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NYC Asbestos Lawyer
Most Americans are at least somewhat familiar with asbestos and the dangers it presents, and the New York City asbestos lawyers at Meirowitz & Wasserberg, LLP, believe New Yorkers should be especially aware of the dangers of asbestos. For decades, asbestos was the go-to fire retardant used in most construction work. Asbestos was also a main component in many building materials including textiles, cement compounds, roofing shingles, floor tiles, ceiling materials, and car parts. Over time, researchers exposed the glaring links between asbestos exposure and several types of lung diseases, including mesothelioma, lung cancer, and pleural disease.
Understanding Asbestos
“Asbestos” actually refers to any of six naturally occurring fibrous minerals, including actinolite, tremolite, anthophyllite, chrysotile, crocidolite, and amosite. Of these six minerals, chrysotile and amosite were the most commonly used. Asbestos fibers are microscopic yet very durable against fire and many other chemical reactions. Asbestos use declined rapidly in the late 1970s after it became apparent that asbestos exposure led to multiple health conditions, putting hundreds of thousands of lives at risk.
One of the most dangerous aspects of asbestos is that there is no safe exposure threshold. There is no safe type of asbestos and no level of exposure is safe at all. Anyone who has had any occupational contact with asbestos fibers is at serious risk for the many health problems asbestos can cause. In the early 1980s, workers in shipbuilding, power plant employees, construction workers, manufacturers and veterans all began reporting health complications that doctors linked to asbestos exposure.
Asbestos-Related Illnesses
The reason asbestos is so hazardous is also the reason it was so heavily sought after as a building material and fire retardant, its durability. Asbestos fibers are very durable and very small, so people exposed to asbestos commonly inhaled the fibers without realizing it. Over time, these fibers accumulated in the lungs and caused various problems. Today, researchers have linked three major lung conditions to asbestos exposure: 1.) mesothelioma; 2.) lung cancer; and 3.) asbestosis.
Mesothelioma is a very aggressive form of cancer that affects both the lungs and the lining of the inner body cavity or mesothelium. Pleural mesothelioma is the most common form of the disease found in the lining of the lungs. Peritoneal mesothelioma affects the lining of the abdominal cavity, and pericardial mesothelioma attacks the lining of the heart.
Any type of mesothelioma has a dire prognosis, but treatment options are available. In addition to these types of mesothelioma, asbestos can also cause asbestosis, a degenerative and progressive respiratory condition. Although nonmalignant in nature, asbestosis results from scar tissue forming on the visceral surface of the pleura (the lining of the lungs) and can signal the onset of mesothelioma.
Asbestos In New York City
New York City has been the business and cultural capital of the world for many years, and due to its large population, the construction in the city is an ongoing challenge and expensive endeavor. Between 1999 and 2013, New York ranked fifth in the United States for mesothelioma and asbestosis deaths. In those years, 2,080 of the 2,406 deaths were due to mesothelioma, and asbestosis claimed 326 lives.
New York City is widely regarded as the birthplace of the asbestos industry. Due to the need for housing and construction in a highly congested area, fire protection has been a top priority for New York City builders for generations. Asbestos at first seemed like the perfect solution as it was readily available, affordable, and very reliable in fire prevention. The Johns Manville Corporation started mining the materials for asbestos insulation in 1858 and asbestos use proliferated in the area for the better part of a century.
New York officials have enacted strict regulations to prevent new applications of asbestos and to prevent asbestos-related illnesses, but there are nearly 400 job sites, institutions, and public buildings throughout the state of New York where asbestos exposure remains a serious issue. There are also concerns over naturally occurring asbestos, including the asbestos deposits near Gouverneur in Jefferson County. Prior to 1981, this area reported the highest mesothelioma rates in the United States.
Health Impact Of 9/11 On New Yorkers
After the World Trade Center attacks on September 11, 2001, the asbestos fallout resulting from the collapse included nearly 5,000 tons of MonoKote, a building material produced by W.R. Grace & Company, used in the construction of the Towers in the 1960s. The 5,000 pounds of MonoKote spread across Lower Manhattan and Brooklyn following the attack, and residents in the area continue to report unusually high rates of respiratory disorders.
Deteriorating Infrastructure Problems
Many of the legislative measures taken to combat asbestos-related illness and death included careful inspection of remaining asbestos insulation. During the summer of 2007, old steam pipes insulated with asbestos burst and exposed those nearby to the asbestos fibers. One of the pipes exploded in Manhattan and the other in downtown Boston. Older cities typically have a much harder time keeping pace with the need for infrastructure repairs, so some problems often linger until they become pressing concerns.
High-Risk Occupations For Asbestos
New York City has been a transportation hub since the 1800s, and construction in the city is nearly constant due to a rapidly growing population and deterioration of existing infrastructure. Construction is statistically the most dangerous industry in which to work, and construction jobs typically carry a higher risk of asbestos exposure than other occupations. Since many transportation centers and structures used asbestos in their construction, those working in these occupations also face a higher degree of risk.
The construction boom in the early 20th century led to many public schools, public housing units, offices, churches, sewage treatment plants, restaurants, bars, and any other public building having asbestos in some form. As these older structures fell into disrepair, the workers charged with renovating, demolishing or repairing them came into contact with asbestos. Although asbestos falls under heavy regulation today, construction workers and transportation employees still face a higher degree of risk of asbestos exposure than other professions.
Another dangerous aspect of asbestos exposure is that mesothelioma, one of the most dangerous asbestos-caused illnesses, has a long latency period before it becomes actively harmful, sometimes waiting as long as 15 to 60 years before becoming a pressing health concern. This can make it extremely difficult for people who contracted the illness years ago to secure compensation from the responsible parties. It’s also vital to recognize that even the relatives and loved ones of people exposed to asbestos are at risk. Asbestos fibers can cling to shoes, clothing, skin, and hair, spreading to others at home. Some of the highest-risk occupations for asbestos exposure include:
- 9/11 first responders
- Aircraft mechanics
- Auto mechanics
- Bricklayers
- Boilermakers
- Carpenters
- Cement finishers
- Electricians
- Engineers
- Firefighters
- Foundry workers
- Machinists
- Mechanics
- Painters
- Pipefitters
- Plumbers
- Sheet metal workers
- Steamfitters
- Welders
This is not an exhaustive list — any number of tradesmen may encounter asbestos on the job, and it’s vital for these individuals to know their rights after a diagnosis of an asbestos-related illness.
Filing A Lawsuit For Asbestos-Related Illnesses
Although a lawsuit for an asbestos-related illness will likely fall under the purview of personal injury law, asbestos lawsuits are different than other personal injury lawsuits. Since the issue has been well-known for quite some time, asbestos lawsuits often involve the same attorneys, law firms and expert witnesses. Additionally, many asbestos-related lawsuits in New York City involve the same locations known for asbestos hazards.
Asbestos-related lawsuits are also different in that the courts have specialized “asbestos dockets” aimed at speeding up the litigation process. Asbestos-related illnesses are serious and progress very rapidly, so the court expedites legal proceedings for asbestos lawsuits so plaintiffs have a better chance of securing compensation fast enough for it to count. Most asbestos cases can be filed with New York City Asbestos Litigation (NYCAL). divides asbestos claims into two sections: in extremis, for those suffering from lung cancer and mesothelioma, and first-in-first-out (FIFO) cases for individuals with nonsevere conditions and individuals who are deceased at the time of filing. Those cases that do not qualify for NYCAL can be filed Upstate. Regardless, anyone suffering from an asbestos-related illness should contact a reliable attorney as soon as possible to start the filing process.
Work With Meirowitz & Wasserberg, LLP
The team of New York City asbestos attorneys at Meirowitz & Wasserberg, LLP, understands how serious asbestos-related claims are, and we work closely with clients to fully represent every aspect of every case. An asbestos-related illness lawsuit for lung cancer or mesothelioma can help those suffering from these conditions recover compensation for medical expenses, pain and suffering, lost income, and other losses.
We offer free case evaluations to potential new clients, so reach out to us today to schedule a meeting with one of our attorneys. We’ll review the details of your situation and your medical report to assess what type of compensation you might secure through a lawsuit. The dangers of asbestos have been well-known for decades, so negligent parties responsible for dangerous asbestos need to take responsibility for the damages they cause. Contact Meirowitz & Wasserberg, LLP, today to get started with your asbestos-related illness lawsuit today.
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Asbestos Exposure
Asbestos exposure is serious and deadly. Asbestos is a carcinogen that can cause several types of cancer as well as other serious illnesses, including:
- Lung disease
- Asbestosis
- Mesothelioma
- Gastrointestinal cancer
- Lung cancer
- Laryngeal cancer
Asbestos Exposure
So what is asbestos? It is a flame-retardant material that was used in the manufacture of many different products: building materials such as insulation, tiles, shingles and pipes, as well as clothing and sealants. The laws have since changed, and asbestos is no longer used in the manufacture of new products. However, it is still a danger.
Workers can come into contact with asbestos when they work in the demolition of existing materials. Construction workers are at the greatest risk for asbestos exposure. In most cases, asbestos dust is accidentally inhaled, although it is also possible to ingest fibers.
If you have been exposed to asbestos at your job, you may be entitled to workers’ compensation if you become ill from mesothelioma or another disease. You may also be able to file a personal injury lawsuit. However, it is best to have a lawyer’s help to get the benefits you need and deserve. The attorneys at Rosenbaum & Rosenbaum, P.C., can help.
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NYC Mesothelioma Lawyer
NYC MESOTHELIOMA LAWYER
If you or a family member have been diagnosed with mesothelioma cancer, you may be entitled to a substantial monetary award.
At Mirman, Markovits & Landau, P.C., our NYC mesothelioma injury lawyers have decades of experience handling these delicate and complex matters. Our experience and prior results can be invaluable as you pursue compensation of your own.
Give our NYC law office a call to arrange a free consultation to find out how we can help you navigate this difficult time in your life. Our compassionate and caring team is always standing by to take your call, so don’t hesitate to reach out to us today.
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How Will a Personal Injury Lawyer Help Me If I’ve Been Diagnosed With Mesothelioma Cancer?
Your world may shatter after you’ve been diagnosed with mesothelioma. Medical bills can become incredibly expensive and your treatment may leave you tired, depressed, and sad. You may worry about your family’s financial stability after you’re gone. Fortunately, there might be a way to help you navigate these difficult days. You may be entitled to a financial award from a manufacturer, employer, or property owner who is responsible for exposing you to asbestos.
Money isn’t a cure, but it can make a huge difference for you and your family. By hiring a NYC personal injury lawyer with experience handling mesothelioma injury cases, you can spend your time with your family without having to worry about navigating the complexities and challenges of a lawsuit.
At Mirman, Markovits & Landau, P.C., our NYC mesothelioma attorneys have more than 200 years of combined legal experience. Why should this matter to you? Mesothelioma cases can be particularly challenging, especially if you’re not quite certain when or where you were exposed to asbestos. We’ve handled mesothelioma cases in NYC for decades, so we’re intimately familiar with the steps that must be taken to get you the results you deserve.
When you hire our law firm to help with your mesothelioma case, we will:
- Determine when and where you were likely exposed to asbestos in NYC
- Identify who might be responsible for your mesothelioma injury
- Build a strong claim on your behalf, backed by solid evidence and expert testimony
- Speak with medical doctors and mesothelioma experts as we determine what your case is likely worth
- Negotiate with employers, insurance companies, and at-fault parties on your behalf, and
- Bring your case to a jury, if that’s what it takes to secure a financial award for you.
We do not want you to spend your last few months or years worrying about money or a lawsuit. We want you to enjoy your life and spend as much time doing the things you love as you can. Our team is prepared to handle the ins-and-outs of your case so that you have the opportunity to do that. You just have to give our NYC law office a call to arrange a free consultation and learn more.
What is Mesothelioma?
A mesothelioma is an aggressive form of cancer that is usually caused by exposure to asbestos. This type of cancer affects the mesothelium, which is a thin layer of tissue that covers your internal organs. There are actually many different types of mesothelioma, depending on which part of the body is affected, and the type of cancer cell that develops.
PLEURAL MESOTHELIOMA: Cancer affecting the tissue surrounding the lungs. This is the most common type of mesothelioma cancer, accounting for 3 out of every 4 diagnoses.
PERITONEAL MESOTHELIOMA: Cancer affecting the tissue in the abdomen.
PERICARDIAL MESOTHELIOMA: Cancer affecting the pericardial sac, or the tissue surrounding the heart.
TESTICULAR MESOTHELIOMA: Cancer affecting the tissue surrounding the testes.
SARCOMATOID MESOTHELIOMA: A rare but the most aggressive form of cancer, accounting for between 10 and 20 percent of all Pleural mesothelioma diagnoses. Sarcomatoid cells are long and spindle-shaped and can merge together to form a large fibrous mass.
EPITHELIOID MESOTHELIOMA: This type of cancer cell is found in between 70 and 80 percent of all mesothelioma cancer patients and is more easily treatable than sarcomatoid cells.
BIPHASIC MESOTHELIOMA: Some mesothelioma patients have both sarcomatoid and epithelioid cells in their body.
How Common is Mesothelioma?
Mesothelioma is considered to be a rare form of cancer. Experts believe that about 20 million Americans are at risk of developing mesothelioma at some point in their lives. There are approximately 3,000 new diagnoses and 2,500 deaths every year.
Between 1999 and 2015, there were 54,418 mesothelioma cases in the United States. During that time and in the following year, there were 45,009 deaths. Despite the fact that asbestos isn’t used anymore – and is actually prohibited in many places – the number of diagnoses and deaths has not declined in recent years. In fact, deaths have increased. In 1999, 2,479 people died from mesothelioma. In 2016, there were 2,597 reported mesothelioma fatalities.
Mesothelioma More Prevalent in New York Than Many Other States
Generally speaking, mesothelioma is most prevalent in people who live in the south or midwest. However, when you look at mesothelioma cases by state, New York is near the top of the list. Between 1999 and 2015, there were 3,469 mesothelioma diagnoses and 2,475 deaths in the state. Only California, Florida, and Pennsylvania reported more.
What Causes Mesothelioma?
Mesothelioma is believed to be caused by exposure to asbestos. Asbestos is a naturally occurring mineral that’s resistant to heat and flames. So, for decades, it was widely used in manufacturing and industrial applications.
However, asbestos creates a fine powder or dust when it is mined or extracted. When workers inhale this asbestos dust, the particles settle on the mesothelium and irritate the tissue. Researchers aren’t really sure how or why this causes cancer cells to develop, grow, and spread. But they do.
It’s believed that there’s anywhere between a 10 and 20 percent chance of developing mesothelioma if you’ve worked with or been exposed to asbestos. You can even develop mesothelioma if you live with someone who has indirect or direct contact with asbestos. The greater your exposure, the higher the risk.
Mesothelioma is an Occupational Disease
Mesothelioma is considered to be an occupational disease because most people are exposed to asbestos on the job. This means that the cancer diagnosis is a result of the job or working conditions.
New York City is filled with buildings and workplaces that are filled with asbestos. You may have an increased risk of developing mesothelioma if you’ve held any of the following jobs:
- Mechanics
- Welders
- Maintenance workers
- Electricians
- Furnace operators
- Construction workers
- Factory workers
- Insulators
- Shipbuilders, including those who worked at the Brooklyn Navy Yard
- Firefighters and first responders
- Mining
- Plumbers
- Military servicemember
- First responder, particularly those on September 11, 2001
- Carpenters, and
- Railroad workers.
Sadly, many times, occupational illnesses like mesothelioma are avoidable. However, they happen because workers aren’t provided with necessary safety equipment, as required by federal and New York state law.
Filing a Mesothelioma Injury Lawsuit in New York City
Mesothelioma is a serious workplace hazard. The potential risk of working with or around the mineral is quite severe. That’s why there are strict federal and state regulations in place to minimize worker exposure.
Employers must comply with maximum exposure amounts – or a Permissible Exposure Limit (PEL) – as established by the EPA and OSHA. In other words, employers have to regularly monitor a workplace to determine the concentration of asbestos there and work to minimize it.
If workers are exposed to asbestos at work, they must be provided with safety equipment to limit or prevent inhalation and ingestion.
If your employer failed to comply with state or federal asbestos laws, they might be liable for your mesothelioma-related damages.
Alternatively, you may be able to recover compensation from an asbestos product manufacturer, property owner, or anyone else who contributed to your exposure to asbestos.
Signs and Symptoms of Mesothelioma
It can take anywhere between 20 and 60 years to notice signs of mesothelioma after you’ve been exposed to asbestos. The symptoms you experience will ultimately depend on your specific mesothelioma cancer diagnosis – or where the cancer is located. Generally speaking, however, common signs include:
- Chest pain
- Shortness of breath
- Unexplained weight loss
- Nausea and vomiting
- Fatigue
- Lumps of tissue under the skin, and
- Abdominal pain and discomfort.
It’s important to seek medical treatment as soon as you notice any signs of mesothelioma. While the disease is not considered to be curable, there are treatment options, including radiation and surgery. If your cancer is caught early on, these treatments can add months or years to your life.
Damages Available to Mesothelioma Victims in New York City
When you’re fighting mesothelioma, you can easily spend tens of thousands of dollars on medical care every single month. That doesn’t factor in things like lost wages and the emotional distress and discomfort you struggle with every day. If you were exposed to asbestos because your employer was negligent or reckless, these aren’t consequences you should have to deal with on your own.
That’s why the NYC asbestos attorneys at Mirman, Markovits & Landau, P.C. will aggressively pursue monetary damages from your employer and other negligent parties on your behalf. This might include money for:
- Medical bills, including chemotherapy, radiation, surgery, and medication
- Nursing care or hospice
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disability, and more.
Has a loved one died because they developed mesothelioma after being exposed to asbestos at work in New York City? You might be entitled to a financial award to compensate for your devastating loss. Money might be available to help with the cost of a funeral and your loved one’s medical bills before death. A wrongful death lawsuit can help to take care of your family financially for years to come.
Give us a call today to discuss your case and learn a little bit more about how we might be able to help.
Statute of Limitations for Mesothelioma Lawsuits in NYC
We understand that this is a very difficult time for you and your family. However, you will risk losing the ability to recover a substantial monetary award if you do not act quickly. New York state limits the amount of time you have to file a lawsuit and demand compensation.
In most cases, you will have up to three years from the date of your initial mesothelioma diagnosis to file a personal injury lawsuit.
Don’t let the money you deserve slip through your fingers. Call Mirman, Markovits & Landau, P.C. to find out how we can help you fight to secure all of the compensation you and your family need. If you can’t come to us for a free consultation, we can arrange a time to visit you at home, at work, or even at the hospital. All you have to do is give our NYC asbestos lawyers a call to learn more.
New York City Mesothelioma Attorneys Fighting For You
Have you or a loved one been diagnosed with mesothelioma or an asbestos-related disease? Do you believe that you have cancer because you were exposed to asbestos while working in New York City? If so, you may be entitled to a financial settlement or award. Mirman, Markovits & Landau, P.C. will work tirelessly to secure every dollar you need and deserve.
We’ve been navigating the complexities and challenges of asbestos litigation for more than 40 years. We’ve recovered more than $1 Billion for our clients. Let us put our experience to work for you. Give our NYC law office a call to schedule a time to discuss your case and legal options today. We proudly represent clients in and around New York City, including the Bronx, Brooklyn, Long Island, Manhattan, Queens, Staten Island, and Westchester County.
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Jaycee
Wednesday, November 11, 2020