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Cancer Diagnosis

Advocating for Mesothelioma Victims’ Rights

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.

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 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.

Mesothelioma Lawsuits In New York And New Jersey

Mesothelioma claims in New York are unique compared to other personal injury lawsuits. Since mesothelioma can take decades after initial exposure to appear, bankrupt or dissolved companies are common problems in these lawsuits. The asbestos trusts provide enough funding to pay out mesothelioma claims even if the company no longer exists or cannot afford to pay.

Aside from settlement and jury award compensation types, mesothelioma sufferers could also be eligible for compensation through asbestos bankruptcy trust funds, which exist with the sole purpose of reimbursing victims of asbestos exposure even when the company at fault has gone out of business or declared bankruptcy.

Special Veteran Compensation

Veterans with mesothelioma may also receive special compensation awards. Veterans who worked on or built naval vessels and warships could be eligible for asbestos-related disability benefits through the U.S. Department of Veterans Affairs (VA). The VA outlines certain criteria mesothelioma sufferers must meet to qualify for this type of ongoing compensation.

Statutes Of Limitations

The state of 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. Missing the statute of limitations can mean the courts will not hear your case. However, the courts may allow an exception to the deadline in certain scenarios. It is important to speak to a qualified New York City personal injury attorney as soon as possible after a mesothelioma diagnosis to improve your chances of a successful lawsuit.