Call Us :216-575-0777
Call Us :216-575-0777
Mesothelioma is a terminal form of cancer with only one known cause: exposure to asbestos. For years, asbestos was one of the most commonly used materials in construction projects and as a major ingredient in many consumer products, and this has adversely affected many in New York. If you or a family member was recently diagnosed with mesothelioma, you shouldn’t wait to speak with a New York mesothelioma lawyer.
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The attorneys at Kelley Ferraro, LLC have nearly 30 years of experience representing clients in mesothelioma cases nationwide, including many in New York. When you choose our firm to represent you in a mesothelioma case, you will have an experienced and dedicated legal advocate ready to answer your questions and address your concerns throughout your case. Our goal is to pursue the compensation the law allows for your diagnosis.
Our team includes trial attorneys who have recovered more than $1 billion in damages* for individuals diagnosed with mesothelioma and for family members who have lost loved ones to this disease. After you or a loved one receives this diagnosis, you are likely to have many difficult questions that only a skilled New York mesothelioma attorney can answer.
*Past results do not guarantee a similar outcome in your case.
When you hire our firm for your mesothelioma case in New York, we will carefully review all relevant information, determine your most viable legal options, and explain the steps involved in pursuing compensation for your diagnosis.
Asbestos exposure is the only known cause of mesothelioma. This is not a very common form of cancer, but there are roughly 3,000 new cases diagnosed each year in the US. Mesothelioma has a very long latency period before symptoms appear. It can sometimes take decades for a victim to develop noticeable symptoms, and by this time, the disease will have already reached an advanced critical stage.
It is also possible for someone who works with or near asbestos to carry these particles on their clothing into their home, potentially exposing their family to the substance. Ultimately, there are many ways for someone to be exposed to asbestos, and there is no safe level of exposure. Even a small amount of asbestos exposure can play a role in causing mesothelioma, but repeated exposure can greatly increase the speed at which the disease develops.
Asbestos causes mesothelioma when particles enter the body, usually through the lungs. These particles, when released from damaged asbestos-containing materials and other sources, are very small, sharp, and light, and they can remain suspended in still air for very long periods. Once someone inhales these particles, they embed in the lung tissue and gradually develop into mesothelioma. This cancer can also form in the abdomen when particles are ingested.
Once symptoms appear, they often mimic those of other, less serious respiratory conditions, such as pneumonia or a standard respiratory infection. However, these symptoms will gradually increase in severity and evolve. After a mesothelioma diagnosis, treatment will typically focus on managing symptoms, maintaining the patient’s quality of life, and extending life expectancy as much as possible.
Unfortunately, the five-year survival rate for mesothelioma is relatively low. When it is detected early, outcomes are slightly better, but ultimately, this is an incurable and terminal form of cancer. When mesothelioma is accurately diagnosed in a localized region of the body, the relative five-year survival rate is about 23%. Once it has spread to distant regions of the body, this rate drops to about 11%.
After you or a family member is diagnosed with mesothelioma, your New York mesothelioma lawyer at Kelley Ferraro, LLC can determine your most viable legal options. Many companies throughout the US that formerly produced asbestos-containing products, managed construction projects using asbestos for insulation, and others managing high-risk operations were required to create mesothelioma injury trusts to compensate those adversely affected by these products.
These trusts continue to disburse millions in compensation to claimants across the United States each year. Your New York mesothelioma lawyer can determine whether you qualify to file a claim to any such trust and, if so, guide you through the claim-filing process. You may also have additional avenues of legal recourse, including a personal injury lawsuit, and New York law sets a filing deadline for these claims, described below.
New York law gives you a limited window to file a mesothelioma lawsuit. Under CPLR § 214-c, you generally have three years to file, but that three-year period generally starts on the day you discover your mesothelioma, though in some cases it can start a little earlier or later depending on your situation, not the day you were exposed to asbestos years or decades earlier. Courts use this rule because mesothelioma often takes 20 to 50 years to develop after exposure, so a deadline tied to the exposure date would leave almost no time to file once symptoms appear. Because your exact deadline depends on your diagnosis date and medical records, a New York mesothelioma lawyer can review your case and confirm how much time you have left to file.
If your loved one has already passed away from mesothelioma, New York gives you a separate window to file. A wrongful death claim generally must be filed within two years of the date of death, rather than the three-year deadline described above.
Because these deadlines run on their own timelines, it’s worth speaking with a lawyer as soon as possible to make sure your family doesn’t lose the ability to file.
Many New York asbestos cases are filed in what is known as NYCAL, short for the New York City Asbestos Litigation docket. NYCAL is a special part of the Supreme Court in New York County that has handled asbestos injury and wrongful death cases since 1988, under its own set of court rules for scheduling, evidence, and trial. If your asbestos exposure happened outside New York City, your case may instead need to be filed in a different county, based on where the exposure occurred or where the responsible company can be sued. Your attorney can tell you where your case should be filed.
One of the most challenging aspects of any mesothelioma case in New York is accurately determining the source of the victim’s exposure. You need to prove when, where, and how you were most likely exposed. This will help your attorney narrow down a list of potential defendants against whom you can direct your legal efforts. For example, you may have grounds to file a personal injury claim for toxic exposure.
Kelley Ferraro, LLC has years of experience filing these cases against asbestos product manufacturers, distributors, property owners, and other companies on behalf of clients nationwide. We can handle the high volume of research these cases typically require, often reviewing decades’ worth of records to help our clients accurately determine the most likely sources of their exposure.
Your New York mesothelioma lawyer can help you pursue compensation for damages related to this diagnosis. Mesothelioma typically requires expensive medical care, and once the disease has progressed to the point of causing noticeable symptoms, it will have already reached a critical stage.
In a personal injury case involving asbestos exposure, the plaintiff has the right to claim compensation for economic damages related to their diagnosis. These typically include medical expenses and lost wages. However, a skilled attorney can also help their client seek compensation for anticipated future medical treatment costs, if the case supports it, including the cost of palliative care, and compensation for future income the client is no longer able to earn due to their illness.
Along with economic damages, the plaintiff in a mesothelioma case can potentially recover compensation for the pain and suffering they have experienced. Not only does mesothelioma cause painful symptoms, but the psychological trauma of receiving a terminal diagnosis is life-changing. Your attorney can help you pursue compensation for the pain and suffering you have experienced because of your mesothelioma diagnosis.
In some cases, a court may award punitive damages against defendants who have been grossly negligent or acted outside the scope of typical negligence. For example, if your previous employer hid an asbestos risk at your worksite, failed to provide necessary safety equipment, or failed to follow applicable workplace safety regulations, this can lead to severe penalties, including the possibility of punitive damages.
Ultimately, each mesothelioma case is unique, and everyone diagnosed with mesothelioma faces different challenges in proving liability and recovering compensation. When you hire a mesothelioma lawyer at Kelley Ferraro, LLC, you have a dedicated legal representative ready to provide responsive, individualized legal counsel throughout your case, from proving liability to pursuing the compensation you may be entitled to under New York law.
You generally have three years from the day you discover your mesothelioma diagnosis, under CPLR § 214-c. A New York mesothelioma lawyer can confirm the deadline for your case.
NYCAL is the New York City Asbestos Litigation docket, a special part of the Supreme Court in New York County that has handled asbestos cases since 1988. Not every New York asbestos case is filed there, since it depends on where you were exposed.
You may still be able to file in New York if you live here now, or if a responsible company can be sued here. A mesothelioma lawyer can review your work history and tell you which states where you may be able to file in.
No. Many mesothelioma claims settle before trial, though some cases only settle once a lawsuit has been filed. Your lawyer can advise you on the likely path for your specific claim.
This is common, since exposure often happened decades ago through many products and job sites. Your attorney can use employment records and product research to help identify the companies responsible.
Kelley Ferraro, LLC handles most mesothelioma cases on a contingency fee basis, so you pay nothing upfront and owe a fee only if the firm recovers compensation for you.
After you or a loved one receives a mesothelioma diagnosis, it’s important to speak with a New York mesothelioma lawyer as soon as you can. Your legal representative can determine your most viable options for recovering compensation and obtaining accountability for whoever is responsible for the asbestos exposure that caused your condition. You may be eligible to file a claim with a mesothelioma injury trust, file a personal injury case, or pursue multiple legal options.
Your New York mesothelioma attorney at Kelley Ferraro, LLC will review employment records and other documentation to help you determine the most likely source of the asbestos exposure that caused your mesothelioma. After accomplishing this step, your attorney will advise you of your legal options and calculate the damages related to your diagnosis.
When you are eligible to file a personal injury case for asbestos exposure, it’s possible to settle the claim outside of court if the defendant accepts liability. Many defendants wish to resolve these cases as quickly and as quietly as possible. If you are able to reach mutually agreeable terms for resolving the case, it’s possible to resolve it much faster than you could expect in litigation.
However, litigation is sometimes unavoidable. The team at Kelley Ferraro, LLC, is a team of trial attorneys with an extensive record of successful litigation on behalf of clients in mesothelioma cases nationwide. We are fully prepared to represent you in court if necessary and to advocate for your case throughout litigation.
If you are concerned about the cost of hiring a mesothelioma lawyer, we accept most of these cases on a contingency fee basis. This means that there is no cost to you unless we recover compensation on your behalf. This contingency fee policy helps make sure that the legal representation you need is accessible when you need it most.
Because New York’s three-year filing deadline can run out sooner than expected in a case involving a long-latency disease like mesothelioma, it helps to speak with a lawyer soon after diagnosis to preserve your options. The team at Kelley Ferraro, LLC is ready to provide the compassionate legal support you need for this challenging case. Contact us today to schedule a free consultation with an experienced New York mesothelioma lawyer. Our team looks forward to representing you.
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