Who is eligible to file an asbestos lawsuit?
Information and update . . .

The following information on filing an asbestos-related lawsuit comes from the legal team at Weitz & Luxenberg:

• Individuals injured by asbestos exposure who have been diagnosed with an asbestos disease may be eligible to file an asbestos lawsuit with an asbestos lawyer. Legal action must be taken in New York State within three years of when you knew (by virtue of a medical diagnosis) or should have known (due to symptoms) of your asbestos disease. Statutes in other states do vary, with New Jersey and Pennsylvania requiring legal action within two years, for example.
• 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.

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.

To be entirely certain of your statute of limitations scenario, you must always
consult with our specialists, as the laws vary in different states.

In order for us to win your case, it must be proven that you suffer from an asbestos-related disease. Simply being exposed to asbestos does not constitute a basis for filing a claim.

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 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.