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Benefits of Pursuing Your Claim for Mesothelioma Now

Under New York State law, a third party lawsuit for mesothelioma must be commenced within three years of the date that the plaintiff learns of his or her injury or should, with reasonable due diligence, learn of his injury.  Unfortunately, relatively few individuals suffering from mesothelioma live more than three years past the date of the onset of their symptoms or diagnosis. While it is important to act quickly in order to avoid having your claim barred by the statute of limitations, as a practical matter, it is even more important to act quickly so that you have a good chance of having your case heard and decided before you die. 

The courts in New York State are sympathetic to the need of a mesothelioma plaintiff to have his case heard as soon as possible. Therefore, a case begun by a living mesothelioma victim will be given a fixed trial date ahead of most other cases. The sooner your case is set for trial, the sooner the defendants will feel the pressure to make reasonable offers to settle it.  Another and even more compelling reason to begin pursuing your claim immediately is that the mesothelioma victim is in the best position to provide an accurate history of exposure to asbestos, including the identification of the particular products to which he or she was exposed and for which certain asbestos companies are legally responsible. 

The attorneys at Lipsitz & Ponterio will help you preserve this information while you are still relatively healthy and free from mental impairment or confusion. As soon as your lawsuit is filed, arrangements will be made for you to testify under oath for later use at trial. Contact us for more information.