Reviewed by Laurence P. Banville, Esq.Frequently asked questions
How long do I have to file a mesothelioma lawsuit in New York?
In New York, the statute of limitations for a mesothelioma lawsuit is 3 years from the date of diagnosis under CPLR §214-c, not from the date of asbestos exposure. Because mesothelioma can take decades to develop, this discovery rule is critical. Missing this deadline almost always bars your right to sue, so consulting an attorney immediately after diagnosis is essential.
Who can be sued in a New York mesothelioma lawsuit?
Defendants in a NY mesothelioma case can include asbestos product manufacturers, building owners, employers, contractors, and distributors who exposed victims to asbestos. New York courts have extensive asbestos litigation experience, and many cases are consolidated in the NYC Asbestos Litigation (NYCAL) docket in Manhattan Supreme Court. An attorney will investigate your work and exposure history to identify all liable parties.
What compensation can I recover in a mesothelioma lawsuit in NY?
Victims who file a mesothelioma lawsuit in New York may be able to recover damages for past and future medical expenses, lost income and earning capacity, and pain and suffering. Surviving family members may also pursue a wrongful death claim if the victim passes away. Compensation amounts vary significantly based on exposure history, diagnosis severity, and the number of defendants.
Can family members file a mesothelioma lawsuit in New York?
Yes. If a mesothelioma victim dies before or after filing suit, family members may file a wrongful death claim under NY EPTL §5-4.1 within 2 years of the date of death. The estate may also pursue a survival action for damages the victim experienced before death. An experienced NY asbestos attorney can determine which claims apply and ensure all deadlines are met.