Are You Eligible to file an Asbestos Lawsuit? Get Information Here.
The following information can assist you in determining whether you or a loved one may be able to file a lawsuit for an asbestos-related disease. Our asbestos lawyers can help you through the process if you qualify.
The statutes of limitation (the time in which you have to file a claim) are set by the courts, and are strictly adhered to. In cases of wrongful death, there are sometimes exceptions.
- Individuals injured by asbestos exposure who have been diagnosed with an asbestos disease may be eligible to file an asbestos lawsuit. In New York State, a lawsuit must be filed within three years from the date of diagnosis (when the patient or family received the diagnosis from a physician) or should have known (by virtue of the symptoms the patient was experiencing). Statutes in other states vary. For example, New Jersey and Pennsylvania require lawsuits to be filed within two years.
- The executor of the estate of a person who has died from an asbestos-related disease may be eligible to file a claim. Generally, legal action must be taken (in New York State, for instance) within two years from the date of death.
- A family member exposed in a secondary manner (for example, through asbestos fibers brought home on clothes by a parent who worked in an asbestos environment) may also be eligible to file a claim.
- In order to file an asbestos lawsuit, it must be proven that you have been diagnosed with an asbestos-related disease such as mesothelioma, asbestos-related lung cancer or asbestosis. Simply being exposed to asbestos does not constitute a basis for filing a claim.
Since these rules vary by state, it is important to seek legal advice as soon as possible after receiving a diagnosis of asbestos illness.
To be entirely certain of your statute of limitations scenario, complete the form on this page for a free review of your possible case.
Because we do not file claims against your employer or landlord (but rather against asbestos manufacturers, distributors, contractors, etc.), it must be proven that you have been exposed to the asbestos product of a specific defendant at specific locations (place of employment or residence).
If you do not remember or know the name of the manufacturer of the particular asbestos product that was used on your jobsite (that caused your asbestos related disease), our extensive database may be able to supply this information. We can also help you identify your place of exposure.Weitz & Luxenberg is a leading plaintiffs' law firm that has represented people affected by mesothelioma for over 20 years. Men and women diagnosed with mesothelioma or lung cancer caused by asbestos exposure may be entitled to compensation from the companies responsible for their disease. If you would like a free consultation or more information about your legal options, please complete the form on this page, and a representative of our law firm will contact you as soon as possible.