Every mesothelioma case that comes into our office is unique. The circumstances, such as asbestos exposure, work history, parties responsible and other factors vary in each case.
Initially, we will perform a case evaluation to determine if there are any non-bankrupt asbestos defendants that could potentially be liable for the victim’s injuries. If it is determined that there are viable defendants, immediate steps will be taken to initiate a lawsuit in order to secure a timely trial date. This trial date can take place within approximately one year from the date that the retainer is signed. Mesothelioma cases are given preferential treatment for trial.
Under New York State law, a third party lawsuit for mesothelioma must be commenced within three years of the date that the victim learns of his or her injury, or should, with reasonable due diligence, learn of his or her injury. If the victim has passed away, a third party lawsuit must be initiated within two years of the victim’s death. It is important to act promptly so that the case can be heard and decided before the victim is unable to participate. The mesothelioma victim is the best person to provide an accurate history of exposure to asbestos, including the identification of the products to which he or she was exposed.
Our attorneys will help preserve this information by scheduling a deposition regarding work history and exposure to asbestos products. Contact us for more information.