Long Island Mesothelioma Lawyer
Asbestos Disease Claims
Mesothelioma often shows up decades after the asbestos exposure that caused it. New York measures the deadline from when the injury was discovered, or should have been, not from the exposure. That clock may already be running.
We handle these cases with co-counsel who concentrate on asbestos litigation. You talk to us first, and we stay on your case.
Serving Long Island, Nassau County, Suffolk County & New York City
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Quick Answer
In New York, a lawsuit for injury caused by the latent effects of exposure to a substance such as asbestos must be filed within three years, counted from when the injury was discovered or should have been discovered, whichever is earlier (CPLR 214-c(2)). A wrongful death action must be commenced within two years after the death (EPTL 5-4.1). Our office handles mesothelioma cases with co-counsel who concentrate on asbestos litigation, and any division of fees is disclosed to you and consented to by you in writing.
Last reviewed: September 2026. This page is general information, not legal advice about your case.
How We Work
Who Handles a Mesothelioma Case at Our Office?
So when a family calls me about mesothelioma, the first thing I say is that the diagnosis is the medical side of it, right? And the lawsuit is a whole different job. Your doctors handle your treatment. My job is to find out where the asbestos came from and sometimes that means detective work forty years in the past.
Asbestos cases are their own kind of litigation. They often involve many defendants, work histories that go back decades, and product records from companies that no longer exist. We handle mesothelioma and asbestos disease cases together with co-counsel who concentrate on asbestos litigation.
So I will tell you straight up how we start these cases, okay? So you call our office in Huntington Station, you talk to us, and then we work with co-counsel who concentrate on asbestos litigation. We’ll tell you who they are before anything is signed. If fees get divided between the firms, we’ll tell you that too and you’ll have to agree to it in writing. We stay on your case.
The Disease
What Is Mesothelioma?
Mesothelioma is a cancer of the thin lining that covers the lungs, the abdomen or the heart. It is strongly associated with asbestos exposure. Symptoms often appear decades after the exposure, which is why many people are diagnosed long after they left the job where they breathed the dust.
Asbestos exposure is also linked to other diseases, including lung cancer and asbestosis. If you have a diagnosis and a history of asbestos exposure, the same questions about work history and deadlines apply.
Your medical care comes first. Follow your doctors on diagnosis and treatment. Nothing on this page is medical advice.
So here’s what I ask every family to write down. Every job they had, the years they did it, the building or ship they worked on, any product brands they remember, right? The insulation, the brake parts, the joint compound. If a husband came home covered in dust and his wife shook out his clothes for him, write that down too. That’s important.
Exposure History
Where Did the Asbestos Exposure Happen?
Most asbestos cases start with a work history. These are common settings where people were exposed.
Shipyards and Navy Ships
Shipbuilding, ship repair and service aboard Navy vessels, where insulation and gaskets were common.
Power Plants
Boilers, turbines and steam lines in older power generation and utility work.
Construction and Renovation
Insulators, electricians, plumbers, pipefitters, carpenters and other building trades.
Older Buildings
Older schools, homes and commercial buildings with asbestos insulation, tile or other materials.
Brake and Clutch Work
Auto repair work on brakes and clutches that contained asbestos.
Family Members at Home
Secondhand exposure from dust carried home on a worker's clothes, hair or car.
You do not need to know which products you were exposed to before you call. Identifying the products and the companies behind them is part of the work on the case.
History
How Did Asbestos Litigation Get Here?
The rules a family faces today each came from a specific study, statute or decision: the discovery rule for the deadline, the bankruptcy trusts, and the proof New York courts require on causation. Here is that record, with the source for each entry.
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October 1960
Wagner, Sleggs and Marchand described 33 cases of diffuse pleural mesothelioma in South Africa’s North Western Cape Province, all but one with probable exposure to crocidolite (blue) asbestos.
Br J Ind Med 1960;17(4):260-71
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April 6, 1964
Selikoff, Churg and Hammond of Mount Sinai Hospital in New York reported that 45 of 632 insulation workers who entered the trade before 1943 died of lung or pleural cancer, against 6.6 expected.
JAMA 1964;188:22-26
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September 10, 1973
The Fifth Circuit affirmed a judgment holding asbestos insulation manufacturers liable to an insulation worker for failing to warn of the dangers of their products.
Borel v. Fibreboard Paper Products Corp., 493 F.2d 1076 (5th Cir. 1973)
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August 26, 1982
Johns-Manville Corporation and its affiliates filed Chapter 11 petitions in the Bankruptcy Court for the Southern District of New York.
In re Johns-Manville Corp., 97 B.R. 174 (Bankr. S.D.N.Y. 1989)
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1986
New York enacted Chapter 682 of the Laws of 1986. It added CPLR 214-c, which counts the three years to sue for the latent effects of exposure to a substance from discovery of the injury, and it revived for one year time-barred personal injury actions involving DES, tungsten-carbide, asbestos, chlordane and polyvinylchloride.
L. 1986, ch. 682; Rothstein v Tennessee Gas Pipeline Co., 87 NY2d 90 (1995)
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March 25, 1988
Justice Helen Freedman so-ordered the first case management order for the New York City Asbestos Litigation (NYCAL) in Supreme Court, New York County.
Matter of New York City Asbestos Litig., 2012 NY Slip Op 52298(U)
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November 28, 1988
Manville’s confirmed reorganization plan was consummated, establishing the Manville Personal Injury Settlement Trust to pay asbestos claims.
In re Johns-Manville Corp., 97 B.R. 174 (Bankr. S.D.N.Y. 1989)
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July 12, 1989
The EPA issued a final rule under the Toxic Substances Control Act banning asbestos in most products, in phases.
54 Fed. Reg. 29460 (July 12, 1989)
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October 18, 1991
The Fifth Circuit vacated most of the 1989 ban and remanded it to the EPA, holding the agency had not supported the rule with substantial evidence or adequately considered less burdensome alternatives.
Corrosion Proof Fittings v. EPA, 947 F.2d 1201 (5th Cir. 1991)
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October 22, 1994
Congress added section 524(g) to the Bankruptcy Code, which lets a bankruptcy court confirming a Chapter 11 plan enjoin asbestos suits against the debtor and channel them to a trust.
Pub. L. 103-394, § 111(a); 11 U.S.C. § 524(g)
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February 11, 1997
The New York Court of Appeals held that the CPLR 214-c period starts when the injured person discovers the physical condition, not when the person learns what caused it.
Matter of New York County DES Litig. (Wetherill), 89 NY2d 506 (1997)
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June 25, 1997
The U.S. Supreme Court held that a proposed nationwide class certified to settle current and future asbestos claims did not meet the class action requirements of Federal Rule 23.
Amchem Products, Inc. v. Windsor, 521 U.S. 591 (1997)
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June 23, 1999
The U.S. Supreme Court reversed certification of a mandatory limited fund settlement class for asbestos claims against Fibreboard.
Ortiz v. Fibreboard Corp., 527 U.S. 815 (1999)
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October 17, 2006
The New York Court of Appeals set the causation standard for toxic tort cases: expert proof must show the toxin can cause the illness and that the plaintiff was exposed to enough of it, though exposure need not always be quantified precisely.
Parker v Mobil Oil Corp., 7 NY3d 434 (2006)
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June 28, 2016
The New York Court of Appeals held that a manufacturer must warn of the danger of using its product with a third-party product that is necessary for its product to work as intended.
Matter of New York City Asbestos Litig. (Dummitt), 27 NY3d 765 (2016)
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June 23, 2017
A new NYCAL case management order superseded all prior orders, adding rules on bankruptcy trust filings, an accelerated docket and punitive damages claims; the Appellate Division, First Department affirmed in 2018.
Matter of New York City Asbestos Litig., 159 AD3d 576 (1st Dept 2018)
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November 27, 2018
The New York Court of Appeals held the trial evidence legally insufficient to show that Ford’s conduct caused a mechanic’s mesothelioma, and affirmed setting aside the verdict.
Matter of New York City Asbestos Litig. (Juni), 32 NY3d 1116 (2018)
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April 26, 2022
The New York Court of Appeals reversed a verdict for the husband of a woman who died of mesothelioma after years of using an asbestos-contaminated talcum powder, holding the proof of causation insufficient as a matter of law.
Nemeth v Brenntag N. Am., 38 NY3d 336 (2022)
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March 28, 2024
The EPA issued a final rule under the Toxic Substances Control Act prohibiting the manufacture, import, processing, distribution and commercial use of chrysotile asbestos for the remaining uses it evaluated, with phase-outs for some uses.
89 Fed. Reg. 21970 (Mar. 28, 2024)
What that history means for a case today
The deadline runs from the condition. Under CPLR 214-c and Wetherill, the three years start when the injured person discovers the condition, not when the person learns asbestos caused it.
Many of the original manufacturers are trusts. Since Manville and section 524(g), claims against many bankrupt asbestos makers go to trusts, while companies still in business defend lawsuits. A case often involves both.
New York requires real proof of causation. Parker set the standard, and in Juni and Nemeth the Court of Appeals held the trial evidence insufficient. Expert proof must connect the specific product and the level of exposure to the illness, so the work history and product identification carry the case.
Companies can have a duty to warn about products used with theirs. Under Dummitt, a manufacturer must warn of the danger of using its product with a third-party product that is necessary for its product to work as intended.
Deadlines
How Long Do You Have to File an Asbestos Claim in New York?
The three year discovery rule: CPLR 214-c(2)
CPLR 214-c covers injury caused by the latent effects of exposure to any substance. The statute defines exposure to include inhalation, contact, ingestion and absorption (CPLR 214-c(1)). Under CPLR 214-c(2), the three year period to sue is computed from the date of discovery of the injury, or from the date when, through the exercise of reasonable diligence, the injury should have been discovered, whichever is earlier.
What that means for you: the deadline does not run from the years you worked around asbestos. It runs from when the injury was discovered, or should have been discovered. That is often around the time of diagnosis, but it can be earlier. Do not wait to see how treatment goes before calling a lawyer.
So people think that the clock starts from when they were exposed to asbestos and that’s not true. In New York, the statute of limitations runs from when the injury was discovered or should have been discovered. And generally, that would be close to when someone is diagnosed with mesothelioma. So don’t wait for treatment to see how it goes before you contact an attorney. Contact them while you’re making those decisions about treatment.
The Court of Appeals has applied this rule to exposure cases in plain terms. In Matter of New York County DES Litigation (Wetherill v Eli Lilly & Co.), 89 NY2d 506 (1997), the Court held: “We hold that the time for bringing the action begins to run under the statute when the injured party discovers the primary condition on which the claim is based.” The clock starts with the condition, not with learning what caused it.
Claims against public entities: CPLR 214-c(3)
Some claims against public bodies require a notice of claim within a set time after the claim accrues. For those laws, CPLR 214-c(3) says a latent exposure claim accrues on the date the injury was discovered, or should have been discovered through reasonable diligence, whichever is earlier. Notice-of-claim periods are short, so this matters if the exposure happened in a public building or at a public job.
When the cause was found later: CPLR 214-c(4)
CPLR 214-c(4) can allow an action within one year of discovering the cause of the injury, when the cause is discovered less than five years after the injury was discovered or should have been discovered, whichever is earlier. If the action is filed after the regular period, the plaintiff must allege and prove that the technical, scientific or medical knowledge and information needed to ascertain the cause had not been discovered, identified or determined before that period expired. This is a narrow rule, not a general extension.
If your family member has died: EPTL 5-4.1
Under EPTL 5-4.1, the personal representative of a person who died, and who is survived by distributees, may bring an action for the wrongful act, neglect or default that caused the death. The defendant is anyone who would have been liable to the person had they lived. The action must be commenced within two years after the death. See our Long Island wrongful death attorney page for how these cases work.
For every other injury deadline in New York, see our guide to the New York statute of limitations for personal injury.
Paths to Recovery
Lawsuits, Bankruptcy Trust Claims and VA Benefits
A lawsuit against the companies
An asbestos lawsuit is a claim against the companies that made, sold or supplied the asbestos products you were exposed to. It is a form of product liability case. In New York City, asbestos cases are handled in a dedicated asbestos part of Supreme Court, New York County, known as NYCAL. Where a particular case is filed depends on its facts.
Asbestos bankruptcy trusts
Many former asbestos manufacturers went through bankruptcy and set up trusts that pay claims from people harmed by their products. A trust claim can proceed alongside a lawsuit against companies that are not in bankruptcy. Each trust has its own rules and forms, and each one asks for proof of exposure to that company's products. The work history you give us is the starting point for both.
So these are not your general car accident cases, right? A lot of times the companies that manufactured asbestos products went bankrupt years ago and they created trusts to pay out claims. Other companies are still in business and they’re still defending these cases. And a trust claim and a lawsuit can run at the same time. So knowing who made what is most of the work.
Veterans
Many veterans were exposed to asbestos in military service, especially aboard Navy ships. VA benefits are a separate claim. Applying for or receiving VA benefits does not bar a lawsuit against the companies that made or supplied asbestos products.
So if you served in the Navy or worked in a shipyard and you now have mesothelioma, the VA claim is its own cause of action. It doesn’t count against or preclude you from suing the companies that manufactured asbestos-containing products. Do both. Don’t let anyone tell you that one closes the door on the other.
Next Steps
What Should You Do After a Diagnosis?
Follow Your Doctors
Treatment comes first. Keep copies of your records and note the date you were diagnosed.
Write Down Your Work History
Every job, the years, the buildings or ships, your trade, and any product or brand names you remember. Family members can help.
Related: Product Liability • Wrongful Death • NY Statute of Limitations • Contact Us
Common Questions
Mesothelioma Claim FAQ
How long do I have to file a mesothelioma lawsuit in New York?
What if I did not know asbestos caused my illness?
My family member died of mesothelioma. Can the family bring a case?
Does your office handle asbestos cases by itself?
Can I file an asbestos bankruptcy trust claim and a lawsuit?
I am a veteran and was exposed in the Navy. Does a VA claim stop me from suing?
What should I do after a mesothelioma diagnosis?
Any division of fees between our office and co-counsel is disclosed to you and consented to by you in writing, as New York Rule of Professional Conduct 1.5(g) requires. The fee terms are in your written retainer. There is no fee unless there is a recovery.
Written By
Jason Tenenbaum, Esq.
Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2008, he has authored more than 2,600 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.
The Deadline Runs From Discovery
Talk to Us About a Mesothelioma Diagnosis
The three year period under CPLR 214-c(2) starts with the discovery of the injury. Work histories take time to rebuild. Call now so the work can start.
No fee unless there is a recovery. Hablamos Español.