New York Personal Injury Laws

Case Continuing After Victim’s Death

Does a mesothelioma victim’s case continue if unfortunately they pass away during the pendency of the case? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I can tell you that the answer to this question is “yes”. There’s a process in place in the courts in New York, and in really all states, wherein a litigant who brings a case, if they are unfortunate enough to pass away during the pendency of the case, the court can substitute someone in their place to carry on the case to it’s conclusion.

 Surrogate’s Court

Generally what happens is an application is made to a different court, it’s called the surrogate’s court. This other court, this surrogate’s court, when I say this other court, it’s not the same court where the case is brought. It’s a court that deals specifically with these things, that’s why it’s called the surrogate’s court. The surrogate’s court will decide who it is that stands in the shoes of the person who passed away, the person who brought the case. The asbestos exposed worker who passed away from mesothelioma.

The surrogate’s court will make this decision based upon a few things. The most important of which is a will. If the person who died had a will, and appointed an executor, well the surrogate’s court will certainly take that into account, and in many circumstances appoints that executor as the person who’s in charge of the civil case, of the mesothelioma case, to bring it to its conclusion. If the person who died did not have a will, well the surrogate’s court makes a determination based upon all the facts, and all the circumstances, as to who should stand in the shoes of that now passed away person. The surrogate court will issue an order stating who it is who will take the place of the person who passed away. It’s typically a family member, a spouse, or the children, and the surrogate’s court decides this based upon all the information, but it’s typically a family member.

The bottom line is that the case can continue after the victim of mesothelioma’s death. Any settlement money, or any money from a judgment or verdict, goes to that person’s spouse, or their family members. I’m sure you have many more questions about this topic as it relates to mesothelioma cases. I’m Joe Williams. I encourage you to call my office at the number listed below. We handle these cases every day. We represent victims of mesothelioma each and every day, and we’d be happy to answer your questions. Thanks.

Injured in a Motor Accident

Sometimes even a minor car or biking accident can result in severe long term injuries that can be costly. If you’ve been injured through no fault of your own, don’t go it alone. The legal team at Wilson Law has successfully resolved claims for severely injured individuals, by either negotiating with the insurance company or going to court. Don’t get overwhelmed. See the attorneys at Wilson Law for a free consultation. We’ll even come to you.

At Wilson Law we’re standing up to them and standing up for you.

Signature Disease

Mesothelioma has been called a signature disease, a signature of asbestos exposure. So, what does that mean? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I’m going to answer this question for you by explaining to you what a signature disease is. So, a doctor, or a scientist, the physician, whenever they see a patient with mesothelioma, they immediately think asbestos exposure. And why is that? That’s because mesothelioma is a signature disease. The disease bears the signature of the exposure to asbestos. So, every physician who is evaluating a patient’s mesothelioma case, will immediately be looking for asbestos exposures. The known and widely accepted cause of mesothelioma is exposure to asbestos. That means that all the physicians know to a certainly that that particular patient who’s been diagnosed with mesothelioma was exposed to asbestos. Now, sometimes patients think mesothelioma is a form of cancer. What kind of things have I done in my life that could have caused me to get cancer? They start thinking about things like smoking cigarettes. Well, I can tell you that there’s no doctor in the world that would say that smoking cigarettes caused mesothelioma, because it doesn’t. They think, “Well, I was exposed to a lot of chemicals,” or “I was out in the sun.” We tend to think about all the things that we know are known carcinogens, but mesothelioma is a very unique cancer, only 2,000 cases diagnosed per year in the United States, and the widely accepted cause of mesothelioma is asbestos, not these other things that sometimes we think of. So, persons exposed to asbestos fibers, it takes years and years for the asbestos fibers to cause malignant mesothelioma, and in this position of years later tracing back what your possible exposure to asbestos could have been. I encourage you to call my office. I’m Joe Williams, and we answer questions from mesothelioma victims every day. We represent mesothelioma victims and their families in court every day, and we can answer your questions. I hope you found this video informative, and thank you very much for watching.

Struggling With Depression

When you’re struggling A, it’s hard. It’s hard to do just about anything. People who don’t understand will say, “Just exercise,” or, “Be positive.” They don’t get it. A lot of TV ads say here’s a drug to fix your depression. Your doctor says the medication will work wonders, so you take their word. And you know what? Sometimes, it really does help you feel a lot better. You might have more energy, more motivation to do the things you love, to be with the people you want to be with. But as time goes by, maybe you suffer side effects. Maybe you just don’t think the pill is necessary.

Whatever the reason is, you decide to stop taking the drug. No problem, right? But, there is a problem. Antidepressants like Cymbalta carry a warning that reads, “Never stop an antidepressant medicine without first talking to a health care provider. Stopping an antidepressant medicine suddenly can cause other symptoms.” But the warning doesn’t explain what kinds of symptoms, how severe they might be, how to taper the dose or what a patient should do if depression or other symptoms recur. Is it really that dangerous to stop taking Cymbalta? Just ask the thousands who suffer withdrawal symptoms.

Drug manufacturer, Eli Lilly, ran multiple clinical trials on Cymbalta prior to releasing the drug on the market. They found that roughly 44% of patients experience withdrawal symptoms. In a strangely worded label, they stated that more than 1% of patients experienced severe withdrawal symptoms – a gross understatement. In another trial of more than 1,200 users, approximately 51% of patients experienced withdrawal symptoms. Dr.Joseph Glenmullen, Harvard clinical instructor in psychiatry and author of The Antidepressant Solution points out that the actual risk is more likely to fall in the range of 66% to 78%, given the drug’s half-life.

When a person takes an antidepressant, the body develops a certain dependence on it over time. Then, when the person stops taking the drug, the body reacts because it misses the chemicals in the drug. Half-life refers to the time the body takes to reduce the drug’s presence by half. Cymbalta’s half-life is extremely short, about 12 hours. When a user stops taking Cymbalta, the sudden absence of the chemical can result in immediate and often severe withdrawal symptoms. Share this video with your friends and family to raise awareness of the dangers of discontinuing use of Cymbalta.

Free Consultation

Millions of Americans take antidepressants. Please warn your loved ones of the serious withdrawal side effects. Share this video today to spread an awareness of the consequences of Cymbalta’s half-life. Have you suffered severe withdrawal side effects after taking Cymbalta? Talk to one of our professionals today at 888-LAW-8500. Our legal team has served over 20,000 victims across the country. You do not pay to consult with us, and if we end up working for you, we will get paid only if and when you do. Call today for a free consultation, at 888-LAW-8500. That’s 888-529-8500. And visit us online at lawyersusa.com/cymbalta.

By: Dan Cogdell

Experienced Mesothelioma Attorney

When handling Mesothelioma cases, a very important criteria the attorney just has to have when dealing with victims of Mesothelioma, is empathy for the plight of these victims. We represent people. We represent victims as they fight for justice against large entities, companies, corporations. There is no substitute for experience. Experience and seasoning is a very important factor in handling a Mesothelioma case.

 Caring About and For Our Clients

Our clients are brilliant people. They can see from day one the level of commitment that our firm has to their case. They know that to us, it’s not just a case, it’s a cause. It’s a cause that we take on, that we are all in, 100%, fighting for them.

Asbestos Exposure Claim

You’ve been diagnosed with mesothelioma, and you worked at the World Trade Center during it’s construction. The building no longer exists, so how could you possibly bring a claim for your mesothelioma diagnosis? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney here in New York City, and I can answer these questions that you might have about the World Trade Center. When the World Trade Center was constructed, it was one of the largest construction projects ever known to man, and the Port Authority of New York and New Jersey, and the State of New York, entered into contracts with various contractors – general contractors and subcontractors – to do all of the work at this massive, massive project that involved thousands and thousands of workers. During the course of the last decade, we’ve seen many workers who have developed mesothelioma from their work at the World Trade Center, and through the litigation of those cases, we have acquired the contracts, the work records, the documents, which establish which contractors worked at the World Trade Center, what work they did, what work with asbestos was done at the World Trade Center. There’s also prior deposition testimony from other workers who’ve gone before you, who have already  testified to their exposure to asbestos at the World Trade Center. So, there’s a body of evidence and information about how workers were exposed to asbestos at the World Trade Center, and we can use that information, as well as any information that a worker who’s now been diagnosed with mesothelioma could have, to create a full picture of the types of exposures that occurred to workers at the World Trade Center. So, just because the building no longer exists, we are still able to go forward and prove a very strong case regarding exposure to asbestos at the World Trade Center, exposures that can cause mesothelioma to the workers that worked at the World Trade Center. You have questions about mesothelioma and exposure to asbestos. I’m Joe Williams. At our firm, we answer questions from mesothelioma victims and their families every day. Give us a call. We’ll be happy to answer your questions. Thank you.

Manhattan Workers Vulnerable to Asbestos

You’ve been diagnosed with mesothelioma, and you worked in Manhattan, in New York City, New York. And you’re wondering, where did you get this disease from? Hi. I’m Joe Williams. I’m a mesothelioma trial attorney, and I am in New York City, New York.

I have some information for you about asbestos exposure sites in Manhattan. Now, every discussion about asbestos exposure in Manhattan starts with a discussion about building and construction. Here in New York City, the skyscrapers and the Manhattan skyline that we all know so well, were built primarily throughout the course of the last century.

Where The Exposure Came From

The World Trade Center was built in the late ’60s and into the 1970s, and at the time was the largest construction project in the world, creating the tallest buildings in the world at the time. The Brooklyn Navy Yard is just a stone’s throw away across the East River to Brooklyn.

Where ships were constructed and built using all manner of asbestos products. Other famous buildings like the Empire State Building and the Chrysler Building, as well as lesser known high-rises, multi multi story buildings were constructed during the course of the last century with union tradesmen’s hands, which exposed those workers to asbestos dust.

Large hospitals, perhaps even hospitals that you are being treated at such as Memorial Sloan Kettering, New York-Presbyterian, Weill Cornell, NYU, Columbia Presbyterian. These hospitals are large medical facilities which were built during the course of the past century.

The subway and transit system, has been built and worked on during the course of the last century by union hands. All of this work exposed workers to asbestos. Now you have mesothelioma, and if you worked in New York City, you could have been exposed at these job sites.

We have information about these job sites and about asbestos exposure. I’m Joe Williams, and at our firm we handle cases for mesothelioma victims and their families every day. If you have questions, we can answer those questions. I invite you to look at the number on the screen below, and give us a call. We’ll answer your questions. Thank you.

Diagnosed With Mesothelioma

You’ve been diagnosed with mesothelioma, but your employer and every employer that you ever worked for is out of business and you’re concerned with how you could have a legal case.

Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I can tell you that almost every client that walks into my office brings up this concern. I’ll give you an example.

 Worker’s Compensation for Asbestos Exposure

A plumber that I represented recently came to my office and talked to me about his exposures to asbestos, but his big concern was that the four plumbing companies that he worked for during the course of his career as a plumber, which was over 40 years, they were all small companies and were all out of business. I explained to him that in New York State, and in most states, you can’t even sue your employer for work-related injuries; your benefits are limited to worker’s compensation.

How a Plumber was Exposed

So when I met with this client, this plumber, we talked about all the ways he was exposed to asbestos and it came out that he was exposed to asbestos from all types of equipment during his 40-year career as a plumber, boilers, and pumps, and asbestos cement, and pipe covering and pipes, and all sorts of things, and he was able to have a very strong and successful case.

 Employer Out of Business, Not Out of Responsibility

Why am I sharing this with you? Because this is a common concern. The client comes into my office and informs more that their employers are out of business, and they think that they can’t address their legal rights. And I explain to them that it’s not just the employer who can be responsible, there’s many other entities who can be responsible, and an asbestos case is really an attempt to capture all of the lifetime exposures to asbestos.

 Contact Us With Questions or Concerns

I’m sure you have many more questions about this topic as it relates to mesothelioma, and we can answer those questions. I’m Joe Williams, and if you look at the screen below you’ll see my office number. I encourage you to give us a call, we’ll answer your questions. Thank you.

Sick From Mesothelioma but Still Pursuing a Case

You’ve just been diagnosed with mesothelioma, and you’re not feeling well. So how could you possibly get involved with a complicated legal case? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney. And I want to tell you that getting involved with asserting your legal rights as a victim of mesothelioma is not as complicated for the victim as you might think.

There’s one basic involvement that a victim of mesothelioma has in every mesothelioma case. They have to establish how they were exposed to asbestos. And the discussion about the ways a victim was exposed to asbestos is really just the story of that victim’s life. All the things that that person did when they worked and when they were at home, if they served in the military, the jobs they had, the interactions they had, home projects they did in their house, construction projects at home, cars that they might of worked on, maybe they tinkered in their garage, changed breaks in cars. These are just some of many examples of how people can be exposed to asbestos during the course of their life. But what’s important is this is just the story of that person’s life, and all the exposures that could of happened during the course of that life. That’s what we need to do.

We need to memorialize that life story, and we usually do it in the form of a deposition. The victim’s involvement is primarily in regard to that deposition and in regard to memorializing the potential exposure to asbestos that they had. But all of the other nuisances of a lawsuit, the day to day proceedings, any dealings with the court or judge, or things like that, that’s what lawyers do for the victim and their family.

So while a victim is really suffering through the diagnosis of mesothelioma and its aftermath, the victim shouldn’t be stressed about any legal proceedings that they should get involved with, because it’s really not as complex for the victim as they might think. And why am I telling you this? I’m telling you because you have questions about mesothelioma.

I’m Joe Williams. I’m a mesothelioma trial attorney, and we answer these questions every day. We represent mesothelioma victims and their wives and families each and every day. And if you have questions, I invite you to contact our office and we’ll answer your questions. Thank you for watching.