mesothelioma | Lynch Law Firm

A mesothelioma diagnosis can be overwhelming. Learning that you or someone you love has mesothelioma is devastating and leaves you with very little time to act.

The only known cause of mesothelioma is exposure to asbestos, a fibrous mineral used for decades in several major industries. Mesothelioma is almost always fatal and often leaves victims with only a few months to live. Most are diagnosed with mesothelioma as a result of long-term exposure to asbestos, and many may be entitled to compensation. At Lynch Law Firm, PC, we do all we can to provide injury victims with the justice and compensation they deserve for their pain and suffering. As accomplished New Jersey mesothelioma attorneys, we will review your claim for free to determine if you have a case. There is no obligation to hire our firm, and we provide our services for no charge, unless we are able to successfully recover compensation in your case.

Call (800) 518-0508 to speak with a reputable New Jersey mesothelioma attorney.

What Can I Do if I Have Been Diagnosed with Mesothelioma?

Approximately 3,000 people are diagnosed with mesothelioma each year in the U.S. In New Jersey, 1,576 people died between 1999 and 2013 as a result of mesothelioma, making it the eighth ranking state for the most mesothelioma and asbestos-related deaths in the nation.

Mesothelioma is a rare form of malignant respiratory cancer that forms when an individual inhales asbestos fibers, which are light and can easily travel through the air or by attaching to materials like clothing.

Once inhaled, the fibers are absorbed into the lining of the victim’s lungs where a malignant tumor forms. The victim may be unaware that he or she has developed mesothelioma for as long as twenty to fifty years, until signs begin to appear. Symptoms can include:

  • Fatigue
  • Dyspnea (difficulty breathing)
  • Hoarseness
  • Dysphagia (difficulty swallowing)
  • Fever/night sweats
  • Pleural effusion (fluid buildup)

Mesothelioma is often difficult to initially diagnose because its symptoms are similar to other more common respiratory diseases.

Once a victim has been diagnosed with mesothelioma, the tumor has had several years to spread throughout the internal lining of the lungs and other organs, which severely shortens a patient’s life expectancy.

The sooner a victim has been diagnosed, the more time doctors have to provide treatment that might improve the individual’s condition and may expand his or her lifespan.

If you believe that another’s negligence or recklessness caused you or someone you love to develop mesothelioma, you may have legal options that can hold the at-fault party liable and provide compensation for treatment and means of comfort.

Contact our New Jersey mesothelioma attorneys to determine if you may be entitled to justice and compensation through a lawsuit.

Fill out a Free Case Evaluation form to schedule a consultation with our New Jersey mesothelioma attorneys.

Work-Related Mesothelioma Diagnosis

Most cases of mesothelioma are reported from victims who were employed in professions that required frequent and heavy exposure to asbestos.

The widespread use of asbestos the 20th century exposed countless workers and others who came into contact with products, buildings and manufacturing goods to the dangerous substance.

This was despite growing knowledge of the dangers of the substance. Industries and professions that were commonly exposed to asbestos include:

  • Construction
  • Shipbuilding and repair
  • Asbestos mining and milling
  • Automotive repair
  • Automotive manufacturing
  • Military
  • Railroad
  • Firefighting
  • Electricians
  • Welders
  • Insulators
  • Roofers
  • Boilermakers
  • Carpenters

New Jersey contains dozens of jobsites where residents have been frequently exposed to asbestos for decades by industries that created high numbers of well-sustaining jobs in shipyards, manufacturing plants, chemical plants, power plants and construction sites.

If you believe that your previous profession or employer caused you to interact with asbestos in an unsafe manner or without any protective equipment, you may have legal options.

Our New Jersey mesothelioma attorneys will review your working conditions and determine if your employer knew, or should have known, that you were in danger of being exposed to asbestos.

Call (800) 518-0508 if you believe your job caused you to develop mesothelioma.

Recovering Compensation for Your Mesothelioma Claim

There are several options those who have been diagnosed with mesothelioma can explore to recover compensation.

As most victims developed mesothelioma through workplace asbestos exposure, employers and manufacturers of asbestos products are often named as defendants. If a workers’ compensation claim fails to provide you with the compensation you deserve, there are alternatives.

Several asbestos manufacturers and companies that dealt heavily with the material created trust funds to compensate employees who developed mesothelioma. We are experienced in the procedures for accessing these funds and can help you and your family receive the share you deserve.

Members of the military were also routinely exposed to asbestos, particularly those who served in the U.S. Navy. After many veterans began displaying symptoms of mesothelioma, the U.S. Department of Veterans Affairs established its own claims process for veterans to seek compensation benefits.

As accomplished New Jersey mesothelioma attorneys, we can provide you with valuable assistance that can help you get the maximum compensation you are entitled. But it is important that you act fast after being diagnosed with mesothelioma.

Ordinarily, New Jersey’s statute of limitations for personal injury and wrongful death claims has a two-year deadline that begins on the date that the injury first occurred.

However, New Jersey uses a “discovery rule” which delays the statute of limitations for victims who were unaware of their injury, such as a mesothelioma diagnosis. Under this rule, the two-year deadline begins on the date in which you first discovered your injury or when you should have reasonably known about the condition.

We can discuss your right to compensation through a free, no obligation consultation as we review the terms of your claim and determine your options.

Call (800) 518-0508 to learn more about filing a mesothelioma claim.

How Our New Jersey Mesothelioma Attorneys Can Help

At the Lynch Law Firm, PC, our mission is to provide our clients with the highest quality legal representation so that they can focus on recovering. We will personally handle all of the details of your case to help ensure you receive the best settlement or outcome possible.

If you are not satisfied with the settlement or offer made by the insurance company or defendant, we can explore the option of filing a lawsuit and will prepare to take the other party or insurance company to trial.

By retaining our New Jersey mesothelioma attorneys, you are acquiring a team of dedicated personal injury attorneys who have more than two decades of experience and have recovered millions in verdicts and settlements.*

We have the skills and resources needed to build and support your claim. Our attorneys will:

Mesothelioma claims can be complicated and require an experienced attorney who is determined to exhaust all possible leads. In each case that we accept, we dedicate ourselves to pursuing the best possible outcome for our clients, which has earned us national recognition for the significant results our work has produced.

One of our firm’s founding partners, James S. Lynch, is an experienced trial attorney who has practiced personal injury law for more than two decades. His work has resulted in millions in compensation for victims of negligence and earned him a spot on the list of the New Jersey Top 100 Lawyers every year since 2009, as well as a lifetime membership to the Multi-Million Advocates Forum.*

We have successfully defended the rights of our clients by helping them reach outcomes that provided much needed financial support. We can help you seek justice for your harmful exposure to asbestos that was caused by another’s negligence.

Call (800) 518-0508 to schedule a free legal consultation with our New Jersey mesothelioma attorneys.

The Connection Between Asbestos and Mesothelioma

Asbestos is a flame retardant and cheap fibrous mineral that can be used in many different products and materials, which made it popular among manufacturers. From the early 20th Century until the mid-1970s, asbestos was one of the most commonly used forms of insulation in the U.S.

Although asbestos has never been officially banned in the U.S., several federal laws and regulations have successfully reduced the use of asbestos and warned people of its harmful effects.

Once the medical effects of asbestos became known to the public, the Occupational Health and Safety Act of 1970 enabled the Occupational Safety and Health Association to establish rules and regulations for employers regarding employee interaction with asbestos.

The Clean Air Act of 1970 allowed the Environment Protection Agency (EPA) to classify asbestos as a hazardous air pollutant and began heavy regulations on the use and disposal of asbestos.

In 1976, the Toxic Substances Control Act gave the EPA the authority to place restrictions on certain chemicals, such as asbestos, which began the gradual decline of the material’s use.

In 1980, the National Institute for Occupational Safety and Health studied the effects of varying levels of asbestos exposure and concluded that no amount of exposure was low enough for clinical effects to not appear.

The U.S. government’s efforts to eradicate asbestos have been successful in placing a federal ban on asbestos in several products and materials. However, asbestos is still present in some buildings constructed before 1980.

As accomplished New Jersey mesothelioma attorneys, we may be able to identify the location and time of your exposure. Contact us for a free, no obligation consultation to discuss your previous employment history to determine if your diagnosis occurred because of a negligent employer.

Fill out a Free Case Evaluation form to get started today.

Contact the Lynch Law Firm, PC

Exposure to asbestos is the only known cause of mesothelioma. If you were diagnosed with Mesothelioma, you may have legal options to hold those responsible for your mesothelioma diagnosis accountable.

At the Lynch Law Firm, PC, we are dedicated personal injury lawyers who help victims of negligence receive the justice and compensation they deserve. Our New Jersey mesothelioma attorneys have the experience and knowledge needed to obtain results for your claim.

Contact us to explore your legal options after a mesothelioma diagnosis.

documents about mesotheliomaMesothelioma is a deadly form of cancer linked to asbestos exposure. Workers in New Jersey, and throughout the country, were exposed to this dangerous mineral for decades, which caused many to develop mesothelioma years after they were first exposed.

If you have been diagnosed with mesothelioma, you may be entitled to compensation. Our New Jersey mesothelioma attorneys can help you determine the cause of your illness in order to access the compensation you deserve.

Steps for Filing a Mesothelioma Claim

Before filing a mesothelioma claim, you should take the following steps.

Gather Details of Your Diagnosis and Medical Records

Your claim will require detailed medical records with proof of your diagnosis and treatment. You should:

Our attorneys may be able to help you locate and collect all of this information.

Determine Where You Were Exposed

Because mesothelioma can take several years to develop, it can be difficult to know exactly when and where you were exposed to asbestos. Furthermore, the material was used so commonly across many industries for more than one hundred years. It is possible you were exposed in many locations.

Those who are at the highest risk of developing mesothelioma are:

  • Those who worked on vehicles, planes and ships with asbestos components
  • Factory workers
  • Construction industry employees
  • Miners
  • Those who worked in buildings containing asbestos

It is also possible you were exposed to asbestos by a family member who worked with asbestos. Asbestos particles can travel on the clothing of exposed workers, in turn exposing others in their households.

Get Legal Help

Your mesothelioma diagnosis may entitle you to compensation. However, obtaining the amount you deserve can be complicated.

Working with a law firm experienced in handling mesothelioma cases can help you:

We are committed to helping you obtain the compensation you deserve. This painful, complicated disease requires extensive treatment and care, and compensation can help support you and your family while covering expenses from your illness.

Options for Recovering Compensation

Mesothelioma victims may have several options available for recovering compensation for their illness.

Bankruptcy Trusts

The bulk of asbestos product makers have gone bankrupt. These companies were required to create trusts during their bankruptcies to compensate future victims affected by their products.

Depending on your work history and exposure, a fund may be available.

Our team can help you determine if you are entitled to compensation through a trust, and if you meet the trust’s requirements, we can help you file a claim.

Lawsuits

Another option to recover compensation would be to file a lawsuit against the responsible party. The following types of companies could be held liable for your asbestos exposure and resulting mesothelioma:

  • Asbestos products manufacturers
  • Asbestos fiber companies
  • Asbestos suppliers
  • Asbestos contractors
  • Property owners
  • Designers or engineers
  • Employers

The two most common types of lawsuits mesothelioma patients may be able to file include:

Personal Injury Claims

A personal injury lawsuit allows an affected victim to seek compensation from the at-fault party for medical bills, lost wages, pain and suffering, and other damages related to mesothelioma.

In New Jersey, cases must be filed within two years of the date of the action causing the illness, per N.J. Stat. § 2A:14-2. However, because asbestos exposure typically happens many years prior to a diagnosis, the discovery rule will likely apply.

The discovery rule prevents the statute of limitations from starting until the victim becomes aware, or should have been aware, of his or her mesothelioma diagnosis. This means, you will generally have two years from the date of your diagnosis to file a lawsuit.

Wrongful Death Claims

If a loved one has died due to mesothelioma, certain survivors may be able to file a wrongful death lawsuit to recover compensation due to the wrongful death of their loved one from mesothelioma.

Eligible heirs have two years from the date of death to bring a wrongful death lawsuit, per N.J. Stat. § 2A:31-3.

Veteran’s Benefits

Unfortunately, members of the military were often exposed to asbestos during their service. Because of this, those with mesothelioma can obtain veteran’s benefits from the Department of Veterans Affairs.

You must be able to prove that you were exposed to asbestos during your military service and must not have received a dishonorable discharge from the military.

Workers’ Compensation

In some cases, it may be possible to file a workers’ compensation claim for your mesothelioma. However, it is important that you discuss this option with a reputable lawyer who is familiar with New Jersey’s workers’ compensation laws.

Our team can help you determine if you may be able to file this type of claim.

Get Help Today from Our Mesothelioma Attorneys

The New Jersey personal injury lawyers at Lynch Law Firm, PC fight for the rights of the injured. We work to recover the maximized compensation you need to help you pay for medical bills, cover lost wages, and compensate you for the pain and suffering you have incurred.

We urge you to schedule your free, no-obligation case consultation today. You will owe no legal fees unless we are able to recover compensation for you.

Call (800) 518-0508  today.

An injury at work can greatly impact your livelihood and the financial stability of your family. Fortunately, workers’ compensation laws may allow you to receive certain benefits to help cover the costs of medical care, disability benefits, lost wages and even death benefits.

Whether you or a loved one has suffered a work-related injury or illness, the New Jersey workers’ compensation lawyers at Lynch Law Firm, PC are prepared to guide you through the process of applying for benefits, appealing a denied claim, seeking additional benefits or filing a third-party personal injury lawsuit, if appropriate. In more than two decades, our firm has obtained millions in compensation on behalf of our clients.*

Contact us today for a free, no-obligation consultation. There is no risk in calling to learn about your rights and no upfront fees for our services. We do not get paid unless we help you recover benefits.

Call (800) 518-0508 to find out how we may be able to help you.

Who is Covered By Workers’ Compensation?

Workers’ compensation is a no-fault insurance program that provides benefits for medical care, lost wages and permanent disability for workers who suffer job-related injuries or illnesses. Death benefits are also available in situations where a worker is killed on the job.

Under this program, compensation benefits are available regardless of who caused or contributed to the accident. However, this also means that workers forfeit their right to file a personal injury lawsuit against their employer for pain and suffering or other damages unless the case involves intentional acts.

The Division of Workers’ Compensation is responsible for administering the New Jersey Workers’ Compensation Act (N.J.S.A. 34:15-1 et seq.). This legislature enforces the law that requires employers to purchase workers’ compensation insurance and ensures workers receive fair and timely benefits.

Employers are required to post information about their workers’ compensation insurance in a visible location. They must also establish clear procedures for employees and managers for handling workplace injuries and workers’ compensation benefits.

If you have been injured on the job, there are specific guidelines for filing a workers’ compensation claim. Reach out to a member of our legal team to see whether you may be eligible for benefits.

Benefits Available for Work Injury Victims

For more than 20 years, we have helped injured workers recover the benefits they need. Under the New Jersey Workers’ Compensation Act, employees injured while performing their job duties may be able to receive the following benefits:

Medical Benefits

Obtaining medical care for a job-related injury or illness can be costly and cause unwanted stress. Reasonable medical expenses for necessary services are covered under workers’ compensation, such as:

  • Hospital care, including in-patient stays
  • Doctor visits
  • Prescription medications
  • Surgery
  • Physical therapy
  • Medical equipment

The employer or its insurance company has the right to designate medical providers for work-related injuries. If you are treated by another doctor without permission, your medical bills may not be covered.

Temporary Total Benefits

Injured workers who are disabled and unable to work for more than seven days may be able to receive temporary total benefits to replace lost wages. These benefits help pay for 70 percent of the worker’s average rate of pay up to a maximum amount as established by the Commissioner of Labor and Workforce Development.

Temporary total benefits are also provided until a doctor releases you to return to work, you reach maximum medical improvement, meaning that no additional treatment will aid your injury or illness, or you reach the maximum amount of time for these benefits at 400 weeks.

Permanent Partial Benefits

If a job-related injury or illness causes permanent injury, a worker may be able to receive benefits based on his or her functional loss. New Jersey has a schedule of disabilities that list the maximum benefits for impairments for certain body parts. A scheduled injury could include eyes, hands, arms, legs and feet while a nonscheduled injury could involve other body parts or organs (heart and lungs). These benefits begin after temporary benefits end and are paid on a weekly basis.

Permanent Total Benefits

Workers who are permanently disabled by a workplace injury or illness and cannot return to work may be eligible for permanent total benefits, which pay 70 percent of the worker’s average rate of pay up to the maximum allowable benefit. These benefits are available for 450 weeks but may be extended if the individual remains totally disabled. To extend your benefits, you would have to be evaluated and prove that you had were still unable to work.

Death Benefits

When an injury or illness results in a fatality, death benefits can be paid to the surviving spouse, children or other eligible dependents up to a certain limit. Up to $3,500 in funeral and burial costs must be paid by the worker’s employer. For one dependent, these benefits are generally 50 percent of the deceased worker’s wages. The compensation rate increases by five percent for every additional dependent up to 70 percent of the deceased worker’s wages for a maximum of 450 weeks from the date of death.

What if I Was Injured While Working Offsite?

New Jersey provides workers’ compensation benefits to workers who sustain injuries as a result of an accident arising out of and in the course of employment. This means that you must be at work and performing your assigned job duties, not driving to or from your workplace.

However, there are exceptions for when a worker may be eligible for benefits if an accident occurred away from the workplace, such as if a job or assignment required travel. This could include commuting for a business meeting or riding in a vehicle contracted, leased or owned by the employer as a condition of your employment.

If you have encountered difficulties in recovering the full benefits you need, it is in your best interest to contact a reputable attorney. Our New Jersey workers’ compensation lawyers are experienced in helping injured workers and their families recover what is rightfully owed to them.

Talk to a lawyer today. Ph: (800) 518-0508

Seeking Additional Compensation

In some situations, it may be possible to seek additional compensation by filing a personal injury lawsuit against a third party that was at least partially responsible for your accident and injuries.

Workers’ compensation laws prevent injured employees from filing a lawsuit against their employer, but you can make a claim against any other parties that may have contributed to your injuries. This could include anyone who is not your employer or coworker, such as:

  • Suppliers of dangerous products
  • Vendors responsible for installing or maintaining equipment

With an in-depth knowledge of workers’ compensation laws in New Jersey, we are prepared to help you determine any and all additional parties who may be held liable for your injuries to ensure you pursue every available source of compensation.

Reporting a Work-Related Injury in New Jersey

It is important to notify your employer of a work-related injury or illness as soon as possible. Notifications can be done in writing or verbally. Failure to give notice will forfeit your rights to workers’ compensation benefits.

Once your employer receives notice of your injury, he or she is responsible for notifying his or her workers’ compensation insurer. The insurance provider will then begin its investigation into your claim to determine whether you will be awarded benefits.

If your employer disputes your injury or does not report it, you have the option to contact the workers’ compensation insurance provider directly or you could file a claim. Workers’ compensation claims in New Jersey must generally be filed within two years from the date of injury.

Can I Be Treated By My Regular Doctor?

In most situations, you are only allowed to see a doctor that your employer provides. Medical bills will be paid for as long as the treatment is approved. Unauthorized treatment could include:

Only certain circumstances would allow you to seek necessary medical care from any doctor you choose and still get reimbursed for the cost, such as when your employer neglects or refuses to provide services that are reasonable and necessary to help relieve you from an injury or treat an illness.

Appealing a Denied Workers’ Comp Claim

Although filing a claim for New Jersey workers’ compensation seems like a straightforward process, it does not always proceed as it should. Your employer and/or its insurer may attempt to claim that your injuries did not happen while at work or that they are not as serious as you claim. When this happens, you have the right to appeal a denied workers’ compensation claim.

The Division of Workers’ Compensation has two avenues for an appeal: a formal and informal hearing. An informal hearing is a more expedited process. An Application for an Informal Hearing must be submitted. The case would be assigned to a judge and a hearing date set within weeks. The judge would assess all of the evidence before making a recommendation. If a dispute is not resolved, you may request a formal hearing.

For a formal hearing, a Claim Petition form must be filed within two years from the date of your injury or the date you last received compensation from the insurance provider, whichever comes later. The case would be assigned to a judge and a hearing date set within six months. The hearing would be similar to a trial, with both sides presenting evidence and having witnesses testify. The judge would then issue a written decision.

If the decision is not favorable, you may appeal to the state courts of New Jersey in the Appellate Division of the Superior Court. Our lawyers are ready to help you with the appeals process should your claim have merit.

Read some testimonials by our satisfied clients.

Types of Workplace Accidents and Injuries

Some of the most common claims for workers’ compensation include injuries such as:

  • Injuries from repetitive movements
  • Warehouse, manufacturing and industrial accidents
  • Sprain and strain injuries
  • Broken bones
  • Spine or back injuries

Some workers may have an increased risk for developing an occupational disease, such as carpal tunnel syndrome or heart disease. In other industries, there is also a higher risk of developing certain conditions, such as cancer or mesothelioma, when exposed to hazardous substances over a long period of time.

Contact Our New Jersey Workers’ Compensation Lawyers

At Lynch Law Firm, PC, we are committed to protecting injured workers’ rights to fair and complete compensation if they have been injured while at work. We have the resources required to take on large employers and their insurance companies, and we are prepared to provide the legal help you need.

Contact our New Jersey workers’ compensation lawyers to schedule a free, no-obligation consultation to discuss your claim. We work on a contingency fee basis, so we do not get paid unless you obtain a recovery.

Trusted. Local. Lawyers. Ph: (800) 518-0508

Have you or a loved one been injured because of another’s actions?

You may have legal options and may be entitled to compensation for your pain and suffering, medical bills, and more. With the experienced team of Hasbrouck Heights personal injury lawyers on your side, you can trust that we will handle every aspect of your claim for you, from filing your initial claim with the insurance company to negotiating for the maximum compensation you deserve. With more than 20 years of experience handling personal injury cases, our award-winning lawyers have the skills, knowledge and resources to handle even the most complicated cases.

Contact our dedicated team today for a free, no obligation consultation today. We charge no upfront fees and will not require any payment from you unless we recover compensation for you.

Complete a Free Case Evaluation form now to get started with our accident attorneys.

What Should I Do if I Have Been Injured?

There are several things you should do immediately following a personal injury to preserve and gather the evidence you will need for a successful claim. In any personal injury case, you must prove the damages you have suffered and show that they were caused by another’s negligence.

To do this, our Hasbrouck Heights personal injury lawyers recommend that you:

Seek Immediate Medical Attention

Your health and safety should always be your number one priority. After any injury, you should always seek immediate medical care.

Visiting an emergency room, hospital or doctor is vital for ensuring you receive the care you need and establishing a record of your injuries. It will detail all of your symptoms, test results, what caused your injuries and what treatment you have undergone.

Document Your Injuries and the Accident Scene

You will need evidence to support your claim that your accident and injuries were caused by another’s actions. As soon as possible, you should document your injuries and the accident scene by:

Contact a Reputable Personal Injury Attorney

You should then immediately contact a reputable Hasbrouck Heights personal injury lawyer. An attorney can review the details of your accident and injuries, help you file a claim with the insurance company, and help you determine if you have a legal case that may be entitled to compensation.

We will also help you gather all of the evidence and documentation you need to support your case.

Click to contact our Hasbrouck Heights personal injury attorneys today.

Do I Have a Case?

Personal injury law is a specific type of civil law that allows individuals to file lawsuits against other individuals or entities that have caused them harm. This is an important resource for injury victims to obtain compensation for the damages they have suffered because of another’s actions, such as medical bills, lost wages and more.

However, the key to filing this type of lawsuit is proving that someone else was responsible for your injuries. With enough evidence showing that another’s negligence caused your injuries, you may have a personal injury claim.

Negligence

To prove negligence, you must be able to show that the at-fault party had a lack of care for your safety.

The four elements required for proving negligence include:

The At-Fault Party Had a Duty of Care

The first step in determining if you have a personal injury case is to determine if the at-fault party owed you a duty of care.

In some circumstances, the relationship between the injury victim and at-fault party creates a legal duty of care. This includes a doctor who owes a patient a duty to provide reasonable care or a landlord who has a duty to ensure the safety of his or her property.

In other situations, the at-fault party simply had a duty to act with reasonable care and not cause harm to anyone. For example, all motorists have a duty of care to drive safely and follow the rules of the road.

The At-Fault Party Breached His or Her Duty of Care

Once it has been established that the at-fault party owed you a duty of care, we must show that he or she broke that duty by acting recklessly, carelessly or intentionally.

This can include failing to act, or not acting at all, as a reasonably prudent person would have given the circumstances.

For example, most motorists know that they should not run red lights, speed or drive while under the influence. Engaging in these types of actions can be considered breaching the duty of care the person owes to those around him or her.

Similarly, all doctors are legally obligated to act within the standards of the medical community. Any failure to act as another doctor would have, could be considered a breach of duty of care.

The At-Fault Party’s Actions Directly Caused Your Injuries

Next, you will have to prove that the at-fault party’s actions directly caused your injuries.

The insurance company and lawyers for the at-fault party will do everything possible to attempt to shift blame away from their client and claim that your injuries were caused by something other than their client’s actions.

For this reason, it is vital that we collect strong evidence showing that your injuries could not have been caused by anything other than the at-fault party’s actions.

Your Injuries Caused You to Suffer Damages

Finally, you must be able to show that you suffered damages because of your injuries. This can include economic damages, such as medical bills and lost wages, or noneconomic damages, such as physical and/or mental pain and suffering.

Our Hasbrouck Heights personal injury lawyers will walk through each element with you to determine if you have grounds to file a lawsuit. If you do, we will get to work immediately gathering the necessary evidence to build a strong claim on your behalf.

Call (800) 518-0508 for a free consultation and review of your claim.

Time Limits for Filing a Personal Injury Claim

If you think you may have a case, you should contact our Hasbrouck Heights personal injury lawyers as soon as possible because there are strict time limits for filing a claim. These time limits are called statutes of limitations, which place a deadline on when a claim must be filed. If you miss this deadline, you will lose your opportunity to file a personal injury lawsuit.

As outlined in New Jersey Statutes Annotated § 2A:14-2, most personal injury claims, including those for car accidents, medical malpractice and product liability, have a two-year statute of limitations.

Wrongful death lawsuits also have a two-year statute of limitations, as outlined in N.J.S.A § 2A:31-3.

Although these deadlines are strict, there are several exceptions that could lengthen or shorten the deadline for filing a claim. However, only an experienced injury attorney can advise you of which statutes apply to your case.

New Jersey’s Discovery Rule

In some situations, the statutes of limitations can be extended if the injury victim did not immediately know that he or she was injured or that the injury was caused by another’s negligence, which would mean he or she has a claim.

If this is the case, the two-year statute of limitations begins to run on the date the individual discovered, or reasonably should have discovered, his or her injury rather than on the date of the injury.

This includes cases of chemical or toxic exposure, such as mesothelioma, which can take years to develop after exposure to asbestos.

Claims Involving Minors or the Disabled

If a claim involves an individual who is a minor (under the age of 18) or legally incapacitated, the statutes of limitations will be tolled, or paused, until the minor reaches the age of 18 or the disability has been resolved.

This means, that if an individual was under the age of 18 at the time of the injury, the two-year statute of limitations will not begin to run until his or her 18th birthday. This will give him or her until his or her 20th birthday to file a claim.

However, this rule does not apply to medical malpractice claims involving birth injuries. In these cases, the claim must be filed before the child’s 13th birthday.

Injury Claims Against the Government

Unlike personal injury claims against private individual’s or entities, claims involving government entities or employees have additional, shorter requirements that must be met.

N.J.S.A. 59:1-1 et seq requires that a notice be filed with the responsible government department or agency within 90 days of the accident.

A failure to meet any of these deadlines will prevent you from filing a personal injury claim seeking compensation. Because of this, you should not hesitate to contact our Hasbrouck Heights personal injury lawyers as soon as possible after you have suffered an injury because of another’s negligence.

Our accident lawyers will review the details of your claim to identify the statutes of limitations that apply to your case. We will then work quickly and efficiently to meet all deadlines and requirements.

Learn more by completing a Free Case Evaluation form.

Compensation from a New Jersey Personal Injury Lawsuit

Personal injury lawsuits are intended to provide an injury victim with monetary compensation for the damages he or she has suffered because of injuries caused by another’s actions.

Depending on the circumstances of your case, our Hasbrouck Heights personal injury lawyers may be able to help you recover two types of compensation:

Economic Damages

These damages are intended to reimburse you for the money you have spent or lost in relation to your injury. This can include:

Medical Bills

Medical expenses are typically the largest portion of compensation an injury victim will recover. This can include compensation for:

  • Emergency room care
  • Ambulance trips
  • Doctors’ visits, including required specialists
  • Prescription medication
  • Lab tests, such as MRIs, X-rays and CT Scans
  • Required medical equipment, such as crutches or a wheelchair

Lost Wages

If your injury prevents you from working for any period of time, it may be possible to obtain compensation for the wages you lost while you were unable to work.

If your injury prevents you from returning to work in the future, or requires that you take a significant pay reduction, it may also be possible to obtain compensation for lost future earning capacity.

Out-of-Pocket Expenses

Some injuries and accidents will also require out-of-pocket expenses that do not meet the categories above. If they are reasonable costs that are required for your injury, it may be possible to recover compensation for them. This can include:

  • Property damage
  • Travel to and from doctor’s appointments
  • Hiring professional services to do tasks that you can no longer perform

Noneconomic Damages

Noneconomic damages are not as easily calculated because there is no direct monetary value. These damages attempt to compensate you for the effects of your injury on your personal life and can include:

  • Physical pain and suffering
  • Mental anguish
  • Lost enjoyment of life
  • Inability to engage in the activities and hobbies you once enjoyed

The types and amount of compensation you can recover from a personal injury claim will depend on a variety of circumstances, including the severity of your injuries and how they affect your life.

Our Hasbrouck Heights personal injury lawyers have decades of experience helping accident victims obtain the maximum compensation they deserve for their injuries. We will utilize our vast resources and knowledge to help you file a successful claim.

Reasons Your Compensation Could be Reduced

It is important to note, however, that although our injury attorneys will do everything we can to obtain the maximum compensation you deserve, there are some circumstances in which your compensation could be reduced or limited.

New Jersey Comparative Negligence

One of the most common reasons your personal injury lawsuit compensation could be reduced is because of the rule of comparative negligence.

According to N.J.S.A. 2A:15-5.1, fault for a personal injury can be spread between multiple individuals. If the injury victim is found to be partially at fault for his or her injuries, his or her compensation will be reduced by his or her percentage of fault, so long as he or she is not more than 50 percent at fault.

This means that if you were awarded $20,000 in your personal injury case, but were found to be 30 percent responsible for causing your injuries, your award would be reduced by 30 percent to $14,000.

Damage Caps

Some states also place caps on the amount of compensation injury victims can recover from personal injury lawsuits. In New Jersey, the only damage cap is for punitive damages.

According to N.J.S.A. 2A:15-5.14, punitive damages in personal injury cases are capped at $350,000 or five times the compensatory award, whichever is greater.

However, punitive damages are only awarded in cases in which the at-fault party acted out of actual malice or with wanton and willful disregard for the foreseeable harm that could come to the victim. For this reason, punitive damages are rarely awarded.

The Hasbrouck Heights personal injury lawyers at Lynch Law Firm, PC have decades of experience building strong claims on behalf of our clients that help them obtain the maximum compensation they deserve. We will do everything we can to recover every type of compensation you are entitled.

Call (800) 518-0508 to get started fighting for the maximum compensation you deserve.

How Much Does a Personal Injury Attorney Cost?

At Lynch Law Firm, PC, our Hasbrouck Heights personal injury lawyers will handle your case on a contingency fee basis. This means we will not charge you unless we recover compensation.

There is no upfront cost or out-of-pocket expenses to hire our firm, and we do not charge any legal fees or other charges unless we obtain compensation on your behalf.

If we recover compensation for your claim, we charge a small percentage of your recovery. If we do not obtain compensation for you, you owe us nothing.

We also offer free consultations with our team of accident attorneys to discuss the details of your claim and help you determine if you have a case.

Why Hire Our Personal Injury Lawyers?

When choosing to hire a personal injury lawyer, you will want to make sure that your attorney has the skills, experience and resources necessary to handle your claim.

The Hasbrouck Heights personal injury lawyers at the Lynch Law Firm, PC have more than two decades of experience handling a variety of injury and accident claims throughout New Jersey.

During that time, we have acquired relationships with a variety of experts and professionals that will be valuable for investigating, building and advocating for your claim.

We also have established a team of accomplished, well respected personal injury lawyers who know what it takes to build, negotiate and try a successful personal injury case.

Founding Partner Jim Lynch was appointed to and currently serves on the Board of Governors for the New Jersey Association for Justice. He is also Certified by the Supreme Court of New Jersey as a Civil Trial Attorney, which requires being a member of the New Jersey Bar for at least five years, passing a written examination and participating in continuing education classes, and demonstrating a superb reputation within the legal community.

Both he and Founding Partner Arthur Lynch members of the Multi-Million Dollar Advocates Forum.

Types of Personal Injury Claims We Handle

The Hasbrouck Heights personal injury lawyers at Lynch Law Firm, PC focus our practice solely on personal injury law. This means we are well-versed in the many laws and regulations applicable to your case.

We also know how to build a case that can stand up to any challenges you may face.

For more than two decades our accident lawyers have been committed to fighting for the rights of those who have been injured because of another’s actions. In that time, we have gained practical experience in handling a wide variety of practice areas, including:

Contact Our Hasbrouck Heights Personal Injury Lawyers

You can trust that the Hasbrouck Heights personal injury lawyers at Lynch Law Firm, PC will work tirelessly to represent your best interests and fight for the maximum compensation you deserve.

Contact our firm today for a free, no obligation consultation for a free review of your case and more information about how we can help you.

If we take your case, you will not be charged unless we recover compensation on your behalf. Even then, we will only charge a portion of your recovery.

Call (800) 518-0508 or complete a Free Case Evaluation form.

construction worker holding helmetIn New Jersey, workers’ compensation provides medical care, disability payments and partial lost wages to employees who suffer a work-related injury or illness.

Most New Jersey workers are covered by workers’ compensation, although the benefits might not be paid voluntarily. In some cases, an employee must file his or her own workers’ compensation claim to receive the benefits they are owed.

If you are pursuing workers’ compensation benefits in New Jersey, contact a New Jersey workers’ compensation attorney for qualified legal help with your claim. We are well-versed in workers’ compensation law and will work to help you get the benefits you deserve.

Below, we discuss how to file a workers’ compensation claim in New Jersey and when you may need to consult with a skilled attorney for help getting your benefits approved.

Report Your Injury to Your Employer

If you are injured on the job, you must notify your employer at once. Notify anyone who is in a position of authority, such as a foreman or supervisor, of your injury and when and how it occurred.

If you require medical attention to treat your work-related injury, let your employer know as soon as possible. However, your employer has the right to choose your health care provider for workers’ compensation claims.

Filing a Claim

If there is a dispute between an injured worker and the employer or insurance company, the worker can either file formal or informal workers’ compensation claim.

Disputes typically involve medical treatments and compensation amounts. You also might believe you are entitled to permanent benefits, but your employer or the insurance company denies your requests.

Which claim you choose often depends on how you would like to settle a dispute over a workers’ compensation claim and the extent of legal procedures you want to endure.

Informal Claim

Typically, informal claims are used to resolve workers’ compensation disputes in a more relaxed manner. These proceedings do not require workers and employers to resort to lengthy and more formal litigation.

In the event of a dispute, you can file an Application for an Informal Hearing. This will begin the process of starting an informal claim dispute resolution.

Then, you will take your claim in front of a judge. Since this is an informal hearing, the judge’s recommendations are not legally binding.

Judges typically make a recommendation after one or two hearings. While injured employees have the option of representing themselves, it is a good idea to use an attorney if you have a complicated claim or are going after a large sum of money.

Formal Claims

You can also choose to file a formal claim with the Division of Workers’ Compensation. To begin this process, you must complete an Employee Claim Petition form within two years of the date you were injured.

Once you have submitted the petition form, a judge will call you to arrange a first hearing within six months of filing the claim.

If you are unable to reach an agreement with your employer and its insurance company, the judge will send the claim to trial where he or she will determine the outcome of the case.

Unlike informal claims, formal claims have legally binding outcomes. Your judge will analyze all evidence and listen to testimonies before making a decision. The employer, employee and insurance company must abide by the judge’s ruling.

However, if you disagree with the judge’s final decision, you can appeal your claim to the Appellate Division of the Superior Court.

Time Limits for Filing a Claim

In New Jersey, there is a two-year statute of limitations for filing a formal workers’ compensation claim.

This means you have two years from the date of injury or the date you received your last payment to file a formal claim petition, whichever is later.

However, the statute of limitations is different for workers’ compensation claims involving occupational illnesses, such as mesothelioma or lead poisoning. In these cases, the two-year statute of limitations is delayed and begins on the date the worker discovers his or her condition.

Furthermore, filing an application for an informal hearing does not interfere with the statute of limitations. This means the time limit will continue to expire, even after you file an application for an informal hearing.

Get Legal Help with Your Workers’ Compensation Claim

Although you are not required to hire an attorney, it is highly recommended that employees seek legal representation for their workers’ compensation disputes.

An experienced injury lawyer from our law firm can help you organize a case to get the full amount of benefits you may be owed. Contact a Lynch Law Firm, PC attorney today schedule a free, no obligation consultation for your claim. We provide all of our services on a contingency fee basis, which means you only have to pay us if we recover compensation for your claim.

Call (800) 518-0508 to get started.

warning about asbestosAsbestos is a fibrous mineral that was widely used commercially throughout the United States in the late 1800s. The substance was later banned from use in the 1970s after it was discovered that breathing in or swallowing asbestos fibers can lead to a severe form of cancer called mesothelioma.

Although everyone will be exposed to asbestos at some point in their life, those who develop mesothelioma are those who have been exposed to the mineral in significant amounts for long periods of time. This most often occurred through a job where someone worked directly with the mineral or through exposure from their surrounding environment.

If you or a loved one has developed mesothelioma, you may have legal options and should contact a skilled New Jersey mesothelioma lawyer to review your claim for free and find out if you may be entitled to compensation. Contact us to schedule a free consultation today.

How Exposure Happens

Exposure occurs when small asbestos fibers are broken apart and become airborne, where they can be unknowingly inhaled and swallowed. The fibers can also attach to clothing and other materials and be transported, where others can also be exposed.

Some of the most common ways exposure can happen include:

Occupational Exposure to Asbestos

Harmful exposure to asbestos commonly occurs on the job. Certain industries have a greater risk of exposure to asbestos than others. The six most common industries with highest risk of asbestos exposure include:

Many workers may have been exposed to asbestos throughout their career, including:

  • Carpenters
  • Electricians
  • Plumbers
  • Workers in oil refineries
  • Railroad workers
  • Glass manufacturers
  • Mechanics
  • Automotive manufacturers
  • Agricultural workers

Nearby Asbestos Operations

Unfortunately, those who live near asbestos operations can also be exposed to airborne fibers if the air surrounding and outside the operation becomes contaminated with the fibers.

Improper Abatement

Because asbestos was regularly used as a building material, older homes and commercial buildings have asbestos within their walls. If this material is disrupted or removed during construction or renovations, there is a high risk that the fibers can become airborne.

If proper abatement, or removal, procedures are not followed, those exposed could develop mesothelioma. It is important to follow federal safety regulations for removal and disposal of the mineral to prevent health risks.

Secondhand Exposure

In addition to firsthand asbestos exposure from work or environmental conditions, many individuals are exposed to the dangerous mineral through secondhand contact.
Specifically, women are more susceptible to developing mesothelioma through secondhand exposure. According to a 2012 study, more than half of women diagnosed with mesothelioma were exposed to asbestos at home.

Indirect, secondhand exposure may be possible through the following means:

Legal Claims after Asbestos Exposure

If you or a loved one has been exposed to asbestos, you may be entitled to compensation through a variety of means. A seasoned lawyer can discuss the following possibilities with you:

Legal Claims for Secondhand Exposure

Individuals who were exposed to asbestos secondhand may also be eligible for compensation. However, they have the burden of tracing their exposure back to a defendant who used asbestos and failed to properly warn of the risks associated with this substance.

It is important to discuss the possibility of pursuing a claim based on secondhand exposure with an experienced mesothelioma lawyer.

Contact an Experienced Mesothelioma Lawyer

If you or a loved one has been injured by asbestos, it is important to contact a personal injury lawyer to review your potential claim. You may be entitled to compensation for the damages that you have sustained.

The Lynch Law Firm, PC provides a complimentary consultation to review your claim. We also work on a contingency basis so if you do not obtain compensation, we do not get paid.

Contact us at (800) 518-0508  to get started today.

warning of asbestosAsbestos is a durable mineral that was commonly used in a wide variety of industries until the mid-1970s when it became widely known that the substance can cause mesothelioma, a cancer in the lungs with a high fatality rate.

Our licensed New Jersey mesothelioma lawyers can help workers that have developed this deadly disease file a lawsuit to hold the party that exposed them to asbestos liable for their damages.

For decades, workers breathed in the substance while working with it, using a product that contained it or being in an area with asbestos particles in the air. Since then, thousands of workers have been diagnosed with mesothelioma.

Although there are many rules and regulations about the use of asbestos, the substance has not been banned in the U.S.

Some industries, outlined below, used asbestos more often than others, and for this reason workers in these industries are most prone to developing mesothelioma.

Shipbuilders

Asbestos was used in shipbuilding primarily as insulation for piping. Trimming asbestos insulation to fit piping releases particles into the air, which would allow workers to inhale the particles while on the job. The particles could also cling to their clothing, exposing family members secondhand.

Military Members

All military branches utilized asbestos until the mid-1900s, when it was discovered to be harmful. Asbestos was used in many applications, including in barracks, tanks, aircraft and ships.

So many former members of the military have been diagnosed with mesothelioma that the U.S. Department of Veterans Affairs has created a program to assist veterans with mesothelioma resulting from their military asbestos exposure.

Construction Workers

Asbestos was used to make many types of building materials, including flooring, roofing and insulation. Workers in construction trades may have been exposed to asbestos on construction sites, including plumbers, electricians, pipefitters, carpenters, roofers and other tradespeople.

Firefighters

Because asbestos was so widely used in construction, firefighters are at a great risk of asbestos exposure. While entering older buildings, it is likely that a firefighter has been exposed to the mineral during their career. A fire allows asbestos to release into the air, allowing for exposure to occur.

Railroad Workers

Asbestos insulation was used for years in train cars and engines. Engineers and repair workers could have been exposed to asbestos material on the job.

Manufacturing Workers

Both the buildings and products made in manufacturing plants may have contained asbestos, exposing employees as they entered the workplace or worked with materials. Asbestos was very common in textile mills, which used asbestos fibers in manufacturing.

Schedule a Consultation With Our Dedicated Mesothelioma Lawyers

If you are or were employed in one of the above industries and have been diagnosed with mesothelioma, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. The personal injury lawyers at Lynch Law Firm, PC will pursue your claim, working to recover the maximized compensation you deserve.

Call (800) 518-0508  today.