How an Asbestos Lawyer Can Help You Understand Your Claim Options

A New York asbestos lawyer who is knowledgeable can assist victims understand their options. A lawyer can identify where and when someone was exposed to asbestos and the companies that could be accountable.

A victim may bring a personal injury lawsuit or wrongful death suit or an asbestos trust fund claim. Each has its own set of requirements and the amount of money awarded.

Personal Injury Cases

Someone who suffers an injury from asbestos exposure can pursue a personal injury suit to claim compensation. Based on the nature of injury, an individual may seek damages for medical expenses, lost wages and suffering and pain. The family members of the victim could also pursue a lawsuit for wrongful death to get financial compensation and closure after losing a loved ones to asbestos-related illnesses like mesothelioma.

A manufacturer or employer could be held accountable for an asbestos lawsuit if they violated its legal duty to protect workers from harm. An employer's duty is breached when they fail in hiring or training, maintenance, or supervision. A defective product that can cause injuries can also be sold or marketed.

It is essential to speak with an attorney as soon after exposure to asbestos as you can. State laws have time limitations (known as statutes or limitations) on the time that plaintiffs are required to bring a lawsuit. In mesothelioma cases, the statute of limitations starts to run as soon as the victim is diagnosed with mesothelioma or another asbestos-related disease.

The type of lawsuits that an individual may file will depend on how and where they were exposed. A victim may be the subject of a premises liability claim in the event that they were exposed asbestos at work. Construction workers could be injured by asbestos at the power plant or on the deck of a Navy vessel. A person who was exposed through second-hand exposure to asbestos, such as when washing the clothes of a loved one, can also bring a lawsuit to claim personal injury.

Asbest exposure was the basis for many mesothelioma cases. Certain of these cases resulted in substantial jury awards and settlements. Class action lawsuits have also been filed against companies concerning the way they handled or stored asbestos on their property.

The amount of compensation that you could receive in a mesothelioma-related case is contingent on a variety of factors, including the age at when you were diagnosed, your prognosis, your life expectancy, your injuries and the extent of your suffering and pain. Your lawyer and you must examine the details of your case to determine the fair value of your mesothelioma lawsuit.

Product Liability Cases

The product liability law allows asbestos-related victims to sue manufacturers, distributors, and retailers who sold hazardous products that led to their exposure. The defendants could also be held liable for negligence. In the case of asbestos, it's not uncommon for several companies to be held accountable due to the wide range of potential exposure sources.

Mesothelioma is caused by asbestos exposure in the workplace, such as in shipbuilding and construction. However mesothelioma cases in a majority of cases and other asbestos-related illnesses result from non-occupational exposures too, for example, living in homes constructed with asbestos materials, visiting or working on sites that contain asbestos or handling asbestos attorneys-containing items offered by third party sellers.

Mesothelioma cases are based on the legal concepts of strict responsibility and breach of warranty. Strict liability is one type of negligence, which implies that a defendant is accountable for an injury when they fail to uphold the standard of care that a person in their position would exercise under similar circumstances.

A breach of warranty is when a seller or manufacturer makes a claim about their product that results in injuries. If, for example, the seller or manufacturer claims that an asbestos product will be safe to use and it proves to be dangerous in a way that is unreasonable the seller may be held responsible for the injuries.

Asbestos litigation can be complicated by the fact that many of the asbestos-exposed companies have gone bankrupt or were taken over by other companies. This is known as apportionment. State laws determine how a judge will assign responsibility to each defendant.

In the case of Mary Wild, v. Owens Illinois 705 A.2d. In the case of Mary Wild, v. Owens Illinois, 705 A.2d (Md. Ct. Spec. App. App. The court declared that Bethlehem Steel did not owe Mrs. Wild a duty to warn about the foreseeable risks of asbestos exposure on the clothes and body of her husband.

Due to the lengthy latency associated with mesothelioma it is crucial to keep a record of all asbestos exposure, no matter if it is known or suspected. An experienced mesothelioma lawyer will guide individuals on how to approach this task.

Firefighter Cases

Firefighters may be more likely than the general population to contract asbestos-related illnesses such as mesothelioma. They often have to deal with fires in buildings constructed using asbestos-containing materials. Even after a fire has been put out, firefighters might still be required to check for asbestos residue and safety hazards. This is particularly true for firefighters who perform extensive building inspections for industrial and commercial facilities.

When the World Trade Center collapsed on 9/11 the firefighters were exposed to toxic asbestos dust. This dust contained heavy metallic particles, burning plastic, and tons of asbestos fibers. This is why those who worked in the ground zero area have a higher risk of developing mesothelioma or other types of cancer.

Asbestos particles can get into the tissues of a firefighter's body and become lodged there for years. This can cause irritation, inflammation and scar tissue that results in the development of a tumor. This tumor is known as mesothelioma. It is one of four types of asbestos-related cancers. The most common form of mesothelioma occurs in the lining that lines the lungs, which is known as the Pleura.

In addition to mesothelioma, firefighters are at risk of lung cancer as well as other asbestos-related diseases. Those who have been diagnosed with an asbestos-related condition should speak with an experienced lawyer regarding their situation. They may be qualified for workers' compensation benefits or an asbestos lawsuit against companies accountable for their exposure.

Levy Konigsberg is experienced in representing firefighters with mesothelioma or other related illnesses. Our firm is also experienced in pursuing litigation against insurance companies to get the full amount of damages that our clients deserve.

Many states have passed presumptive insurance laws for firefighters. These laws take the burden of proof for firefighters with cancer and presume that their condition was caused by their occupational exposure to asbestos. This could make it easier for them to receive financial compensation and pay medical expenses. We encourage anyone with an asbestos-related disease to contact a Mesothelioma Attorney to discuss their case. Contact us for a confidential, no-cost consultation.

Commercial Cases

If, for instance an employee who worked in an asbestos-containing building is diagnosed with mesothelioma, they can sue the owner. In these types of cases, it's important to prove that the exposure to asbestos was not only caused by occupational exposure but as well by other causes. This could be a result of secondhand exposure by someone with the disease, or from contaminated consumer products such as talcum.

Workers may also bring lawsuits in accordance with the laws on product liability against asbestos manufacturers. These claims are often bolstered by evidence proving that the asbestos manufacturer's products were dangerous and defective. These lawsuits aren't just targeted at compensating asbestos victims but also companies who ignored warnings and continued to place unsafe products on the marketplace.

Asbestos lawsuits often result in substantial payouts for plaintiffs and their families. People who have suffered injuries may receive compensation for their past and future medical expenses, loss of normal life, lost earnings potential, and emotional stress. Spouses of victims of mesothelioma are also able to be able to sue for loss of consortium.

Certain states have laws that are more favorable to mesothelioma plaintiffs than others. For instance the state of Illinois has a statute which permits residents to sue asbestos companies for negligence and wrongful death. Its lawyers have won several multi-million-dollar settlements, and asbestos victims from other states have also received compensation.

Thousands of asbestos lawsuits led to bankruptcy for many asbestos manufacturers. The bankruptcy process allowed easier compensation for plaintiffs, since the companies did not have to defend their claims in court.

Nonetheless, asbestos litigation is complex. The process of litigation begins with the filing of a lawsuit, collecting evidence, such as medical records and obtaining interviews with former colleagues, family members as well as doctors. It is crucial to choose a seasoned mesothelioma lawyer who has dealt with complicated cases. A mesothelioma lawyer can conduct a free case evaluation to determine where, when and the manner in which you were exposed to asbestos in order to make an claim. A mesothelioma attorney can help you apply for an insurance settlement or trust.