Filing a Mesothelioma Claim in New York
If you or a loved one has been diagnosed with mesothelioma, the first step toward justice is filing a claim with the help of a New York mesothelioma lawyer.
The only known cause of mesothelioma is exposure to asbestos. Asbestos is a mineral fiber used in a variety of materials for insulation and fire resistance. When asbestos fibers are breathed in or swallowed, victims can develop deadly illnesses like mesothelioma and asbestosis.
From factory workers in upstate New York to Metro-North Railroad employees in downtown Manhattan, the deadly legacy of asbestos is woven into the state’s history.
2,830 New Yorkers died from mesothelioma between 1999 and 2017.
It can take 10-50 years for symptoms of mesothelioma to appear after someone is exposed to asbestos. For many patients, the disease has already spread to other parts of the body by the time the symptoms appear.
Top mesothelioma lawyers in New York have decades of experience and understand the strain that families are under. By working with an experienced New York mesothelioma lawyer, victims of asbestos-related diseases gain their best chance at securing much-needed compensation to help combat the disease.
Asbestos claims have been filed by mesothelioma victims who lived or worked in these New York locations:
- Long Island
- New York City
- Oyster Bay
- Staten Island
- The Bronx
- And more
When researching New York mesothelioma lawyers, it’s important to select a firm with the experience, reputation, and resources to advocate for you. Thankfully, Mesothelioma Hope has partnered with an experienced law firm that can help mesothelioma patients like you: Simmons Hanly Conroy.
New York Mesothelioma Law Firm
As one of the nation’s largest mass tort law firms, Simmons Hanly Conroy is dedicated to helping victims of mesothelioma and other personal injuries find justice and hope.
The attorneys at Simmons Hanly Conroy have centuries of combined experience, and they aim to provide their clients with first-class legal services.
Our sponsor firm has recovered over $215 million on behalf of those with mesothelioma and other asbestos-related diseases in New York alone. A few of the firm’s mesothelioma settlement amounts are highlighted below.
New York Mesothelioma Settlements Recovered by Simmons Hanly Conroy
- $5.4 million Pipefitter and mechanic
- $4.7 million Laborer
- $4.6 million Welder
- $3.5 millionJanitor
All Simmons Hanly Conroy settlement amounts have been fact-checked and verified by our editorial team.
New York Asbestos Exposure Sites
Asbestos-containing products were widely used at construction, manufacturing, and mining work sites in New York up through the 1980s. Anyone who worked in these industries could have been exposed to asbestos on the job.
New York mesothelioma lawyers can help victims determine where they were exposed to asbestos and how this caused their illness.
Asbestos Superfund Sites in New York
The U.S. Environmental Protection Agency (EPA) Superfund program was established in 1980 to clean up hazardous waste sites that pose significant dangers to public health. Superfund sites are so polluted or contaminated with dangerous materials like asbestos that they often require a long-term effort to clean up.
There are several asbestos Superfund sites in the United States, including New York.
Once a location is designated as a Superfund site, the EPA begins to clean it up and forces the parties responsible for the contamination to participate in the cleanup or reimburse the government.
Examples of New York asbestos Superfund sites include:
- Claremont Polychemical: This 9.5-acre site is the former location of a pigments manufacturer for plastics and inks. The facility operated from 1966-1980 in an industrial area of Nassau County. The EPA removed 2,600 linear feet of asbestos materials and 86 tons of asbestos tank coatings from the site in 1997.
- Former IBM Campus (aka TechCity): This site was once home to an IBM computer manufacturing facility that operated for more than 30 years until it was sold in 1998 and rebranded TechCity industrial park. Between 2015 and 2016, improper asbestos demolition and removal occurred at the site. Under a June 2022 settlement with the EPA, the site’s developer has agreed to remove asbestos from one building along with three large outdoor piles of asbestos-contaminated debris.
- Sinclair Refinery: The Sinclair Refining Company purchased this Allegany County refinery in 1919 and operated it through 1958. An asbestos-containing powerhouse building associated with former refinery operations was demolished and removed under EPA oversight between 1991-1995.
Other Asbestos Exposure Sites in New York
Superfund sites are far from the only places where New Yorkers could have been exposed to asbestos.
Examples of other high-risk asbestos sites in New York include:
- Albany Felt Company
- American Locomotive Plant, Schenectady
- Bendix Corporation (Honeywell), Troy
- Bethlehem Steel Shipyard, Staten Island
- Brooklyn Naval Shipyard
- Brooklyn Union Gas Company
- Chicago Pneumatic Tool Co., Utica
- Dunlop Tire & Rubber, Buffalo
- General Motors, Buffalo
- General Electric, Schenectady
- Garlock Sealing Technologies, Olea
- Long Island Railroad/Penn Station, New York City
- Star Textile, Albany
- Torrington Industries, Massena
- Union Carbide Company, Niagara Falls
- Western Electric, New York City
- World Trade Center, New York City
- Zonolite Company (W.R. Grace), Weedsport
You may still be eligible for compensation even if you do not see your place of employment on the list above. Contact a New York mesothelioma attorney to learn more.
9/11 Asbestos Exposure
Lower Manhattan became a known asbestos exposure site when the World Trade Center towers were destroyed during the terrorist attacks on September 11, 2001.
Upon the destruction of towers, a cloud of toxic dust containing asbestos and debris hovered above lower Manhattan. Many residents and first responders inhaled or swallowed asbestos and other toxins as a result.
9/11 survivors have since developed a variety of health problems. Studies suggest 9/11 first responders now have a heightened risk of a variety of cancers, including mesothelioma.
Because mesothelioma can take decades to present symptoms, experts suspect there will be a spike in 9/11-related cases in the coming years.
“I think you will probably see double or triple the number of lung cancers in people who were in New York City on 9/11 and mesothelioma and people dying of pleural fibrosis from asbestosis.”
– Dr. Raja Flores, top pleural mesothelioma specialist
New York Veterans and Military Bases
Any veteran who served in the military before the 1980s could have been exposed to asbestos. Every branch of the military used asbestos to make ships, buildings, and vehicles during this time — without knowing the health risks.
Today, 33% of all mesothelioma cases involve U.S. Navy or shipyard exposure.
Between New York’s military bases and the Brooklyn Naval Shipyard, thousands of military veterans could have been exposed to asbestos in the state.
Examples of military bases in New York that used asbestos include Fort Hamilton Army Base in Brooklyn, Fort Drum Army Base in Watertown, and Plattsburgh Air Force Base.
Veterans with mesothelioma may qualify for benefits from the U.S. Department of Veterans Affairs (VA) if their asbestos exposure was service-related. New York has a number of different resources veterans can use to access these benefits.
New York veterans with mesothelioma can access:
- 12 VA medical centers
- 50 community outpatient clinics
- 16 veterans centers
- Veterans Benefits Administration facilities in New York City and Buffalo
Services like the American Legion (AML) and the Veterans of Foreign Wars (VFW) can also help New York mesothelioma veterans access these benefits.
New York Counties With the Most Asbestos-Related Deaths
Asbestos affects families and communities in every state and county in the U.S. Along with mesothelioma, asbestos exposure has caused thousands of deaths in New York from related diseases like asbestosis and lung cancer. Five counties were hit particularly hard in recent years.
|County||Estimated Deaths||Average Deaths Per Year|
Know Your Rights: New York Mesothelioma Lawsuits
Many mesothelioma victims choose to pursue justice and compensation by filing a mesothelioma lawsuit against the manufacturers of asbestos-based products.
These manufacturers knew that people who were exposed to asbestos could get sick and die, but they chose to keep making and selling their products — putting profits ahead of people.
If you or a loved one were injured by wrongful asbestos exposure, you have the legal right to file a claim.
Successful mesothelioma lawsuits force manufacturers to pay for the harm they’ve caused victims and their families.
With the help of a New York mesothelioma lawyer, asbestos victims can see if they’re eligible to receive compensation through a lawsuit.
Who Is Eligible to File a Mesothelioma Claim in New York?
In addition to New York residents, mesothelioma patients who may have been exposed to asbestos while working in, living in, or visiting the state might qualify to file a claim for financial compensation.
Additionally, anyone who’s been diagnosed with other serious asbestos-related diseases — such as lung cancer or asbestosis — may also qualify to file a claim with the help of a New York mesothelioma attorney.
Even those who develop an asbestos-related disease later in life, such as mesothelioma, may be eligible to file a claim. Surviving family members may also be able to file a claim on behalf of a mesothelioma victim.
A New York mesothelioma lawyer can explain how the state’s laws and regulations impact someone’s eligibility for different types of asbestos claims.
New York Asbestos Laws and Regulations
Just like other states, New York subscribes to the EPA’s National Emissions Standards for Hazardous Air Pollutants (NESHAP).
The state has also instituted its own state laws and regulations on the safe handling and removal of asbestos-containing materials in the New York Codes, Rules, and Regulations (NYCRR).
New York asbestos laws include:
- 6 NYCRR Part 360: Regulations including definitions of asbestos waste, transfer stations, and land disposal issues
- 6 NYCRR Part 364: Regulations including waste transportation, transport permits, and asbestos transportation tracking
- 10 NYCRR Part 73: Regulations for the training of workers in the asbestos abatement industry and regulations concerning asbestos safety training providers
- 12 NYCRR Part 56: Regulations relating to the hazards to public safety and health during the removal, encapsulation, enclosure, repair, or the disturbance of any asbestos material that may result in the release of asbestos fiber
A New York mesothelioma lawyer can help determine how these asbestos laws may affect a victim’s case. Get started with a free legal consultation.
Statutes of Limitations in New York
Each state has specific laws regarding how long someone has to file a claim after receiving a mesothelioma diagnosis. These laws are called statutes of limitations (SOLs), and they typically range from 1-2 years depending on the state.
Once an SOL has passed, you can no longer file a lawsuit.
Because these laws can be difficult to navigate, victims often turn to an experienced mesothelioma lawyer for help. A New York mesothelioma lawyer can explain how statutes of limitations will affect your case and whether you should file a claim in New York or another state.
Even if statutes of limitations prevent you from filing a lawsuit, you may still be able to access compensation from an asbestos trust fund.
Asbestos Trust Funds in New York
Bankrupt manufacturers of asbestos-based products were forced to set aside money in asbestos trust funds to pay out future asbestos claims. Asbestos trusts aren’t subject to regular statutes of limitations. Instead, they have their own deadlines to file claims.
Today, more than $30 billion is available in asbestos trust funds for mesothelioma victims.
Mesothelioma victims may be able to file claims with multiple trusts. An experienced New York mesothelioma lawyer can determine which trusts victims can file claims with.
New York Mesothelioma Settlements and Verdicts
According to Black’s Law Dictionary, about 95% of personal injury cases settle before ever going to court.
To avoid a long public legal battle in court before a judge and jury, companies responsible for a victim’s asbestos exposure typically try to reach a mesothelioma settlement.
A settlement is an agreement between a New York asbestos lawyer representing the victim (plaintiff) and the legal team(s) representing the manufacturers being sued.
Often, settlements are reached due to the overwhelming evidence a New York mesothelioma lawyer presents to the offending company or companies.
The average mesothelioma settlement is between $1 million and $1.4 million.
If a mesothelioma lawsuit is not resolved with a settlement, it may proceed to a trial. In a trial, a jury hears each side (the victim’s and the manufacturer’s) and determines how much compensation the injured party (plaintiff) is owed.
However, it’s also possible for the jury to rule in favor of the asbestos company, awarding the plaintiff no compensation.
The average mesothelioma trial verdict is between $5 million and $11.4 million.
The experienced New York mesothelioma lawyers at our partner firm Simmons Hanly Conroy have secured two record-setting trial verdicts:
- $60 million for the family of the family of the late Pietro Macaluso, who was exposed to asbestos as a laborer (largest single-plaintiff verdict in New York)
- $40.1 million for Walter Tidwell, who developed mesothelioma after serving in the U.S. Navy (largest pure compensatory verdict in New York)
Consult with a New York mesothelioma lawyer to see if a settlement or trial is best for your case.
Connect With a New York Mesothelioma Lawyer
New York has a long history with asbestos litigation and a large number of mesothelioma plaintiffs. In fact, New York City was the second-most popular jurisdiction for filing mesothelioma lawsuits in 2021.
New York mesothelioma lawyers know how this awful disease can devastate families and are here to help. If you or a loved one has been diagnosed with this disease, it is in your best interest to work with a New York mesothelioma lawyer.
Qualified New York mesothelioma lawyers can help you:
- Pinpoint the work sites or locations where you were exposed to asbestos
- Obtain medical and military records
- Build an asbestos claim that maximizes your chances of securing compensation
- File your claim within the specific time limits required by New York law
To learn more about your options, contact our team for a free, no-obligation case review. Our asbestos lawyers never charge upfront or out-of-pocket fees, and they get paid only if your case results in compensation. Get started with a free legal consultation.
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