How an Asbestos Lawyer Can Help You Understand Your Claim Options
A New York asbestos lawyer who is experienced can help victims to understand their options. A lawyer can help determine when and where 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 type of claim has different requirements and result in different award.
Personal Injury Cases
A person who is injured by asbestos exposure may pursue a personal injury suit to recover compensation. A person may be able to claim damages for medical expenses, lost wages, and pain and suffering according to the nature and severity of their injuries. The family members of the victim could also file a wrongful-death lawsuit to receive financial assistance to cover funeral expenses and gain a sense of closure following the loss of a beloved one to mesothelioma, or another asbestos-related illness.
A manufacturer or employer can be held accountable for an asbestos lawsuit if it breached its legal obligation to safeguard workers from injury. Employers' obligations can be breached by negligent hiring training, maintenance, and supervision. It could also be violated by selling or the supply of a defective product which can cause injury.
It is important to consult with an attorney as soon as is possible after an exposure to asbestos as state laws establish time limitations, also known as statutes of limitation, on the time a plaintiff has to file an action. In mesothelioma cases, the statute of limitations starts to run when the victim is diagnosed with mesothelioma, or any other asbestos-related diseases.
The kinds of lawsuits an individual may pursue will depend on the location and how they were exposed to asbestos. If asbestos was present at work, the victim may be able to file a premises liability lawsuit. A construction worker may be injured by asbestos in a power station or on a Navy vessel. Anyone who has been exposed by second-hand exposure to asbestos lawyers, such as when washing the clothes of a beloved one, may also file a lawsuit for personal injury.
Many mesothelioma lawsuits have been filed against large corporations as they were the ones responsible for the exposure of the victim to asbestos. Some of these cases resulted in substantial jury awards and settlements. Class action lawsuits have been filed against businesses regarding how they dealt with asbestos or stored it on their property.
The amount of money you could receive from a mesothelioma case is contingent on a number of factors, including your age when diagnosed and the prognosis as well as life expectation of your condition as well as the severity of your injuries and the amount of suffering and pain. Your attorney and you should examine the specifics of your case to determine the fair value for your mesothelioma suit.
Product Liability Cases
The law on product liability permits asbestos-related victims to sue distributors, manufacturers and retailers who sold hazardous products that led to their exposure. These defendants may also be held accountable for negligence. It is not uncommon for more than one business due to the diversity of exposure sources and exposure sources, to be held accountable for asbestos-related injuries.
Mesothelioma sufferers are exposed to asbestos during work in work environments such as construction and shipbuilding. However mesothelioma cases in a majority of cases and other asbestos-related illnesses result from non-occupational exposures too, like living in homes constructed with asbestos materials, visiting or working on sites containing asbestos or handling asbestos-containing products that are sold by third-party sellers.
Mesothelioma cases rely on the legal concepts of strict responsibility and breach of warranty. Strict liability, which is a type of negligence, implies that the defendant is liable for any injury they suffer if they fail to exercise the same level of care that other people do in similar situations.
A breach of warranty is when a seller or manufacturer makes a claim about their product that results in injuries. For instance when the seller or manufacturer states that an asbestos product is safe to use and it proves to be excessively dangerous, the manufacturer or seller could be held accountable for the resulting injuries.
Asbestos litigation can be complicated due to the fact that a lot of asbestos-exposed companies have been bankrupt or were acquired by other companies. This is known as apportionment. State laws dictate how a judge will assign liability to each defendant.
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 cleaned 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 from her husband's clothing or body.
Due to the lengthy latency associated with mesothelioma it is crucial to keep track of every asbestos exposure, no matter if it is known or suspected. A mesothelioma lawyer can assist individuals decide on the best way to proceed.
Firefighter Cases
Firefighters are more likely than the general population to suffer from asbestos-related diseases such as mesothelioma. Their job often involves putting out fires in older buildings that were built using asbestos attorney-containing materials. Even after a fire has been extinguished, firefighters may have to examine the area for potential safety hazards and asbestos-related residues that could be present. This is particularly true for firefighters who conduct thorough inspections of commercial and industrial buildings.
When the World Trade Center towers collapsed on September 11, many 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 served at ground zero are at a higher risk for developing mesothelioma and other cancers.
Asbestos particles can get into a firefighter's inner tissues and remain there for decades. This can cause irritation, inflammation and scar tissue, which can lead to the development of an enlargement of. The tumor is known as mesothelioma and is one of the four types of asbestos-related cancers. The most prevalent mesothelioma form is found in the lining of the lungs, referred to as the pleura.
In addition to mesothelioma, firefighters are at risk of developing lung cancer and other asbestos lawyers-related diseases. A lawyer with experience in asbestos-related illnesses can help those who have been diagnosed. They could be qualified for workers' compensation benefits or an asbestos lawsuit against companies accountable for their exposure.
Levy Konigsberg is experienced in representing firefighters who have mesothelioma or any other related illness. Our firm is also experienced in pursuing lawsuits against insurance companies to recover the full amount of damages our clients deserve.
A lot of states have passed presumptive cancer coverage laws for firefighters. These laws remove the burden of proof from the firefighters who have 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 with medical expenses. We encourage those with an asbestos-related illness to contact a mesothelioma attorney to discuss their case. Contact us for a confidential, free consultation.
Commercial Cases
If, for instance someone who was employed in an asbestos-containing facility is diagnosed with mesothelioma they may sue the owner. In these types of instances, it is essential to demonstrate that the asbestos exposure was not solely caused by occupational exposure but as well by other causes. This could be from exposure from a second-hand source, such as a person suffering from the disease, or even from contaminated consumer goods such as talcum.
Workers can also bring lawsuits in accordance with the laws on product liability against asbestos producers. These claims are usually backed by evidence that shows the asbestos manufacturer's products were dangerous and faulty. These lawsuits aren't just aimed at the compensation of asbestos victims, but also companies who ignored warnings and continued to place 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 future and past medical costs as well as loss of normal living as well as lost earning capacity and emotional anxiety. Spouses of victims of mesothelioma can also sue for loss in consortium.
Certain states have laws that are more favorable to mesothelioma plaintiffs than other states' laws. For instance the state of Illinois has a law which permits residents to sue asbestos companies for negligence and wrongful deaths. Its lawyers have secured several multi-million-dollar verdicts and asbestos victims from other states have also been compensated.
Thousands of asbestos lawsuits led to bankruptcy for a number of asbestos manufacturers. The bankruptcy process made it easier for plaintiffs to get compensation since the companies were not required 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 and interviewing former colleagues, family members and doctors. It is important to choose a seasoned mesothelioma lawyer that has handled complicated cases. A mesothelioma lawyer will conduct a case evaluation for free to determine when, where and how you were exposed. This will assist you to make a claim. A mesothelioma lawyer with experience can also help you file for a trust fund or insurance settlement.