Frequently Asked Questions about Asbestos

The law firm of Rudolph F. X. Migliore, P.C. serves as co-counsel to large, New York City-based law firms and is your local and convenient go-to law firm for asbestos, asbestosis, mesothelioma or lung cancer related matters. Below you will find answers to questions our clients frequently ask about asbestos and the diseases that may be caused by working with the fire and chemical retardant material.

What are the sources of asbestos exposure?

Workers may have been exposed to asbestos in a variety of trades including, but not limited to:

Asbestos was also found as late as 1980 in common household appliances such as hairdryers, toasters and other items. It was also utilized in many homes, in the form of duct tape, heating ducts, stove top pads, fireproof gloves and textured paints.

How can asbestos harm you?

Asbestos is extremely dangerous when the fibers are inhaled. The fibers get caught in the lining of the lungs where they cause irreparable scarring. In many instances, the scarring can be fatal by itself, but can also cause several types of lung cancer, such as mesothelioma. The number of deaths from asbestos related diseases has skyrocketed since the beginning of the 21st century. While it is very important to take care of yourself and see your medical doctor for checkups, regular medical attention is critical if you fall into one of the career categories known for asbestos exposure.

How long does it take for asbestos-related lung cancer to develop in workers who handled the product on a daily basis?

Decades of statistics show that it can take 15-30 years after exposure for asbestos-related cancer to develop.

What is the difference between asbestos-related lung cancer, asbestosis and mesothelioma?

The diseases are all forms of lung cancer that develop from breathing asbestos fibers. Doctors categorize the diseases by levels of severity.

How long do I have to file a claim?

New York sets time limits — statutes of limitations — for filing an asbestos claim, and the deadline that applies depends on the specific facts: the disease, when it was diagnosed, and whether the claim is brought by a living person or on behalf of someone who has died. New York’s discovery rule, tolling provisions, and other case-specific circumstances can all affect the timeline. Do not assume your claim is time-barred — or that you have plenty of time — without speaking to an attorney who can evaluate the specifics.

Who is liable for the harm asbestos has caused and where does the money come from to pay for settlements?

Compensation for damages comes from one of several places:

What are asbestos trust funds?

Asbestos victims’ trust funds refer to asbestos bankruptcy trusts and compensation funds. Because of an avalanche of asbestos-related personal injury claims, many manufacturers of asbestos or of products that contained asbestos filed for bankruptcy, sold their businesses or simply closed their doors. One condition the courts set for granting corporate bankruptcy was for companies to set up trust funds for payment of valid claims.

How much money is available in the asbestos victims’ trust funds?

Billions of dollars have been set aside in asbestos bankruptcy trust funds to compensate people diagnosed with mesothelioma, asbestosis, and asbestos-related lung cancer, and the families of those who died from these diseases. The money paid from these trust funds provides important financial support for patients and their families. Many people who were exposed to asbestos in their jobs have never filed a claim for the compensation that may be available to them.

What does legal compensation cover?

Recoverable damages generally cover:

What are my chances of obtaining a settlement or verdict?

Every case is different, and outcomes depend on the specific facts, including the nature of the diagnosis, the history of exposure, and the available sources of compensation. An attorney experienced in asbestos litigation can evaluate your circumstances and explain what may be realistically achievable in your situation.

How can our firm help you recover legal compensation?

To receive maximum compensation from an asbestos trust fund settlement or through litigation, you will need an attorney who has experience with mass torts such as asbestos-related personal injury. The Law Offices of Rudolph F.X. Migliore, P.C. has extensive experience in asbestos litigation, having been involved in more than 1,000 asbestos cases. We work collaboratively with co-counsel firms, both nationally and locally, to pursue the best possible result for clients and their families.

For more information, see our main asbestos and lung cancer page and our Long Island asbestos lawyer page.

Call our Commack, NY law firm today at (631) 543-3663 to arrange a no cost, no obligation consultation to find out if you have grounds to file an asbestos related claim.