How an Asbestos Lawyer Can Help You Understand Your Claim Options
A knowledgeable New York asbestos lawyer can assist victims in understanding their options for claiming. A lawyer can identify the time and place that a person was exposed to asbestos, and what businesses could be accountable.
A victim can file a personal injury lawsuit, a wrongful death lawsuit or an asbestos trust fund claim. Each of these options has its own requirements and results in different awards.
Personal Injury Cases
Anyone who has been injured by asbestos exposure can file a lawsuit for compensation. Depending on the type of injury, the victim may be able to claim damages for medical bills and lost wages as well as pain and suffering. Families of the victim can also pursue a lawsuit for wrongful death to obtain financial assistance and closure following the loss of their loved ones to asbestos lawyers-related illnesses such as mesothelioma.
A manufacturer or employer could be held liable for an asbestos lawsuit if they violated its legal duty to protect workers from injuries. Employers' obligations is breached when they fail in hiring training, maintenance, and supervision. A defective product that causes injuries may also be sold or supplied.
It is important to consult an attorney as soon following exposure to asbestos as possible. State laws impose time limits (known as statutes or limitations) on the time that plaintiffs have to file a suit. For mesothelioma, the statute of limitations begins to run once the victim is diagnosed as having mesothelioma.
The type of lawsuits a person can be able to file will depend on the place and how they were exposed to asbestos. If asbestos was present at work, a victim may be subject to a premises-liability lawsuit. For example an employee working in construction could be injured by asbestos in the power plant or an Navy ship. Anyone who has been exposed to asbestos by indirect means like washing the clothes of a loved one may also file a personal injury lawsuit.
Asbest exposure was the reason for many mesothelioma cases. Some of these cases have resulted in significant settlements and jury awards. Companies have also been accused of being sued in class action lawsuits for how they handled asbestos on their premises.
The amount of money you could receive in a mesothelioma lawsuit depends on many factors such as the age at which you were diagnosed, your prognosis, your life expectancy, your injuries, and your pain and suffering. Your lawyer and you should review your case details to determine the fair value of your mesothelioma lawsuit.
Product Liability Cases
The law on product liability permits asbestos-related victims to sue distributors, manufacturers and retailers who sold asbestos-related products that led to their exposure. These defendants can also be held accountable for negligence. It's not common for more than one company due to the wide variety of exposure sources, to be held liable for asbestos-related injuries.
Mesothelioma sufferers are exposed to asbestos while working in workplaces such as shipbuilding and construction. Many cases of mesothelioma, and other asbestos-related diseases, are the result of non-occupational exposures, like living or working in homes built with asbestos materials or handling products that contain asbestos from third parties.
Mesothelioma cases rely on the legal concepts of strict liability and breach of warranty. Strict liability, which is a form of negligence, implies that the defendant is liable for any injury if they fail to take the same amount of care as other people in similar situations.
A breach of warranty occurs when a manufacturer or seller makes a claim about their product that causes injuries. For instance, if the seller or manufacturer declares an asbestos product to be safe to use and it proves to be dangerous in a way that is unreasonable the seller could be held responsible for the injuries.
Asbestos litigation can be complicated due to the fact that many of the companies that have been responsible for asbestos exposure have either gone bankrupt or been acquired by other businesses. This is called an apportionment. State laws govern the way a judge assigns liability to each defendant.
For instance, in the case of Mary Wild v. Owens-Illinois, 705 A.2d 58 (Md. Ct. Spec. App. App. The court decided that Bethlehem Steel did not owe Mrs. Wild a duty to warn her about the risks of asbestos exposure on the clothing and body of her husband.
Due to the long-lasting mesothelioma's latency, it is important to keep track of every asbestos exposure, whether known or suspected. An experienced mesothelioma lawyer will guide individuals on how to approach this task.
Firefighter Cases
Firefighters are more likely suffer from asbestos-related illnesses such as mesothelioma than other people. Their work often involves extinguishing fires in buildings that were built using asbestos-containing materials. Even after a fire has been extinguished, firefighters may have to examine the area for safety hazards and potential asbestos residue. This is especially relevant for firefighters who conduct in-depth building inspections for commercial and industrial 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 countless asbestos fibers. This is why people who served at ground zero are at a greater risk of developing mesothelioma or other cancers.
Asbestos particles can get into a firefighter's inner tissues and become lodged there for a long time. This can cause inflammation, irritation and scar tissue that leads to the formation of a tumor. The tumor is referred to as mesothelioma and is one of the four types of asbestos-related cancers. Pleural mesothelioma is the most frequent type of mesothelioma, which is found in the lung's lining called the pleura.
In addition to mesothelioma, firefighters are at risk for lung cancer and other asbestos-related diseases. A lawyer who has experience with asbestos-related illnesses can assist those who have been diagnosed. They may be entitled to workers compensation benefits, or they could bring a lawsuit against the companies that caused their asbestos exposure.
Levy Konigsberg is experienced in representing firefighters with mesothelioma or any other related illness. Our firm is also skilled in pursuing litigation against insurance companies to get the total amount of damages our clients deserve.
Many states have passed presumptive insurance laws for firefighters. These laws eliminate the burden of proof from the firefighters suffering from cancer and assume that their condition was caused by their occupational exposure to asbestos. This can make it easier to receive financial compensation and help cover medical costs. We encourage anyone with an asbestos-related disease to contact an attorney for Mesothelioma to discuss their case. Contact us for a confidential, no-cost consultation.
Commercial Cases
If, for instance, someone who worked in an asbestos-containing structure is diagnosed with mesothelioma, they can sue the owner. In these cases, it is important to prove that the asbestos exposure was not just caused by occupational exposure, but also from other factors. This could be from secondhand exposure by someone with the disease, or from contaminated consumer products like talcum.
Workers may also file lawsuits in accordance with the laws on product liability against asbestos manufacturers. These claims are usually backed by evidence that shows the asbestos manufacturer's product was dangerous and unsafe. In addition to remuneration for asbestos victims These lawsuits aim to penalize companies who ignored warning signs and kept placing dangerous products on the market.
Asbestos lawsuits often result in large settlements for plaintiffs and their families. Injured people can receive compensation for their past and future medical costs, loss in normal life, loss of earnings potential, and emotional stress. In addition, spouses of survivors of mesothelioma patients can claim compensation for loss of consortium.
Certain states have laws that are more favorable to mesothelioma patients than others. Illinois for instance, has a law that permits residents to sue asbestos-related companies for negligence and wrongful deaths. Its lawyers have won many multi-million dollar verdicts and asbestos victims from other states have also received compensation.
Thousands of asbestos lawsuits led to bankruptcy for many asbestos attorneys manufacturers. The bankruptcy process resulted in greater compensation for plaintiffs since the companies didn't have to defend their claims in the public eye.
Nonetheless, asbestos litigation is complex. The process of litigation begins with the filing of a lawsuit, gathering evidence, such as medical records and obtaining interviews with former family members, colleagues and doctors. It is essential to consult with a skilled mesothelioma lawyer who has handled complicated cases. A mesothelioma lawyer will conduct an assessment of your case at no cost to determine when, where and how you were exposed. This will assist you to file a claim. A mesothelioma lawyer can assist you in obtaining an insurance settlement or trust.