Our Asbestos Lawyers In NYC Can Fight For Compensation For You
Every year, thousands of people are diagnosed with mesothelioma, a rare cancer caused by exposure to asbestos. Many workers toiled for decades in close proximity to the deadly mineral. Employers knew about the risks, but didn’t care.
- Decades of proven legal experience
- Millions recovered in compensation
- Free lawsuit consultations
Today, these cancer patients and their families are fighting to secure compensation. Our experienced asbestos attorneys can help. Call now to learn more about your options.
Get YOUR Justice Now(917) 551-6690
"Because we are your path to justice" - Laurence Banville
Did you notice a television commercial alertingmesothelioma patientsthat financial compensation may be available? Did you or someone you know develop cancer after being exposed to asbestos?
Every day, law firms advertise their services on local stations across the country, offeringfree meso books to people who may have been exposed to the mineral asbestos at work or home. These commercials often say that cancer patients, along with their families, may be eligible to secure significant financial compensation by filing a mesothelioma lawsuit.
Workers, Families Can SecureCompensation
It’s true. Workers who were exposed to asbestos and developed a range of medical conditions may be entitled to receive compensation, money that can go towards cancer treatments, make up for lost wages and reimburse patients for the pain and suffering they have experienced.
Hundreds of employers consciously exposed their employees toasbestos, a deadly substance known to cause severe forms of cancer. Now, these companies are paying the price, establishing asbestos trust funds to compensate the victims of wrongdoing and harmful corporate practices. Thousands of current mesothelioma patients are entitled to secure valuable settlements from these trust funds or by filing an asbestos injury lawsuit.
Employees who were exposed to asbestos fibers in the workplace may be eligible for cash payments, along with family members who lived with exposed workers. Likewise, families who have lost loved ones are also eligible to receive reimbursement for their financial losses.
Get The Resources Your Family Needs
You’ll find all of this information – and more – in one of the many meso books advertised on TV, but the truth is, you don’t need to wait for an asbestos information packet to arrive in your mailbox to get the information your family needs. Just contact the mesothelioma attorneys at Banville Law now to secure a free legal consultation. Our experienced asbestos lawyers don’t produce meso book commercials, but we are committed to providing mesothelioma patients and their loved ones with the latest information on their legal rights and options.
Call today and our experienced New York asbestos lawyers will walk you through the ins and outs of asbestos litigation, without any legalese. There’s no charge and no obligation – just the answers you and your family need.
Our Mesothelioma Lawsuit Attorneys Serve:
- NYC mesothelioma lawsuit attorneys
- Woodbury, Long Island NY mesothelioma lawsuit attorneys
- Mount Vernon mesothelioma lawsuit attorneys
- White Plains mesothelioma lawsuit attorneys
Our Experienced Lawyers Want To Help
How Mesothelioma Works
Mesothelioma is an aggressive type of cancer that starts growing in the layers of tissue that surround vital organs and body cavities – layers technically known as “mesothelium.” Almost every case of mesothelioma is caused directly by long-term exposure to asbestos, a fibrous mineral that was used for centuries in thousands of industrial applications.
Most mesothelioma patients will be diagnosed withpleuralmesothelioma, which begins in the tissues lining our lungs. Somewhere between 20% and 30% of patients are told they haveperitonealmesothelioma, a form of the cancer that starts in the layer of tissue that lines the abdominal cavity.A smaller subset of patients, less than 1%, are diagnosed with a form of the disease that starts in the lining of the heart, known aspericardialmesothelioma. Even less common istesticularmesothelioma, which begins in the lining of the testicles. Only around 100 cases of testicular mesothelioma have ever been documented in the medical literature.
The disease is about four times as common in men than women, although some studies suggest that the rate of mesothelioma diagnosis among women has risen in recent years. In contrast to this development, mesothelioma cases are likely declining in male patients. Even so, mesothelioma has always been a rare cancer. Today, about 3,000 American patients are diagnosed with the disease every year, according to theAmerican Cancer Society. The average (or median) age at diagnosis for cases of mesothelioma that begin in the lungs is 69 years old.
The Challenge Of Diagnosis
Mesothelioma can be extremely difficult to diagnose, because the cancer is characterized by a long latency period. Many patients won’t begin to experience symptoms until decades after their exposure to asbestos has ended. Some patients won’t even learn they have mesothelioma until between 20 and 50 years after asbestos exposure.
The length of the cancer’s latency period also complicates treatment, because so many patients are diagnosed at advanced stages of the disease. The condition’s symptoms are often “non-specific,” overlapping with numerous other conditions, scores of which are benign but far more common than mesothelioma:
Symptoms OfAsbestos-Related Cancer
Here’s a rundown of the most common symptoms caused by each form of mesothelioma. Experience more than one of these symptoms at the same time? Speak to a trusted medical professional as soon as possible, especially if you or someone you love was exposed to asbestos fibers.
- Chest pain
- Pleural effusion– a build-up of fluid around the lungs
- Shortness of breath and wheezing
- Difficulty breathing
- Dry cough
- Abdominal bloating
- Excessive gas
- Abdominal pain
- Ascites– fluid buildup in the abdomen
- Loss of appetite
- Unexplained weight loss
- Seizures (uncommon)
- Arrhythmia– irregular heartbeat
- Heart palpitation
- Heart murmur – abnormal sound between heartbeats
- Chest pain
- Difficulty breathing and cough
- Shortness of breath
- Hydrocele– fluid buildup in the scrotum
- Pain and / or swelling in the testicles
- Irregular growth or lump in the scrotum
Again, these symptoms, though characteristic of mesothelioma, are more likely to be caused by benign conditions. All this makes catching the disease at an early stage very hard and explains why mesothelioma patients live at a high risk of being misdiagnosed.
Like all forms of cancer, mesothelioma cells can spread from their site of origin to colonize other organs and body tissues. This process is known as “metastasis.”
In most cases, mesothelioma is only identified after the cancer has already become aggressive and metastasized to secondary regions of the body. Few patients are diagnosed early, when the disease can be handled with relative ease. As a result, most patients will receive a “multimodal” form of treatment, which incorporates two or more of the traditional cancer therapies used to destroy mesothelioma cells: surgery, chemotherapy and radiation therapy.
These therapies can be painful, even traumatic, as well as costly. Some patients find themselves saddled with hundreds of thousands of dollars in medical bills, all while attempting to recover from strenuous treatments.
Finding Compensation After Diagnosis
However, many mesothelioma patients aren’t forced to bear these burdens alone.
We believe that companies who allowed their employees to be exposed to asbestos – one of the only known causes of mesothelioma – should be held responsible for their actions.
Employers Knew About The Risks Of Asbestos
Throughout the 19th and 20th centuries, employers and manufacturers valued asbestos for its unique physical properties – heat-resistance and high tensile strength. Eventually, the mineral had made its way into heavy machinery, automobiles, textiles and construction projects. Tobacco producerKent even made a cigarette filter out of asbestos.
The mineral’s use was highest, however, in military applications, lining hundreds of ships built in the United States during World War II. The Navy used so much asbestos, even after the substance’s dangers were conclusively proven, that nearly 30% of all victims who succumb to mesothelioma are veterans, despite comprising only 8% of the US population.
Thankfully, thousands of mesothelioma patients have already sued their employers for financial compensation, filingthousands of asbestos lawsuits against more than 10,000 manufacturers. The path to compensation after a mesothelioma diagnosis is clear, having been blazed by over 700,000 patients and families over the last four decades.
Asbestos Trust Funds & Settlements
The asbestos litigation is truly unprecedented in its scope. Billions of dollars have been paid out to mesothelioma patients, both workers exposed to asbestos and loved ones who spent time living with asbestos workers. Filing wrongful death lawsuits, thousands of families whose loved ones were tragically killed by mesothelioma have also secured valuable compensation.
From its beginning in the late-1970s, the filing of asbestos lawsuits has now forced around 100 companies into bankruptcy. Their work in compensating victims, though, isn’t over. Most of these now-defunct businesses have set upmesothelioma trust funds, piping billions of dollars into third-party accounts designed exclusively to pay claims to patients and families. Government statistics suggest that these trust funds still hold about$37 billionin outstanding assets. Many patients will be able to secure the necessary compensation solely by making a claim against one of these funds. Filing a civil lawsuit may not even be required.
Find More Information
If you saw a mesothelioma TV ad and want to learn more, contact the experienced lawyers at Banville Law today. We provide case evaluations and informational consultations for free, so you can find more information on pursuing compensation without any risk to you. Call now to speak with a compassionate legal representative.
Visit our next article on victims of drunk drivers: https://banvillelaw.com/personal-injury/negligent-alcohol/car-accident-dui-drunk-driver/
No Win. No Fee
Level 4 – for Severe Asbestosis - $42,000. Level 3 – for Asbestosis/Pleural Disease with significantly restricted function - $19,000. Level 2 – for Asbestosis/Pleural Disease without significantly restricted function - $8,000.
Most lawsuits are resolved with a mesothelioma settlement since they are less time-consuming and risky than a trial. If the court finds the defendant not guilty, you will not win any compensation at all. Your asbestos attorney will try to negotiate settlements with each manufacturer named in the lawsuit.
Financial Assistance for Mesothelioma Patients
The average mesothelioma settlement is between $1 million and $1.4 million. The average mesothelioma trial verdict is $2.4 million. An asbestos settlement provides guaranteed compensation and is usually not taxable under federal law.
A compensation claim for an asbestos related disease can take on average up to 18 months to complete, but more complex claims that need more evidence could take as long as 3 years. Some cases involving terminal illnesses, like Mesothelioma, where someone has limited time left can be settled in only a few months.
Breathing in asbestos fibres over many years eventually causes scarring of the lungs. Symptoms include: shortness of breath. persistent cough.
“If a buyer discovers asbestos during their due diligence period, they may try to negotiate removal costs. However, there is no guarantee that the seller will agree to any negotiations,” says Winslow. The cost of asbestos removal depends on how much asbestos is present, but it's not cheap.
Mesothelioma Survival Rate – The mesothelioma survival rates is typically 4–18 months after diagnosis, but there have been patients diagnosed with mesothelioma who have lived longer than 10 years. The current five-year survival rate for the disease is just 10 percent.
Technically, the case against big tobacco was the biggest personal injury settlement in U.S. history although it wasn't a single person or family suing the companies. Forty-six states worked together to sue tobacco manufacturers, and they came away with a $246 billion settlement.
Mesothelioma Pain and Symptoms
Often, they experience pain when coughing, and have an ache around their rib cage or lower back. Individuals may also have pain in other areas of the chest, since tumor growth may press against different organs. Some may have problems swallowing, or sound hoarse when talking.
Survival by location, stage and cell subtype of mesothelioma.
|1||21 to 51 months|
|2||19 to 26 months|
|3||15 to 16 months|
|4||8 to 12 months|
Prognosis and life expectancy also differ between asbestosis and mesothelioma. Mesothelioma cancer treatment is challenging, and only 23% of patients survive for three or more years. Asbestosis is a chronic respiratory condition and, although also incurable, treatment can prolong survival for several decades.
To prove asbestos exposure for a mesothelioma legal claim, an attorney will need evidence of your exposure to asbestos products. Mesothelioma attorneys will also need medical documentation, such as test results and pathology reports, to build your case.
The average settlement ranges from $1 million to $1.4 million. If a mesothelioma claim goes to trial, a settlement could be reached or a jury could determine the amount of compensation, if the defendant is found guilty of the asbestos exposure. Most cases settle before trial.
Life expectancy by cell type.
|Cell Type||Life Expectancy|
In some cases, asbestosis can lead to life-threatening complications, including lung cancer and heart failure. In severe cases, asbestosis can be fatal.
The possibility of other asbestos-induced health effects does exist. These include brain-related tumors, blood disorders due to the mutagenic and hemolytic properties of asbestos, and peritoneal fibrosis. It is clear from the literature that the adverse properties of asbestos are not confined to the pulmonary system.
The answer is yes and no. A new blood test has the potential to detect mesothelioma a decade before patients exhibit any symptoms. However, it cannot detect mere asbestos exposure. In fact, some individuals who have been exposed to asbestos never develop the malignant cancer, while others do.
According to IARC, there is sufficient evidence that asbestos causes mesothelioma (a relatively rare cancer of the thin membranes that line the chest and abdomen), and cancers of the lung, larynx, and ovary (8). In fact, it is thought that most mesotheliomas are due to asbestos exposure (9).
Asbestos is a product that was used heavily between the 1880s and 1980s and should be assumed to be contained in all properties built pre-2000. The financial effect asbestos can have on the value of a building is potentially catastrophic.
There is no legal requirements to have an asbestos survey of your property done before you go to market. As mentioned above, the owner could be completely unaware of asbestos in the property & sell it like that.
Asbestos can diminish a property's value by as much as 50 percent; therefore, proper financial analyses are essential.
Three different blood tests for mesothelioma can detect biomarkers: MESOMARK assay, N-ERC/Mesothelin, and Fibulin-3. Each blood test for mesothelioma shows if the substances produced by cancer cells are present. Depending on the results, doctors may order additional tests before making a diagnosis.
In rare cases, mesothelioma cancer may metastasize (spread) to the patient's brain. Mesothelioma often begins in the lungs, abdomen or heart after exposure to asbestos. Mesothelioma is a rare disease, accounting for only 0.19% of new cancer diagnoses from 2013 to 2017. Mesothelioma metastasis to the brain is unlikely.
Surgeons work to remove mesothelioma when it's diagnosed at an early stage. In some cases this may cure the cancer. Most of the time, it isn't possible to remove all of the cancer. In this situation, surgery may help to reduce the signs and symptoms caused by mesothelioma spreading in your body.
- Don't Litigate for Spite or Revenge. Definitely don't make your litigation decisions for vindictive reasons. ...
- Seek Mediation Instead of Litigation. ...
- Be the Master of Your Case. ...
- Listen to Your Advisers. ...
- Be Flexible.
A good settlement offer should not only be able to cover your hospital bills and legal fees, but it should also be equivalent to close to a years' worth of your current wages, especially in cases where your injuries may be permanent or cause some kind of disability.
Number 1: The 1998 Tobacco Master Settlement Agreement
There is no doubt about the biggest-ever class action settlement. The 1998 Tobacco Master Settlement Agreement is also the biggest civil litigation settlement in US history. At USD246 billion, it is unlikely to be beaten any time soon.
Palliative Care and Mesothelioma
Palliative treatment can alleviate pain, reduce symptoms and, if started early enough, extend a patient's life expectancy. Mesothelioma patients often suffer from significant pain, muscle weakness and difficulty breathing in the end stages of the disease.
Mesothelioma mainly affects the lining of the lungs (pleural mesothelioma), although it can also affect the lining of the tummy (peritoneal mesothelioma), heart or testicles.
Chest X Ray is the initial screening test for the mesothelioma like all other the chest diseases. But computed tomography (CT) is the imaging technique of choice for charactering pleural masses.
You may find that your loved one is less alert, confused, or restless. They may pull at bed covers or have visions of people and places that are not present. As death nears they may be more withdrawn and want to spend time alone. Allow them to do so as they may be mentally preparing for the end of their life.
Asbestosis can get worse over time and severe cases can place a significant strain on a person's health and shorten their life expectancy, but in many cases the condition progresses very slowly or not at all.
In the case of lung cancer or pleural mesothelioma, it is hoped that performing a pneumonectomy will prevent the spread of malignant cells to other sites in the body and hopefully cure or, at least locally, control the disease. Watch: Karen Selby, RN describes the extrapleural pneumonectomy (EPP) procedure.
Some sufferers of mesothelioma report having impaired cognitive functioning, described as similar to “dementia.” This cognitive impairment manifests itself in symptoms like brain fog, short-term memory loss, sudden fatigue, an inability to concentrate, difficulty multitasking, and other, similar experiences.
Dose-related means the more asbestos you breathe, the more likely you are to get sick. The one asbestos disease that is different is mesothelioma. Very small amounts of asbestos can give you mesothelioma. Asbestos workers' families have gotten mesothelioma from the dust the workers brought home on their clothes.
Although asbestos is the major risk factor for developing mesothelioma, asbestos exposure alone does not account for every affected individual. Causes of non-asbestos related mesothelioma have been suggested. A volcanic mineral, known as erionite, can also cause mesothelioma.
Pleural mesothelioma is often misdiagnosed as other, more common illnesses that develop in the chest, such as lung cancer or pneumonia. Peritoneal mesothelioma may be misdiagnosed for other abdominal-related conditions like irritable bowel syndrome (IBS) or ovarian cancer.
Mesothelioma can be hard to diagnose. If the results of your history and physical exam suggest you might have mesothelioma, more tests will be needed. These could include imaging tests, blood tests, and/or biopsies.
- Pain in the side of the chest or lower back.
- Shortness of breath.
- Trouble swallowing (feeling like food gets stuck)
- Swelling of the face and arms.
How much compensation can you get for asbestosis? In our experience, asbestos trust funds pay out for asbestosis an average of 7K, but this depends on many factors. The range of the sum which we were able to observe during our work is 1K-15K.
Mesothelioma is a fatal disease. Even if caught early, mesothelioma is currently not curable. In very rare cases, mesothelioma can go into remission partially, meaning the cancer is still present but not active. Treatment options are available to extend a patient's life and make side effects more manageable.
Can Mesothelioma Go Into Remission? Yes. Although it is rare, many malignant mesothelioma patients have achieved long-term remission despite being given a poor health outlook (prognosis) at first. Remission is a term doctors use to describe how much a patient's cancer symptoms have decreased or disappeared.
- Shortness of breath.
- Persistent dry cough.
- Chest tightness or chest pain.
- Weight loss from loss of appetite.
- A dry, crackling sound in the lungs while breathing in.
- Wider and rounder than normal fingertips and toes (clubbing)
Common asbestosis symptoms affect a person's ability to breathe, including chest pain, shortness of breath and a crackling sound in the lungs when breathing.
A persistent, dry cough. Chest tightness or pain. Dry and crackling sounds in your lungs when you inhale. Fingertips and toes that appear wider and rounder than usual (clubbing)
Can asbestos be removed from the lungs? No known method exists to remove asbestos fibers from the lungs once they are inhaled. Some types of asbestos are cleared naturally by the lungs or break down in the lungs.
- Lung cancer.
- Asbestosis, which causes permanent lung damage.
- Mesothelioma, a rare cancer of the chest and stomach lining.
- Cancer of the gastrointestinal tract, kidney and throat (larynx or oropharynx).
- Scarring of the lung lining.
Who can claim compensation after exposure to asbestos? Compensation for a personal injury following exposure to asbestos is available to individuals who have gone on to develop and be diagnosed with an asbestos-related disease that is causing a disability.
Severe – in more severe asbestosis cases, the compensation awarded for General Damages could be between £30,630 and £84,380. Mild – in cases of mild Asbestosis symptoms, the compensation payout could be between £12,020 and £30,630.
Short-term asbestos exposure involves incidents that last less than a few days. Certain extreme events, such as the toxic exposure caused by the 9/11 attacks, can lead to a high risk of illness later in life. But in general, the health risk from short-term asbestos exposure is low.
The average compensation for asbestos claims is difficult to quantify as each case will be decided on its facts. But typically, a guide can be set out below: A young claimant with serious pain and impairment - £120,000. Lung cancer diagnosis with severe impairment for an older claimant - £90,000.
Your GP may be able to hear a crackling sound in your lungs and may recommend a chest X-ray which, in some cases, can show the scarring of asbestosis. If it's likely you have asbestosis, your GP will refer you to a hospital specialist for further tests such as a lung function test and a CT scan of your chest.
These tests show images of your lungs: Chest X-ray. Advanced asbestosis appears as excessive whiteness in your lung tissue. If the asbestosis is severe, the tissue in both lungs might be affected, giving them a honeycomb appearance.
You may be able to make a claim if you are the dependant of someone who suffered from a dust-related disease (e.g. mesothelioma, asbestos-related lung cancer, asbestosis and pleural thickening) but who has died. A dependant's claim must be made within 12 months of the death of the sufferer.
If there is a suggestion that the death has been caused by an industrial disease, (such as the asbestos-related disease) the death must be reported to the coroner. The corner will open an investigation and list an inquest into the cause of death.
The risk for asbestos-related illnesses is highest for people who worked with the raw mineral or with asbestos-containing products daily. Workers who manufactured or used asbestos products were exposed to asbestos on the job. Research shows approximately 8% to 13% of asbestos workers eventually develop mesothelioma.
According to IARC, there is sufficient evidence that asbestos causes mesothelioma (a relatively rare cancer of the thin membranes that line the chest and abdomen), and cancers of the lung, larynx, and ovary (8).
The most common signs of asbestos exposure include shortness of breath, cough and chest pain. Pleural plaques are a sign that a person had enough exposure to be at risk of other diseases. They may develop prior to mesothelioma or lung cancer.
Structured settlements are commonly used in personal injury lawsuits as a form of compensation. A structured settlement can be paid out as a single lump sum or through a series of payments. Structured settlement contracts specify start and end dates, payment frequency, distribution amounts and death benefits.
Are Mesothelioma Settlements Taxable? In general, compensation received through a mesothelioma settlement is not taxable. According to section 104 of the IRS tax code, compensation awarded in direct connection to personal injuries or sickness is not taxed.