New York Personal Injury Laws

Putting Together a Mesothelioma Case

How is a lawsuit started for a mesothelioma victim? Hi. I’m Joe Williams. I’m a mesothelioma trial attorney in New York City. I can tell you that the first thing that is done to start a mesothelioma case, is a very thorough investigation.

 Gathering Evidence

And one of the most important parts of that investigation is, a conversation with the victim of mesothelioma and with their family. And during those conversations, and they’re just general talks in the victim’s home, we talk about all the ways that that victim could have been exposed to asbestos during the course of their life.

In all the different settings, whether it’ll be at work, at home, through family members, environmentally. We talk about all the possible exposures that that particular person could have had. We then take that information and do a thorough work-up of the case.

An investigation of job sites, of different places where exposure to asbestos could have happened for this particular victim. We then take all that information and we formulate a legal document. It’s called a summons and complaint.

 What To Do With the Evidence

And a summons and complaint is the document that starts off a legal case. It basically accuses the defendants, the companies the cases are brought against, of wrongdoing as it relates to this particular mesothelioma victim.

That document is prepared, and because mesothelioma victims are suffering, and because time is of the essence, and timing is very important, it’s important to know that in New York state and in many states, we are able to file this document electronically.

We file it immediately. It’s filed electronically, and then we serve the document through our process service on these companies in every state in the United States. And this whole process can happen within days.

We move at light speed with respect to mesothelioma cases because of the nature of this disease. You may have many more questions about how a mesothelioma case is started, and we can provide the answers to your questions.

I’m Joe Williams. At our office we represent mesothelioma victims and their families every day. These are the kinds of cases that we handle each and every day, and we’ll be happy to answer your questions. I encourage you to call the number on your screen below, that’s my office number, and we’ll answer your questions. Thank you.

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.

Railroad Workers Exposed to Asbestos

How were railroad workers exposed to asbestos, and what can they do about it if they get mesothelioma? Hi, I’m Joe Williams, I’m a mesothelioma trial attorney and I want to talk to you about the types of exposures that workers on the railroad would have confronted during the course of their working career.

Protection With FELA statute

The first thing you need to know is that railroad employees are protected under the FELA statute. It’s a federal statute, the Federal Employers Liability Act, which requires the railroad to provide a safe working environment for their railroad employees. So if the railroad was negligent and not providing a safe working atmosphere, and if the employee gets sick and gets mesothelioma as a result, the railroad can be held legally responsible for that.

 A Former Client

Let me illustrate this by talking to you about a former client of my office who was a railroad worker. Now, this railroad worker worked on locomotives and trains as well as the cars themselves and he was exposed to asbestos from the insulation on the exhaust system of the locomotives, to asbestos from the controls and switches in the electrical components of the cars themselves, and he was exposed to asbestos from the work that others did around him with asbestos containing brakes that existed on the cars. There was also iron brakes, but some of them were made of asbestos. All of these exposures contributed during the course of a working lifetime to, unfortunately, give this client mesothelioma, and when he was diagnosed with mesothelioma he wanted to know what he could do about it. After an understanding that the FELA statute was designed to protect him, he was able to bring a claim against the railroad under the FELA statute.

Now why am I telling you this? It’s because you have questions about mesothelioma and the types of exposures that railroad workers would confront on the job. I’m Joe Williams, at my law firm we represent mesothelioma victims each and every day, and we deal with issues like this every day. If you have questions I invite you to contact our office. We are here to answer your questions. Thank you for listening.

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.

The Risks of Hip Replacements

Today on You Be The Judge. Are hip implants putting toxic debris in people’s bloodstream? Could a major corporation have hidden its expectation that 37% of its hip replacements would fail? An estimated 500,000 Americans have received metal-on-metal hip replacements for Arthritis, fractures, and other conditions that cause everyday pain. This type of hip implant is called metal-on-metal because both the ball and socket are metal composed of Cobalt, Chromium alloys.

Metal on Metal Hip Replacements

Now let’s stop right there. Imagine two pieces of metal grinding against each other in your body. According to the FDA, this grinding from a metal-on-metal hip implant can release small metallic debris into the body. This lingering debris can raise the body’s toxicity levels, and for one 66-years-old man, this implant raised his body’s levels of Cobalt and Chromium seven times normal.     Testimony was heard in the Los Angeles Superior Court, and this first lawsuit to go to trial involving Johnson & Johnson’s all metal hip replacements.

Johnson & Johnson Hip Replacements

The manufacturer is alleged to have known about defects including the risk of Cobalt and Chromium poisoning due to the metal debris before they even started selling the implants in 2004, but there’s more. A Johnson & Johnson study presented at trial showed that the company itself had estimated the 37% of the devices would fail within five years of implant surgery. 37%, that’s almost 4 in 10.     Stop for a moment and imagine that you yourself needed a hip implant.

First of all, you would be dealing with a great deal of physical pain on a daily basis. You would have a hard time doing ordinary tasks like going to answer a knock at the front door or sweeping the back steps. Your doctor recommends a hip replacement, and after talking it over with your friends and family, you decide to undergo this intensive surgery. Afterward you go through a period of recovery, but it is well worth it because you can now go on with your life living like you are used to, at least for a while.

You begin having problems, and you are told that your hip implant is failing, and you need to be operated on again to remove the hip replacement. Then one day, you find out that the manufacturer had estimated that 37% of their products would fail within five years. Legally, Johnson & Johnson can withhold this kind of information from you, but should they? Should corporations release this kind of information to candidates for major surgeries?

By: Edward Lake

Brick Layer Exposed to Asbestos

You’re a bricklayer. You’ve now been diagnosed with mesothelioma, and you’re wondering how did you get this disease?

 Mesothelioma Trial Attorney

Hi, I’m Joe Williams. I am a mesothelioma trial attorney, and I want to talk to you a bit about the types of exposures to asbestos that bricklayers faced from their work on the job. In order to do that, I want to talk to you about a prior client I had, and his work is a good example of how bricklayers are exposed to asbestos.

How Do Brick Layers Become Exposed

He worked at very large commercial sites, sites like the World Trade Center, and he also worked at smaller commercial sites. He was a union bricklayer, so he did all commercial work. And the smaller sites for him were six-story apartment buildings, and whether it was a big building or a small building, his work was kind of always the same. He did brick and masonry work, Brick and masonry walls, and from time to time, especially back in the 1950s, some of the actual brick that he used contained asbestos.

But mostly, most of his exposures to asbestos came from the work of other tradesmen. Now when he was doing his work, other tradesmen could be shoulder to shoulder with him or maybe within ten feet working with products that contained asbestos. If he was building walls in a boiler room, plumbers or steamfitters could be working on the boiler systems working with steam pipes and working with the equipment in the boiler room, all of which was insulated with asbestos.

Mixing asbestos, applying it as a insulation material to high heat and to steam equipment while my client, the bricklayer, is putting up a masonry wall not far away. They’re all breathing the same dust, and all of the tradesmen in the room are susceptible to getting mesothelioma. In addition, when he was doing his work in different parts of apartment buildings, other trades were putting up internal walls and putting in floors using building materials that contained asbestos.

These exposures to asbestos, caused by other trades working near my bricklayer client, caused him to get mesothelioma. Now why am I telling you all this? It’s because you have questions about mesothelioma, and about the types of exposures that bricklayers would have to asbestos.

I’m Joe Williams, and at our office we handle cases from mesothelioma victims every day, and we deal with these issues every single day. Call us at our office, we’ll answer your questions. Thanks.

Boil Maker Vulnerable to Asbestos Exposure

Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City. I want to talk to you about a particular client I had and explain to you how he proved his exposures to asbestos. Now, this client, a former client of mine his name was Don and he was diagnosed with mesothelioma. He was a union boil maker who worked in the local power houses here in New York City for many decades. Through the course of his work he was exposed to all kinds of asbestos. Asbestos cement, asbestos block, asbestos pipe covering, asbestos refactoring. Now, the thing about Don that was very interesting is that Don was a brilliant guy. Don barely graduated high school, didn’t go to college, wasn’t a doctor or lawyer or any of those things. He was a union boiler maker. But boy, did he know what he was talking about. When it came time for him in the fight of his life and his deposition to talk about his exposures to asbestos he did a tremendous job of talking about all the ways that was was exposed to asbestos. He has an incredible memory and he was able to document through his great memory and his strong mind all the ways that he was exposed to asbestos. I have to say it was one of the great pleasures I’ve ever had working with such a knowledgeable and informed client. Don had a very successful and strong case and you may have a similar case. But every case is different. It’s depends on large part on the work up and effort that’s put into the case. To work on the case with the client to establish these exposures to asbestos so that we can prove them and resolve the case in a favorable way. Now, you have I’m sure many questions about how you prove that you were exposed to asbestos in the different ways you were exposed. We can answer those questions for you. I’m Joe Williams and at our firm we handle cases for mesothelioma victims everyday. Pick up the phone and call us at the number below and we’ll answer your questions. Thank you for listening.

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.

Tip On Insurance Policies

I’m Ira Maurer, with a public service law tip. If you’re a driver in New York, you’re insurance policy must have coverage for underinsured uninsured drivers. That means if you get in an accident with someone who doesn’t have an insurance policy as required by law, your own insurance still will provide a benefit of at least $25,000 for each individual who’s injured, maximum coverage, and a maximum of $50,000 for all injuries from one single accident.

That’s not very much money, and if you get seriously injured it won’t go anywhere near what’s necessary to compensate you for your injuries and help you deal with the financial losses. You can purchase more insurance if you call up your insurance agent, for a relatively minor sum – hundreds of dollars – you can get hundreds of thousands of dollars of additional coverage. This is a no-brainer. So if you’re a driver in New York, you should purchase additional uninsured/underinsured motorist coverage.

For more information, contact the Maurer Law Firm by going to maurerlaw.net