​New York Mesothelioma Lawyer

February 21, 2023 | Attorney, Matthew Dolman

Mesothelioma results from only one thing: asbestos exposure.

Unfortunately, asbestos exposure can occur in many locations and for several reasons:

  • Working in construction.
  • Living or working in a building with unsecured asbestos that regularly makes it into the air.
  • Even second exposure via the clothing of someone who worked with asbestos regularly.

Worse, because it can take years for symptoms of asbestos exposure to show up, it may prove difficult to establish precisely when and where that exposure occurred.

If you face a mesothelioma diagnosis in New York, working with a New York Mesothelioma Lawyer can provide you with essential information about your right to compensation. Contact Dolman Law Group Accident Injury Attorneys, PA, today to learn more about your rights.

Dolman Law Group Accident Injury Lawyers, PA: Help for New York Mesothelioma Claims

A mesothelioma claim can prove very complicated. Many people, including construction workers, demolition workers, and miners, may have faced asbestos exposure in numerous locations. Furthermore, since mesothelioma generally takes many years to develop, many patients may need considerable help collecting evidence related to asbestos exposure.

At Dolman Law Group Accident Injury Lawyers, PA, we have the resources necessary to help our clients fight for the full compensation they deserve.

​New York Mesothelioma Lawyer

We start by carefully listening to your story.

Everyone has their own story related to asbestos exposure and mesothelioma. Perhaps you volunteered to help with cleanup at the Twin Towers after 9/11 or lived or worked in an area impacted by the dust cloud. Maybe you worked as a construction worker for decades, never realizing that you faced dangerous exposure to a potentially cancer-causing substance every day.

At Dolman Law Group Accident Injury Lawyers, PA, we start by giving you a chance to tell your story. Not only can that help us identify all parties that may share liability for the damages you sustained, but we also want to ensure that our clients feel fully supported as they move through the mesothelioma claim process.

We have the resources necessary to handle complicated mesothelioma claims.

Mesothelioma claims can quickly turn complicated. In many cases, you may need to present years-old evidence or dig through records about past buildings where you worked. Furthermore, you may need to locate companies that have changed hands or changed names over the years.

At Dolman Law Group Accident Injury Lawyers, PA, we have the resources necessary to take on even complicated mesothelioma claims. Our large-firm resources can help clients get the results they deserve when filing those complex claims.

We fight aggressively to help our clients get the support they deserve.

At Dolman Law Group Accident Injury Lawyers, PA, we do not settle for “good enough” in the mesothelioma claim process. Instead, we fight aggressively to help our clients get maximum results. If needed, we can take any case to the courtroom to help our clients get reasonable compensation for the considerable losses they may have sustained due to a mesothelioma diagnosis.

Dolman Law Group Accident Injury Lawyers, PA, makes it as easy as possible to get in touch with and connect with us. Call us to start moving forward with your claim today.

Compensation in New York Mesothelioma Claims: What to Expect

When you suffer a devastating mesothelioma diagnosis and all the losses that go along, you may wonder how much compensation you can reasonably expect for the losses that may go along with your diagnosis.

At Dolman Law Group Accident Injury Lawyers, PA, we cannot guarantee the compensation you can recover as part of a mesothelioma claim. We can, however, help our clients go over the losses they have sustained and how to put them together as part of a comprehensive injury claim.

Your Medical Costs

Mesothelioma, or asbestos-related cancer, can lead to considerable medical costs. Patients with mesothelioma cannot receive treatment that will eliminate symptoms since mesothelioma is a fatal cancer.

Symptom management, however, can help improve the quality of life and, in some cases, extend survival timelines for many patients. Patients may need several tests and scans, including MRIs, PET scans, and biopsies, to determine the type of mesothelioma and how far it has spread through the body.

Many patients undergo considerable treatment, including chemotherapy, radiation, or immunotherapy. Other patients may need surgery to help treat symptoms of mesothelioma. In extreme cases, surgeons may even recommend removing a lung and the surrounding tissue to help combat mesothelioma.

All those treatments can lead to substantial medical costs. Many patients with mesothelioma find that they can pursue compensation for their treatments through a mesothelioma claim. While this claim will generally not require past employers or other liable parties to pay for medical expenses directly, it can provide patients with the compensation they need.

Your Lost Income

Many people with mesothelioma find that their symptoms quickly prevent them from working. Symptoms can advance fast, taking patients with mesothelioma out of the workforce and making it very difficult for them to provide for their families. Talk to a lawyer about the earnings you have lost because of mesothelioma or treatments so that you can pursue compensation for those losses.

Your Pain and Suffering

Often, mesothelioma leads to substantial suffering. Not only do you have to deal with symptoms like chest pain, coughing, and shortness of breath, you may find it difficult to cope with the anxiety that goes along with a potentially fatal cancer diagnosis. Talk to a lawyer about your suffering because of your mesothelioma diagnosis and how you can include it in your claim.

New York Asbestos Sites

Asbestos can occur in many products and places. Most commonly, it appears in roofing shingles, floor and ceiling tiles, plaster and wallboard, and insulation.

Thanks to increased knowledge about the potential dangers of asbestos, New York has clear regulations regarding the use and disposal of asbestos. However, historic sites and buildings may still contain asbestos.

As long as asbestos sits undisturbed in tiles or behind the walls, it causes little harm. Disasters that destroy those buildings, renovation, and rehabilitation of those structures, or construction that disturbs that asbestos, however, can pose a substantial danger to many workers.

Common historical asbestos exposure sites for workers in New York may include:

  • Grand Central Station
  • Brooklyn Navy Yard
  • Todd Shipyards
  • Power plants across New York that used asbestos-containing insulation
  • General Motors plants in Buffalo
  • IBM in Endicott
  • Indian Point Energy Center in Buchanan
  • Alcoa Aluminum in Massena
  • Astoria Powerhouse in Buffalo
  • Bethlehem Shipbuilding Corporation
  • Caddell Dry Dock & Repair Company in Buffalo
  • Consolidated Edison Company in Buffalo
  • Xerox Corporation in Rochester
  • Bausch & Lomb, Inc., in Rochester
  • Plattsburgh Air Force Base
  • American Locomotive Company
  • Fort Drum Army Base
  • Schenectady Chemical

Many of these companies, and others throughout New York, have since taken considerable steps to eliminate asbestos in their buildings. Workers in those buildings today may have to have specialty training in handling asbestos to take on any construction projects.

However, construction or renovation in those buildings may have exposed workers to asbestos. In shipyards, many workers moved asbestos-containing materials regularly. With no way to remove asbestos fibers from the lungs, those workers may remain at a high risk of developing asbestos.

Filing a Mesothelioma Claim in New York: What You Need to Know

​New York Mesothelioma Lawyer

If you plan to file a mesothelioma claim in New York, you must file your claim before the statute of limitations runs out. In New York, you will have three years after your diagnosis to move forward with a claim. However, you should still allow the statute of limitations to run out before you move forward with your claim. Working with a lawyer from early after your diagnosis can help streamline the claim process and increase the odds that you will receive compensation for your losses promptly.

Evidence Needed to File a Mesothelioma Claim

To file a mesothelioma claim, you may need to work with your lawyer to put together several key pieces of evidence that will establish your right to file a claim. First, you will need to show evidence of a mesothelioma diagnosis. Because mesothelioma only occurs due to asbestos exposure, most patients will find it relatively easy to establish the cause of that diagnosis.

However, you may need to dig a little deeper to find evidence of where you worked that may have exposed you to asbestos. In addition, you may need to clearly show the losses you suffered and why you deserve the compensation you intend to ask for: specific financial records that show the bills you may have faced, for example. A lawyer can help you collect that information and ensure that you have a clear claim that lays out all the losses you have suffered.

What To Do If You Face a Mesothelioma Diagnosis in New York

In the immediate days after a mesothelioma diagnosis, you may spend considerable time with your doctor, working on your overall care plan. You may need to go through tests to determine the severity of your mesothelioma, then start treatment.

Once you have established a treatment plan, however, you may want to connect with an attorney to discuss your next steps. A lawyer can advise you about your mesothelioma claim and how to proceed.

You may also want to:

  • Keep track of all medical bills related to mesothelioma testing, diagnosis, and treatment. Your medical bills will often serve as the foundation for your mesothelioma claim, so you want to ensure a clear record of everything you have spent on medical treatment.
  • Document your struggles post-diagnosis. You may want to include information about any emotional challenges you may have faced while dealing with your diagnosis and any information about your physical condition.
  • Avoid posting on social media about any ongoing mesothelioma claim. You want to keep information to yourself until the conclusion of your claim.

By working with Dolman Law Group Accident Injury Lawyers, PA, you can get the assistance you need to move forward with your mesothelioma claim.

Fighting the Insurance Company After a Mesothelioma Claim in New York

Mesothelioma hits around 3,000 people across the United States each year. Those people may assume they have a relatively straightforward right to move forward with an injury claim, especially if they can clearly show that they faced asbestos exposure at a particular job or location. However, that does not necessarily mean that the insurance company will deal fairly with a mesothelioma patient.

In many cases, insurance companies, construction companies, and large companies where patients may have faced considerable asbestos exposure will fight aggressively to limit the compensation they have to pay after a patient’s diagnosis. You may have the extent of your medical losses ignored, or you may receive a low settlement offer that does not reflect the damages you sustained due to the incident.

By working with a lawyer, you may find it much easier to deal with the insurance company and all the challenges that the company may throw your way. At Dolman Law Group Accident Injury Lawyers, PA, we have the resources necessary to take on the big names in insurance or construction. We will fight to help you recover reasonable compensation for your losses.

New York Mesothelioma Claim FAQs

Do you have questions about your mesothelioma claim? If you have direct questions about your claim, a lawyer from Dolman Law Group Accident Injury Lawyers, PA can answer them.

I lost a loved one to mesothelioma in New York. Can I file a claim?

Losing a loved one because of mesothelioma can prove highly traumatic. Often, a patient’s overall health will decline very quickly, which means that your family member may not have had a chance to file a mesothelioma claim before death. In some cases, you may have the right to file a mesothelioma claim to help your family receive compensation for losing a loved one. You may have the right to pursue compensation as the closest family member to a loved one who lost his life to mesothelioma: generally, the spouse or adult children.

A wrongful death claim can help compensate for some of your family’s losses. You may have the right to pursue compensation in several key areas.

Final Expenses

Many families will include a loved one’s final expenses as part of a mesothelioma wrongful death claim in New York. That may include final medical costs and expenses like a funeral or burial, which can add substantially to the family.

Lost Income

Mesothelioma often strikes hard, and it may mean that your loved one can no longer work to provide an income for the family. Many wrongful death claims will include compensation for the income your loved one can no longer provide for the family.

Lost Services

Many family members perform considerable services for the family, including childcare, senior care, home care, and maintenance, or simply cooking for the family. Without that family member, you may need to pay someone else to perform some essential services. As part of a mesothelioma wrongful death claim in New York, you may claim compensation for those lost services.

Loss of Presence/Loss of Consortium

The funds from a wrongful death claim cannot bring your loved one back. They can, however, provide you with the compensation you need to help rebuild your life after losing a loved one to mesothelioma. Claiming compensation for the loss of your loved one’s presence or, in the case of a spouse, loss of consortium may make it easier to obtain the funds that can help you rebuild.

Do I need a lawyer to file a mesothelioma claim in New York?

Mesothelioma claims can prove highly complicated. Handling those claims alone may result in substantial complications, including difficulty getting the full compensation you deserve for your losses. Working with a mesothelioma lawyer may offer considerable advantages to your claim.

A lawyer can make sure you have all the needed evidence.

When putting together a mesothelioma claim, you may need considerable evidence to show where you worked, what projects you worked on, and how long you worked in a specific location. While even one exposure to asbestos can lead to later developing mesothelioma, the longer you face exposure, in some cases, the greater your risk of developing cancer and other asbestos-related disorders.

Next, you may need evidence related to your mesothelioma diagnosis and treatment, including a record of the various bills you may have faced due to your diagnosis.

Working with a lawyer may make it much easier to pull together that evidence.

A lawyer can ensure you know all the areas in which you deserve compensation.

When you file a mesothelioma claim, you should make sure that you lay out all the areas of compensation you deserve for those damages. Some patients, for example, may have much more considerable medical bills than others. Others may need a lawyer to walk them through the other losses that have gone along with a mesothelioma diagnosis. By working with an attorney, you can create a claim that includes all the financial and non-financial losses that may have gone along with your mesothelioma diagnosis.

An attorney can handle all the elements of your claim for you.

You have enough to deal with as you manage mesothelioma treatment. An attorney can help ensure you have all the details of your claim in place without you having to stress or worry over the details. An attorney’s involvement can decrease stress and allow you to focus on the important elements of your recovery.

How long does it take to file a mesothelioma claim in New York?

You may want to end your mesothelioma claim as soon as possible to have the funds you need in hand. Unfortunately, it may take several months to resolve your claim fully. Working with an attorney can streamline the claim process and get that compensation in your hands faster.

Can I file a mesothelioma claim on behalf of a sick loved one in New York?

Sometimes, patients with mesothelioma may need to focus more on the recovery process than dealing with a mesothelioma claim. While working with a lawyer can help streamline the process, some patients prefer to worry about their treatment. If you have a loved one with mesothelioma, you may have the right to file a claim on your loved one’s behalf if you have legal power of attorney. Otherwise, you may need to guide and support your loved one through the claim process rather than trying to handle it alone.

Are mesothelioma claims in New York class action lawsuits or individual lawsuits?

Class action lawsuits occur when a group with relatively similar losses or symptoms all file a claim against the same entity. In a class action lawsuit, one injured party represents all the injured individuals in the claim, and everyone who suffers the same general injuries or diagnoses will receive the same compensation. Mesothelioma claims generally get filed individually since every claim may look unique depending on the specific challenges faced by the patient.

Will workers’ compensation cover mesothelioma costs in New York?

Workers’ compensation claims work a little differently than traditional injury claims. In a workers’ comp claim, workers’ comp insurance will pay out compensation for a percentage of the employee’s income for the duration of the treatment for a work-related condition or illness. Furthermore, the patient will generally receive coverage for all medical bills associated with the condition.

Most mesothelioma claims relate to work-related exposure by construction workers, miners, or electricians. However, most people no longer work for the same employer they worked for during asbestos exposure. Furthermore, many companies have changed hands numerous times since that potential exposure.

If you believe that you may have grounds for a workers’ comp claim related to asbestos exposure, particularly if you have faced asbestos exposure in recent years while working for your current employer, talk to a lawyer about your rights and how you can protect them as you move forward with a claim.

Mesothelioma claims can prove very complex. Your lawyer may help you identify multiple parties that may share liability for a mesothelioma diagnosis. By working closely with your lawyer, you can determine the best way to approach the claim process and get the financial support you need.

Who has to pay compensation for mesothelioma claims?

In many cases, compensation for mesothelioma will come from the asbestos injury. However, you may also have the right to file a claim for compensation against an employer who did not provide adequate safety equipment for dealing with asbestos or an employer who unwittingly exposed you to asbestos due to disturbed construction in an older building.

I never worked in construction or a field that could have led to asbestos exposure, but my spouse did. I have mesothelioma. Can I file a claim in New York?

Some patients may face mesothelioma due to secondary asbestos exposure. Secondary asbestos exposure does not occur due to direct exposure on the job or at home. Rather, it may occur because someone in the home brought asbestos fibers home on his clothing, and someone else handled that clothing or breathed in asbestos fibers while working with it. Many spouses of people who worked in construction, demolition, or mining may find themselves dealing with devastating diagnoses because they dealt with those fibers on their loved ones’ clothing or inhaled them when they came home.

You might have the right to file a mesothelioma claim if you suffered from secondary exposure. Working with a lawyer to prove secondary exposure is critical to your claim.

How much compensation can I expect as part of a mesothelioma claim in New York?

The compensation you can recover as part of a mesothelioma claim in New York may depend on:

How much proof do you have of asbestos exposure, and where it occurred?

Because mesothelioma can only occur due to asbestos exposure, the presence of the disease indicates that you faced exposure to asbestos at some point. However, that does not necessarily indicate where that exposure occurred. You may struggle to prove exactly when you faced asbestos exposure or have only weak evidence linking you to that time or location. If you do not have that much-needed evidence, it can prove more difficult to establish your right to compensation, and your claim might not include as much.

What medical bills and other losses can you show due to your mesothelioma diagnosis?

To file a mesothelioma claim, you may need to show considerable documentation related to your medical bills and ongoing expenses. By showing your losses, you can make it much easier to establish the compensation you deserve clearly, and you may find that you can recover more.

Will I have to go to court to settle a mesothelioma claim in New York?

Most mesothelioma claims settle out of court. Most of the time, asbestos-producing companies and insurance companies want to settle out of court if they can. Going to court can significantly extend the time to reach a reasonable settlement and increase the legal expense of the claim for everyone involved. Furthermore, you likely have clear evidence of asbestos exposure and the losses you faced, which means that the insurance company may have little ground to fight the claim.

In some cases, however, you may find yourself fighting to get full recognition of your losses and compensation for those damages. If you receive low settlements or other challenges as you progress with your claim, it may prove highly beneficial to go to court to help you get the compensation you deserve. At Dolman Law Group Accident Injury Lawyers, PA, we fight to help our clients maximize the compensation they can recover for their injuries. If that means going to court over a mesothelioma claim, we will go to court on our client’s behalf to help them recover reasonable damages for their losses.

What happens if I wait until the statute of limitations expires to file a mesothelioma claim?

Immediately after a mesothelioma diagnosis, you may have a lot on your mind. You should focus on treatment, not on dealing with an injury claim. However, if you allow the statute of limitations to expire after your diagnosis, the court may refuse to hear your claim, and you may no longer have the right to compensation for your losses. Once you know you have mesothelioma and have established the diagnosis’s severity and likely prognosis, talk to a lawyer as soon as possible. A lawyer can give you more information about managing your claim and support you as you handle those critical details.

Contact a New York Mesothelioma Lawyer Today

If you find yourself dealing with the symptoms of mesothelioma, you may need to file a claim that will help you pursue compensation for your losses. Dolman Law Group Accident Injury Attorneys, PA, has the resources you need to learn more about your rights and file a claim. Call us at (833) 700-MESO [6376] or via our online contact form today.


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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