New York Personal Injury Laws

Mesothelioma Trust Fund

Asbestos companies that have filed for bankruptcy protection have been required by the courts to put in excess of $30 billion in trust for future mesothelioma victims, but how can you make a claim? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City and I can give you some information about the process of making a claim to these asbestos bankruptcy trusts.

 Making A Claim on the Trust Fund

The first thing that we need to know is that each of the trusts has a plan, a system of rules and regulations, that have to be filed in order to make the claim, but all trusts require proof of asbestos exposure. Proof of exposure to that particular product that that particular company made before they filed for bankruptcy protection. And that proof can come in a few forms. It can come in the form of a deposition of our client, or a deposition transcript of a co-worker. It can come from work records. Records of the client’s work at a particular site or location where that product was used. It can come from military records. Perhaps our client served on a specific military ship and that product was used on that ship. It can also come in the form of signed affidavits.

 Proof of Mesothelioma

The next thing we have to prove to the trust in order to make a claim is proof of a specific asbestos disease. We have to prove to the trust that our client has mesothelioma. And how do we do that? Through medical records, through a pathology report, perhaps through CT scans or PET scans that show the level and extent of disease.

And another thing that we have to prove is what’s called causation – a link between the asbestos exposure to that particular product and the disease, in this circumstance mesothelioma. And we do that through a report from an expert – from a doctor – who looks at the medical records and gives an opinion as to whether the exposure evidence regarding a particular product caused this particular disease. It’s important to know that these claims are usually made electronically and all this information is uploaded to different trusts electronically.

Now, you have questions about the claims process as it relates to mesothelioma victims and the asbestos bankruptcy trusts. Well, I’m Joe Williams, at our firm we handle these claims every day and I invite you to give us a call. We can answer your questions. Thank you.

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.

Upfront Attorney Fees

When a mesothelioma victim and their family come into my office, one of the first questions they ask me is are there any upfront costs or fees for me to handle their case? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City. I can tell you that the answer to this question is absolutely not.

 Paying to Prosecute Your Case

In a mesothelioma case, the lawyers for the victim lay out the money to prosecute the case. So things like court filing fees– to file the case, to start the case, there’s a fee in the courthouse to do that. The lawyers lay out that money. Fees associated with continuing the case, the lawyers lay out that money. Fees associated with hiring expert witnesses– a mesothelioma case requires the hiring and retaining of some very important expert witnesses in order to support the medical and exposure claims that are made in the case. All of those fees are disbursements which are laid out by the attorneys in the case. I can tell you at our firm, we never ask a client to set forth any payments, any money, until the case is concluded.

 Post-Settlement Money

What happens is the case is prosecuted until it’s completed. At that point, the money that is obtained in the form of a settlement or a judgement or verdict at trial, the lawyer takes the disbursements and pays them back, then takes the lawyer’s fee. All the remainder of the money, whether it be in the form of a settlement or a verdict at trial, all of that is the client’s proceeds from the result obtained in that case.

Contact Us With Questions or Concerns

Now you may have many more questions related to this topic and others. I’m Joe Williams. My office number is listed below. I encourage you to give a call to our office. We will answer your questions. We’re here to help you and to answer your questions. Thank you.

Iron Workers at the World Trade Center

Did you know that iron workers that worked at the World Trade Center during its construction were exposed to asbestos? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney based in New York City and I could give you information about how iron workers were exposed to asbestos at the World Trade Center site during its construction.

 How Did They Get Exposed to Asbestos

Iron workers installed the steel eye beams that formed the metal framework of the buildings that composed the World Trade Center site. Those same steel beams were sprayed with asbestos-containing fireproofing spray. This fireproofing came in dry powder form. It was mixed with water and put into a gun and sprayed on the metal beams. The iron workers were nearby when that was happening – when the fireproofing was being sprayed into the air. That same fireproofing dried onto those beams. And iron workers, it would also be part of their duty to come back and with the overhead beams to install metal hangers onto them so that a drop ceiling could later be installed. Well, to install those metal hangers they had to scrape off that dry fireproofing causing asbestos dust which they breathe again.

Also iron workers, sometimes ornamental iron workers, did what’s called finishing work – things like railings throughout the World Trade Center – when other trades were doing their work. Work such as putting up sheetrock walls, or putting in floor tiles. These building materials contained asbestos. Now while the iron workers were doing their work the work of the other trades were exposing them to asbestos. Iron workers were exposed to asbestos dust in great quantities at the World Trade Center site during its construction.

Now you have mesothelioma and you have questions about asbestos exposure and about the World Trade Center site. I’m Joe Williams and at our firm we handle cases from mesothelioma victims and their families every day. I invite you to give us a call and we will answer your questions. Thank you.

What is Asbestos?

You or perhaps a family member have been diagnosed with mesothelioma and you’ve been told that mesothelioma is caused by exposure to asbestos. What is asbestos? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City. I can answer this question. To answer the question the first thing I can tell you about asbestos is that it’s a mineral. What that means is it’s a rock and it’s a rock that was mined out of the ground primarily in South Africa and Canada. Now there were other asbestos mines throughout the world but those are the two primary ones that we see in asbestos cases here in the United States. This mineral, this rock, asbestos came to be know as the magic mineral. The reason why asbestos came to be known as the magic mineral is for two very important properties that asbestos has. One, it’s a tremendous insulator. Asbestos fibers can’t be burn with a blow torch, it can’t be destroyed. So it’s a perfect insulator. Two, asbestos has tremendous strength, tensile strength and it was used in various products throughout the United States for those two properties. Insulating and strength. Workers in industries, in various trades were exposed to asbestos from these asbestos fibers and they later in life contracted mesothelioma. Asbestos is an industrial toxin, a poison, a carcinogen that causes mesothelioma. I’m sure you have many more questions about asbestos and the different properties of asbestos as well as mesothelioma. We can answer your questions. You should pick up the phone and call the number listed on your screen below, that’s my office number. I’m Joe Williams and we handle these cases everyday for victims of mesothelioma. This is what we do everyday. I hope you found this video informative. Thank you for listening.

Workers’ Compensation Laws

When you’re injured on the job, unless you work for the railroad industry, or you’ve been injured as a result of the negligence of someone other than your employer or a co-employee, you are not permitted to sue your employer. Workers’ compensation laws bar you from bringing that type of lawsuit. You need an experienced law firm, who understands what’s involved and how to analyze the facts and circumstances of your case to know if you, in fact, have a basis for a lawsuit.

Being injured on the job can leave you wondering what’s going to happen in your future. Contact me or visit my website

Shipyard Workers Exposed to Asbestos

You worked in shipyards, and now you’ve been diagnosed with mesothelioma, and you’re wondering what caused your mesothelioma. Hi, I’m Joe Williams. I’m a mesothelioma trial attorney here in New York City, and I can answer your questions. We know that shipyards were filled with asbestos. Shipyards such as here in New York are good examples– the Brooklyn Naval Yard. The Brooklyn Naval Yard, that’s where the ships were built during World War II and thereafter, and they were worked on, serviced, built from the ground up, as well, in that yard. There’s also private shipyards that are not naval yards, where non-naval ships were worked on, both built, constructed, maintained, and repaired. Whether it was the building of a new ship, or the repairing of an existing one, the work was the same, and it involved working with asbestos products, such as insulation, insulation on steam pipes, insulation on equipment such as large boilers on these ships, asbestos blankets, which were put on turbines on these ships. Asbestos gaskets were cut and fabricated at these shipyards to use on these pipes, on the steam pipes, on the hot water pipes on these ships, and that’s something that happened often, almost every day, at a shipyard. Bags of asbestos cement, high temperature asbestos cement, as well, would be used and mixed with water, and applied to the piping, the equipment, and the machinery on these ships, and at these shipyards. So, there are a multitude of exposures to asbestos that a shipyard worker would have. I’m sure you have more questions about how shipyard workers were exposed to asbestos. Well, we can answer those questions. I’m Joe Williams. I invite you to call the number below. We’ll answer your questions. We help mesothelioma victims every day. We’ll answer your questions. Thank you for watching.

Do Pharmaceutical Companies Hide Negative Test Results?

Today on You be the Judge. Do pharmaceutical companies have the ability to control which studies are published about their drugs? Can studies showing bad results be hidden? Are doctors being misled about the benefits of some drugs? Modern medicine has worked many wonders, and helped millions, perhaps billions of people worldwide. Due to the profitability of drug manufacturing, pharmaceutical companies are able to afford expensive, in-depth research, to develop new medications that save people from devastating and life-threatening health problems.

When drug makers seek to create new medicines, they fund extensive research and testing, before releasing the medications on the market. Doctors then rely on this research, to decide for themselves, whether the drug is suitable for their patients. As a patient, you are then given information to decide whether you are comfortable with the potential side effects. But there is a problem. Drug makers are the ones funding and conducting the studies that validate their products.

Research Disproving Pharmaceutical Claims

Award winning physician and writer, Dr. Ben Goldacre, has compiled extensive research by experts from around the world, into his most recent book, Bad Pharma. Dr. Goldacre explained that researchers outside of the pharmaceutical industry have been examining the studies provided by drug makers, and comparing the reported results, with those found in independently-funded trials. These researchers found that the industry-funded trials produced a significantly higher rate of favorable outcomes for their drugs, than did the trials that were funded independently.

Reboxetine Example

Here’s another example of how the flow of information is distorted. Reboxetine is an antidepressant used to treat depression, anxiety, panic disorders, and ADD/ADHD. At one point, it was considered to be one of the most effective drugs of its kind and was prescribed worldwide. Later, researchers gathered the data on all the trials ever conducted on Reboxetine. Dr. Goldacre shows that out of the seven trials comparing Reboxetine against a placebo, only one yielded a positive result, and this was the only one published in an academic journal. The other six trials, all using substantially larger samples of patients, showed that Reboxetine was no better than the placebo sugar pill. Many other studies on Reboxetine were never published, including those that showed its negative side effects maybe worse than other competing drugs.

Originally, doctors, including Dr. Goldacre, reviewed the published trials to determine if Reboxetine was effective and good for their patients, unaware of the other studies that found the drug to be non-beneficial. From a legal standpoint, drug makers are doing nothing wrong by withholding test results. But what do you think about this?

By: Edward Lake

Public Service Tips

I’m Ira Maurer, with a public service law tip. If you’ve been injured and commence a lawsuit to collect damages for your injuries, you have the burden of proving your case by a preponderance of the credible evidence. That means you have to convince a jury that, with each element of your case, it’s more likely true than not true. You have to tip the scale of justice in your favor, 51% to 49%; if the jury thinks it’s 50/50, then you haven’t met your burden of proof and you will lose the case. This burden is different from what you may have heard in a criminal case, where the prosecutor has to prove their case beyond a reasonable doubt.

If you’d like more information about pursuing a personal injury case, visit the Maurer Law Firm’s website at M-A-U-R-E-R-L-A-W.net