Questions About Our Mesothelioma Practice
- Why use an attorney who concentrates his practice in asbestos cases vs. a general practitioner?
There are many reasons, but the most important reason is the knowledge an asbestos attorney has concerning mesothelioma. An attorney who regularly represents individuals with asbestos-related cancer appreciates and understands what his clients are experiencing, including the medical treatment and potential side effects. At Lipsitz & Ponterio, we understand the importance of prosecuting the case as quickly as possible, and in a way that does not interfere with our clients' medical treatment.
Mesothelioma can be an aggressive cancer and time is always of the essence. From a legal standpoint, you need a law firm that understands the process of prosecuting an asbestos case. This involves many aspects, including which companies are responsible for the victim's exposure to asbestos, and the proper way to hold these companies accountable. For instance, Lipsitz & Ponterio currently represents three clients who worked as tradesmen at Kodak and Xerox in Rochester, New York, where they were exposed to asbestos. Our firm has in-depth knowledge concerning these facilities; the asbestos products used at these facilities; and, most importantly, the manufacturers and distributors responsible for these asbestos-containing products. This type of knowledge is gained from the experience of representing individuals with asbestos-related cancers. As attorneys experienced in this area, we do not have to start from scratch.
- Why file your case in New York?
Under a special provision of New York Law, you are entitled to a trial date within one year of the commencement of your mesothelioma lawsuit. Although this may seem like a long time, the average civil lawsuit in the United States takes around four to five years. Additional provisions allow us to preserve your testimony in very short order (within a two month period). No matter where you reside, this can be completed at your convenience in your home, or at a location close to your home.
If you reside outside of New York State, you will not have to travel to New York. You will be able to testify in the community where you live.
- Do you need to associate with a law firm in your state?
It is usually not necessary. Our firm can handle all aspects of your mesothelioma case. We have worked with many litigants residing outside of New York. If you live outside of New York, but you were exposed to asbestos when you were living in New York, it may not be necessary for you to hire a lawyer in your home state. Our attorneys have helped clients who live in Florida, Nevada, Michigan, North Carolina, Massachusetts and Washington.
- What can Lipsitz & Ponterio do for me in my case?
You have three potential avenues to recovery which include: a lawsuit against responsible companies; the filing of proofs of claim against responsible companies protected by Bankruptcy; and rights under New York State's workers' compensation law. If you or a loved one decides to be represented by our firm, your family will deal with a Lipsitz & Ponterio attorney from start to finish. One of our attorneys will meet with you, prepare you for your deposition, be with you during the deposition, appear in court on your behalf, handle all of the moving parts (paperwork involved in prosecuting the case), and, if need be, represent you during trial. We do not refer the substance of your case to other attorneys, as some law firms do.
- What expenses am I responsible for?
You will not be responsible for expenses incurred by our attorneys for traveling to meet you in your home for the initial interview, unless you decide to retain us to represent you. All expenses incurred during the prosecution of your case, including the costs of travel will be paid for up front by our firm. You do not have to pay any money out of pocket to work with our firm. A retainer agreement with Lipsitz & Ponterio provides that the out of pocket costs incurred by our firm in order to pursue your case will be deducted from the total sum we recover on your behalf. In this way, we advance the necessary costs and expenses, and we are ultimately reimbursed from your recovery.