Asbestos Exposure and Legal Claims in New York

All across the United States, the issue of asbestos risks has continued to be a major legal and public health issue. It is even more so in New York, considered to be one of the most affected states. After years of continued exposure to asbestos, which has been linked to a number of terminal diseases, victims in New York now have legal options that they can pursue to seek compensation for these illnesses.

In this article, we will look at why New York appears to have a lot of these cases, health risks associated with exposure to asbestos, laws and regulations governing asbestos in New York, who may be eligible, and more. At the end of this article, you will be better positioned to make informed decisions on matters regarding filing claims for asbestos exposure-related health issues.

The History of Asbestos in New York

As an industrial powerhouse in the United State, it was only natural that the use of asbestos was more common in the state of New York. This is because asbestos was a fundamental material heavily used in the construction industry, and since construction was going on massively in the state, asbestos was widely used.

As a result, areas like New York City, Albany, Buffalo, and Rochester, which saw the extensive use of asbestos, naturally had more cases of exposure. Even if a victim later moved out of the state, they can trace their exposure to the company in New York. You can get more information about this history here.

Health Risks Associated With Asbestos Exposure

The reason why asbestos exposure is a huge deal is the health issues that have been linked to it. These health conditions are so dangerous that they are often fatal. The microscopic fibers were inhaled or swallowed, and once in the body, the fibers stayed in the lungs and other tissues for decades without showing any immediate signs. However, serious health issues can begin to emerge after as much as 20 or more years.

Some examples of health conditions that have been linked to asbestos exposure include the following:

• Lung Cancer – This condition is most common among folks who were exposed to asbestos as part of their job or occupation.
• Mesothelioma – This is quite an aggressive type of cancer, but thankfully also rare, and it affects the lining of the abdomen, lungs, or heart.
• Asbestosis – This is a chronic lung disease that’s also progressive.
• Pleural Diseases – These include pleural thickening, pleural plaque and fluid buildup.

What makes this asbestos issue really serious is the fact that they can stay in the body for decades. This is described as a long latency period. Symptoms may not begin to manifest for up to 20, and even 50 years, making identifying the source or cause of these ailments quite difficult.

Asbestos Laws and Regulations in New York

Some of the strictest asbestos laws in the country can be found in New York. Well, considering how hard-hit by this asbestos issue New York has been, it’s not surprising that it will enact some of the strictest asbestos regulations. Agencies like the Department of Environmental Conservation and the New York State Department of Labor closely monitor and regulate how asbestos is handled, removed, and disposed of. You can read about these laws here: https://www.health.ny.gov/.

While these regulations are great, because they are meant to protect residents of the state, many had already been exposed long before the regulations were put in place. This is why there are thousands of cases in New York courts where victims are filing claims to seek compensation for their asbestos-related illnesses. Since it’s public knowledge that many companies and manufacturers were complicit and therefore liable in many of these cases, the courts are granting qualifying cases substantial compensation.

Eligibility to File Asbestos Claims in New York

There are specific conditions that qualify a person to file asbestos compensation claims in New York. Some of these include the following:

• Exposure to asbestos while on the job
• Exposure via secondhand contact as a family member of someone directly exposed to asbestos
• Residency in buildings where asbestos was used as part of the building materials
• Exposure through a contaminated environment
• Dependents or family members of individuals who died from asbestos-related sicknesses.

In New York, victims can file claims to be compensated for lost wages, medical bills and expenses, pain and suffering, and loss of future earnings. In cases of wrongful death claims, the victim’s family can claim for lost financial support and funeral costs.

How to Successfully File a Claim

Successfully filing a claim is largely a function of who files the claim for you. There is a lot involved in this process, much of which will be confusing to many people. Therefore, to increase your chances of having your claims approved, you need the help of an attorney experienced in these types of cases.

Filing a claim involves looking at exposure history, identifying the companies or organizations that should be held liable, and knowing how and where to go for the best compensation. Without sufficient experience, you won’t even know where to begin.

One of the most difficult aspects of filing is determining the liable parties. In one example, Sealtest Ice Cream was a liable party. Who would have thought that a company in the food and dairy production industry could be linked to asbestos exposure? Only a thorough investigation could have provided this link.

It is therefore in your best interest to look for, and work with a firm that has a full grasp of what is required to win a case like this. This is the first step you should take so that they can properly guide you the rest of the way.

Conclusion

Being diagnosed with an asbestos related illness shouldn’t have to be the end of the world. With the right guidance, you can reduce the load on you or your family by taking proper steps to get compensation. This is not a burden you want to carry all by yourself. Get the right attorney today and start the process of filing your claim.