Mesothelioma is an occupational disease acquired as a result of exposure to asbestos. It has a latency period as long as fifty years which means that it can show up as many as five decades after first exposure. Asbestos exposure during the 1950s, 1960s, and 1970s has placed thousands of retirees from New York State at risk for the development of this fatal disease, whether they continue to reside here or they have moved to Florida or elsewhere. At Lipsitz, Ponterio & Comerford we are prepared to meet with victims of mesothelioma anywhere in the country to discuss legal action against the companies responsible for their exposure to asbestos.
Mesothelioma is a rapidly progressing cancer, and in many cases death occurs within several months of diagnosis. Under the circumstances, the time available for collecting information that may be important to the development of the case is brief. As soon as we determine that there is a factual basis of bringing a lawsuit, we make arrangements for our new client to testify, especially while his mental faculties are still intact. This often means traveling to the locale where the new client lives. Testimony is taken in two stages. The first stage is the discovery deposition during which most of the questioning is done by the lawyers for the asbestos companies. Before testifying, our clients meet with one of our lawyers to prepare for questions that will cover his work history, with an emphasis on asbestos exposure, job assignments, and work sites; his medical history; and his personal knowledge of the hazards of exposure to asbestos, including warnings and the use of masks and respirators.
Once the deposition is complete, we usually proceed, within a day or two, to take the client’s trial testimony. Like the deposition testimony, the trial testimony is recorded and transcribed, but it is also videotaped for later presentation to a jury in the event the case does not settle before trial and the client is no longer available to testify in person. This trial testimony is usually accomplished in less than two hours.
If you or a close family member are suffering from an occupational disease like mesothelioma, the fact that you are no longer living in Western New York is no obstacle to the successful prosecution of your case. Lipsitz, Ponterio & Comerford also takes pride in the fact that we provide a variety of services related to the handling of occupational disease cases, including representation in workers compensation proceedings, representation in applications for social security disability benefits, and estate work in Surrogate’s Court.