How an Asbestos Lawyer Can Help You Understand Your Claim Options

A skilled New York asbestos lawyer can help victims understand their claim options. A lawyer can determine where and when someone was exposed to asbestos and which companies could be responsible.

A victim can make a personal injury lawsuit, a wrongful-deaths lawsuit, or an asbestos trust funds claim. Each has its own requirements and the amount of money awarded.

Personal Injury Cases

A person who suffers an injury from asbestos exposure can pursue a personal injury suit to seek compensation. Depending on the nature of injury, the victim may seek damages for medical bills as well as lost wages, suffering and pain. Families of the victim may also bring a lawsuit for wrongful death to get financial compensation and closure after losing their loved ones to asbestos-related illnesses such as mesothelioma.

An employer or manufacturer can be held liable in an asbestos lawsuit if it breached its legal obligation to protect workers from injury. A breach of a duty of an employer could be due to negligent hiring, training, maintenance, or supervision. It can also be breached by selling or the supply of a defective product which can cause injury.

It is important to consult an attorney as soon after exposure to asbestos as is possible. State laws impose time limits (known as statutes or limitations) on the length of time plaintiffs are required to bring a lawsuit. In mesothelioma cases, the statute of limitations starts to run when the victim is diagnosed with mesothelioma.

The kinds of lawsuits that an individual can file will depend on where and how they were exposed to asbestos. A victim could be able to file a premises liability claim in the event that they were exposed asbestos while at work. A construction worker may be injured by asbestos in the power plant or on an Navy vessel. A person who was exposed to asbestos via secondhand means such as washing clothes for a loved one can also file a personal injury lawsuit.

Asbestos exposure is the main cause of many mesothelioma cases. Certain of these cases resulted in significant jury awards and settlements. Class action lawsuits have been filed against businesses concerning the way they handled asbestos or stored on their property.

The amount of compensation you can receive from a mesothelioma lawsuit depends on a variety of variables that include your age at the time of being diagnosed and the prognosis as well as life expectancy of your illness, the extent of your injuries and the extent of suffering and pain. Your attorney and you should examine the specifics of your case to determine a reasonable amount for your mesothelioma lawsuit.

Product Liability Cases

The law of product liability permits asbestos victims to sue the distributors, manufacturers and retailers of dangerous products that led to their exposure. The defendants could also be held accountable for negligence. It is not common for more than one company due to the diversity of exposure sources and exposure sources, to be held accountable in the case of asbestos.

Mesothelioma is a result of asbestos exposure in the workplace, such as in construction and shipbuilding. Many cases of mesothelioma and other asbestos-related illnesses result from non-occupational exposure, such as living or working in homes that are constructed using asbestos materials or handling products that contain asbestos from third parties.

The legal concepts of strict liability and breach of warranty are essential to mesothelioma lawsuits. Strict liability is a form of negligence. It means that a defendant is accountable for an injury when they fail to uphold the standard of care that a person in their position would have performed in similar circumstances.

A breach of warranty is when a seller or manufacturer claims to be able to provide a product that causes injuries. For example when the seller or manufacturer states that the asbestos product is safe to use and it turns out to be unreasonably dangerous, the manufacturer or seller could be held liable for the resultant injuries.

Asbestos litigation can be complicated by the fact that many of the asbestos-exposed businesses have gone under or were acquired by other companies. This is referred to as apportionment and state laws set the rules that govern the way a judge or jury determines the liability of each defendant in a case.

In the case of Mary Wild, v. Owens Illinois, 705 A.2d. 58 (Md. Ct. Spec. App. 1998) The decedent's mesothelioma lawsuit alleged that she was exposed to asbestos when she washed and handled her husband's work clothes at Bethlehem Steel. The court ruled that Bethlehem Steel was not required to warn Mrs. Wild about the risks of asbestos exposure through her husband's clothing or body.

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

Firefighter Cases

Firefighters could be more susceptible than the general population to contract asbestos-related illnesses like mesothelioma. They often have to extinguish fires in structures constructed using asbestos-containing materials. Even after a fire has been extinguished, they may need to check the area for potential safety hazards and asbestos-related residues that could be present. This is particularly true for firefighters who perform extensive building inspections for commercial and industrial facilities.

When the World Trade Center towers collapsed on September 11, many firefighters were exposed to asbestos dust. The dust was large metallic particles, burning plastic, and tons of asbestos fibers. This is why those who served at ground zero are at greater risk of developing mesothelioma or other cancers.

Asbestos particles can get into the tissues of a firefighter's body and remain there for decades. This can cause inflammation, irritation and scar tissue that leads to the formation of the formation of a tumor. The mesothelioma tumor is a type of cancer and is one of the four types of cancers that are linked to asbestos. Pleural mesothelioma, the most frequent mesothelioma type, which develops in the lung's lining called the pleura.

In addition to mesothelioma and asbestosis, firefighters are at risk of developing lung cancer and other asbestos-related illnesses. A lawyer who has experience with asbestos lawyers-related illnesses can assist those who have been diagnosed. They could be eligible to receive workers' compensation benefits or an asbestos lawsuit against the company accountable for their exposure.

Levy Konigsberg is experienced in representing firefighters with mesothelioma and other related illnesses. Our firm has also been involved in lawsuits against insurance companies for the full amount of damages our clients deserve.

Many states have passed presumptive coverage laws for firefighters. These laws take the burden of proof from the firefighters suffering from cancer and assume that their condition was the result of their work exposure to asbestos. This makes it easier to get financial compensation and help cover medical costs. We advise those suffering from an asbestos-related condition to speak with a mesothelioma attorney to discuss their case. Contact us for a confidential, free consultation.

Commercial Cases

If, for instance an employee who worked in an asbestos-containing structure is diagnosed with mesothelioma, they could sue the property owner. In these cases, it is important to prove the asbestos exposure wasn't caused solely by occupational exposure, but also other factors. This could include exposure from someone with the disease or by contaminated consumer products such as talcum powder.

Workers may also make claims in accordance with the laws on product liability against asbestos manufacturers. These claims are usually backed by evidence that shows the asbestos lawyers manufacturer's product was dangerous and unsafe. These lawsuits aren't just targeted at compensating asbestos victims but also companies that ignored warnings and continued to put unsafe products on the market.

Asbestos lawsuits often result in large settlements for plaintiffs and their families. For example, injured people are entitled to compensation for past and future medical costs and loss of their normal lifestyle, lost earning capacity, and emotional stress. Survivor spouses of victims of mesothelioma can also sue for loss in consortium.

Certain states' laws are more favorable to mesothelioma patients than other states' laws. For instance, the state of Illinois has a law that allows residents to sue asbestos companies for negligence and wrongful death. Its lawyers have obtained a number of multimillion-dollar verdicts and asbestos victims in other states have received compensation as well.

Many of the asbestos manufacturers have filed for bankruptcy in face of a plethora of lawsuits. The bankruptcy process made it easier for plaintiffs to receive compensation, as the companies did not have to defend themselves in public trials.

Nonetheless, asbestos litigation is complex. The process of litigation includes the filing of a lawsuit and gathering evidence like medical records, as well as interviewing former coworkers, family members and doctors. It's important to work with mesothelioma lawyers who have the experience of handling cases that are complex. A mesothelioma lawyer will 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 lawyer will help you apply for a trust or insurance settlement.