to sue the fund rather than the company for compensation. In 1994, U.S. Congress established section 524(G) under the bankruptcy code, allowing companies with exposure to asbestos lawsuits to create trust funds for this purpose. Numerous companies have filed for Chapter 11 bankruptcy which required the creation of these trusts or Chapter 7 bankruptcy which required companies to sell all assets and distribute funds to victims.
It is estimated that $30 billion remains in the 60 asbestos trust funds in the U.S. Some of the largest trust funds currently in place belong to the following companies; Johns-Manville, Celotex, Eagle Pitcher, and UNARCO.
In order to receive compensation, victims may file claims with these funds. Financial assistance may be available for many difficulties a family will face after a diagnosis or death. Limitations exist as to how many times one may file a claim, and other requirements must be met, including proof of asbestos exposure and a diagnosis of a condition or illness related to this exposure. Other trust-specific criteria may be required. Those who may be able to file a claim include the following:
- Victims of asbestos exposure
- Family members of victims of asbestos exposure
- Family members or an attorney if the victim is too ill to file on their own
Mesothelioma compensation amounts vary by the type of the fund and contemplate a variety of factors. Each trust fund maintains a payment schedule in order to ensure enough money remains for future payouts. These amounts are typically determined by how much a victim is entitled to and the current payout percentage of the fund.
These percentages vary based on the number of claims received and how much has been budgeted for a period of time. In order to receive compensation, victims may file a claim, and compensation may include payouts for medical bills and lost wages. While trust funds are regulated on the federal level, state restrictions may apply in the form of set-offs. Set-offs reduce the amount of money received from a trust fund for future settlements.
Mesothelioma Lawsuits in New York City, New York State, and New Jersey
New York has a long history with asbestos exposure. In 1858, the H. W. Jones was formed in New York City and used asbestos to create fire-resistant roofing materials. The company merged with the Manville Covering Company in 1901 to create the H. W. Johns Manville Company. This newly formed entity continued so manufacture asbestos-filled products including roofing and insulation, and other products. The company buried data for years regarding the connection between asbestos and mesothelioma.
As people became ill during the 1970s and 1980s, countless claims were brought against the company. When a coverup was brought to light, the company’s liability became so large it eventually declared bankruptcy. As part of the bankruptcy process, the Manville Personal Injury Settlement Trust was created to address compensation for those harmed by exposure to the company’s asbestos products. The company is still in existence and was purchased by Berkshire Hathaway in 2001. The company no longer uses asbestos as one of its materials.
Mesothelioma claims in New York are unique compared to other personal injury lawsuits. New York state currently ranks fifth in the nation for mesothelioma and asbestosis deaths. Because the state has been such a hotbed of asbestos-related litigation, the New York Asbestos Litigation Court was created specifically to address these cases. While much of the exposure to asbestos in New York may have occurred in New York City, the potential for exposure exists throughout the state.
Shipyards
With its coastline and rivers, shipping has been an integral industry in New York. Asbestos was used extensively in shipbuilding because it was lightweight and fire-resistant, creating a high risk of exposure for workers and service members.
World Trade Center
Many of New York’s buildings contain asbestos, but as long as the asbestos is contained within the structure, the asbestos does not present as much of a threat. If degradation or renovation occurs, however, asbestos fibers can be released into the environment and cause significant exposure.
The 9/11 disaster of the World Trade Center was one of the most shocking examples of construction dust and debris being released into the air. First responders were likely to have inhaled toxic building substances, including asbestos.
Statutes of Limitations
New York only allows three years from the date of diagnosis to file a personal injury claim.
If your loved one passed away from mesothelioma, you only have two years from the date of death to bring a wrongful death claim. However, the courts may allow an exception to the deadline in certain scenarios. It is important to speak to a qualified New York City mesothelioma attorney as soon as possible after a mesothelioma diagnosis to improve your chances of a successful lawsuit.
Failure to file a claim within the statute of limitations may result in courts refusing to hear the case. While the courts may agree to hear the case in certain circumstances if these deadlines are not met, this is not guaranteed. Consultation with an attorney who specializes in these types of cases is important to determine options in order to timely file a claim and comply with applicable legal requirements.
The laws surrounding asbestos and mesothelioma litigation are complex. If you have been affected by mesothelioma, you have limited time to file a claim. The attorneys at Meriowitz & Wasserberg specialize in these types of cases, are well-versed in New York state law, and will work with you to obtain the compensation you deserve.
Types of Mesothelioma
Mesothelioma has several subtypes. Each type of mesothelioma affects a different area of the body and causes different symptoms.
What Are Mesothelioma Symptoms?
It typically takes 10 to 50 years after exposure to asbestos for mesothelioma to form. About 3,000 new mesothelioma diagnoses occur every year.
Depending on the location of the cancer, it can cause difficulty breathing, low oxygen levels, fatigue, loss of appetite, nausea, bowel obstruction, heart palpitations, coughing, or chest pain. The average life expectancy upon diagnosis is six to 18 months. Asbestos exposure is the only known cause of mesothelioma.
Pleural Mesothelioma
Pleural or lung mesothelioma is the most common type of this cancer. It originates in the soft tissue or lining of the lungs and is caused by asbestos exposure. The pleural lining is made up of two layers, one that covers the chest cavity and another that covers the lungs.
When the fiber-like particles of asbestos are inhaled, they adhere to the lungs and eventually make their way into the pleural lining, causing inflammation, irritation, and, eventually, the growth of cancerous cells that can quickly move from one layer to the other. Masses can grow in the lungs along with an accumulation of fluid in the chest cavity.
Symptoms are often not present until the disease is in the later stages and can include chest pain, shortness of breath, coughing up blood, difficulty swallowing, and a dry cough. Tests are typically conducted to confirm a diagnosis, including imaging scans and biopsies. The period from the exposure point to the onset of symptoms is between 20 and 50 years.
The average age of diagnosis for a pleural mesothelioma patient is 72. This type of mesothelioma accounts for 75% of all cases. While the anticipated lifespan is approximately 18 months, depending upon treatment plans and other factors, some may live for years after they are diagnosed. Treatment plans typically include chemotherapy, surgery, radiation therapy, and immunotherapy.
Peritoneal Mesothelioma
Peritoneal mesothelioma is much less common than pleural mesothelioma, accounting for around 20% of all cases. This cancer originates in the lining of the abdomen and is caused by the ingestion of asbestos fibers, where these fibers have traveled from the digestive system to the peritoneum.
The cells become irritated and DNA is damaged, and over time, the abdominal lining is thickened. Symptoms of the disease include abdominal pain, abdominal distension, a feeling of fullness, and constipation or diarrhea. As these symptoms can be indicative of other conditions, testing to confirm a diagnosis would be done by a biopsy. The latency period is typically 20 to 40 years from the point of exposure.
There are three stages of this type of cancer:
- Stage 1: Cancer cells are minimal, and tumors are held within the abdominal lining.
- Stage 2: Cancer cells are moderate, and tumors are held within the peritoneal lining.
- Stage 3: Cancer cells have become more pervasive, and tumors may have spread past the abdominal lining and into the lymph nodes.
The average life expectancy is approximately 12 months past diagnosis; however, a combination of treatments can extend the lifespan of patients by more than five years. Treatment plans may include surgery and/or heated chemotherapy, also known as hyperthermic intraperitoneal chemotherapy or HIPEC.
Pericardial Mesothelioma
Pericardial mesothelioma starts in the heart lining. This type of cancer is very rare, accounting for only 1% of all diagnosed cases. Over time, after exposure, excess fluid builds up in the pericardial sack, and the pericardial lining thickens.
Symptoms may include heart palpitations, trouble breathing, persistent coughing, and fatigue. As this form of cancer is rare, symptoms may go unnoticed until the advanced stages.
The prognosis is generally poor for this type of cancer, with an expected life span of fewer than six months. Testing is done to confirm a diagnosis, including an echocardiogram, which is a test utilizing soundwaves to test heart function and effusion cytology, in which a pathologist inspects fluid around the heart for signs of mesothelioma. Clinical trials and other treatment options include surgery, pericardiocentesis, draining of fluid around the heart, and chemotherapy.
Testicular Mesothelioma
Testicular mesothelioma is extremely rare, accounting for less than 1% of all cases. This cancer forms on the membrane lining the testes. Doctors do not yet understand how asbestos exposure results in this rare form of the disease.
Symptoms are typical of other conditions, so this form of mesothelioma is often misdiagnosed. The most common symptom is a buildup of fluid in the scrotum. This type of cancer may be painless. Testing to confirm a diagnosis would entail the evaluation of a biopsy. The most common treatment is surgery, with a small percentage of patients receiving radiation therapy.
The prognosis for this type of cancer has a much better survival rate than other types, with 49% of patients surviving more than five years and 33% surviving more than 10 years.
Contact Our Experienced Mesothelioma Lawyers
If you or a loved one has been diagnosed with mesothelioma, a New York City mesothelioma attorney at Meirowitz & Wasserberg, LLP, can help. There is a high chance you could be eligible for a financial award from asbestos exposure, even if it occurred decades ago.
Call us or contact us online for your free consultation with our experienced legal team.
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