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 identify what happened to the person who was exposed to asbestos and which companies could be responsible.
A victim may file a personal injuries lawsuit, a wrongful death lawsuit or an asbestos trust fund claim. Each has its own rules and the amount of money awarded.
Personal Injury Cases
Anyone who has been injured as a result of asbestos exposure could file a lawsuit for compensation. The plaintiff may be entitled to damages for medical expenses, lost wages as well as pain and suffering depending on the type and severity of their injuries. Family members of the victim may also file a wrongful-death lawsuit to receive financial assistance to pay funeral costs and to gain a sense of closure following the loss of a beloved one to mesothelioma or another asbestos-related illness.
An employer or manufacturer can be held liable in an asbestos lawsuit, if they breached their legal obligation to protect employees from injury. A breach of an employer's duty could be due to negligent hiring, training, or maintenance or supervision. A defective product that causes injuries may also be sold or supplied.
It is crucial to consult an attorney as soon following exposure to asbestos lawyers as you can. State laws have time limitations (known as statutes or limitations) on how long plaintiffs are required to file a suit. In mesothelioma, the statute of limitations starts to run when the victim is diagnosed as having mesothelioma.
The kind of lawsuit an individual may file will depend on the manner and location they were exposed. A victim may have a premises liability suit in the event that they were exposed asbestos at work. A construction worker could be injured by asbestos in a power station or on the deck of a Navy vessel. Anyone who has been exposed to asbestos via secondhand methods such as washing the clothes of a loved one can also file a personal injury lawsuit.
Asbestos exposure is the main basis for many mesothelioma cases. Certain of these cases resulted in large settlements and jury awards. Companies have also been accused of being sued in class action lawsuits over the way they handled asbestos on their premises.
The amount you can receive from a mesothelioma lawsuit depends on a number of factors that include your age at the time of being diagnosed and the prognosis as well as life expectation of your condition and the severity of your injuries, and the extent of suffering and pain. You and your lawyer should examine the details of your case 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 dangerous products which caused their exposure. These defendants can also be held responsible for negligence. In the case of asbestos, it's common for more than one company to be held liable due to the wide range of potential exposure sources.
Mesothelioma patients are exposed to asbestos on the job in workplaces like shipbuilding and construction. However many cases of mesothelioma and other asbestos-related ailments stem from non-occupational exposure as well, such as living in homes constructed using asbestos materials, going to or working on sites that contain asbestos, or handling asbestos-containing products sold by third parties.
The legal concepts of strict liability and breach of warranty are key to mesothelioma lawsuits. Strict liability, which is a form of negligence, implies that the defendant is accountable for any injury if they fail to apply the same level of care as other individuals in similar circumstances.
A breach of warranty is when a manufacturer or seller makes a claim about their product that results in injury. For example when a manufacturer or seller declares that their asbestos product is safe to use and it turns out to be unreasonably dangerous, the supplier may be held responsible for resulting injuries.
Asbestos litigation can be complicated due to the fact that many of the asbestos lawyer-exposed companies have been bankrupt or were purchased by other companies. This is known as apportionment. State laws dictate how a judge will assign 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 declared that Bethlehem Steel did not owe Mrs. Wild a duty to warn about the foreseeable risks of asbestos lawyer exposure on her husband's clothing and body.
Because of the long mesothelioma's latency time keeping a complete record of any suspected or known asbestos exposure is crucial. An experienced mesothelioma attorney can guide individuals on how to approach this task.
Firefighter Cases
Firefighters are more likely to develop asbestos-related illnesses like mesothelioma than the general public. They typically have to deal with fires in buildings built with asbestos-containing materials. Even after a blaze has been extinguished they might still be required to check for asbestos residue and safety hazards. This is particularly true for firefighters who conduct thorough inspections of industrial and commercial buildings.
When the World Trade Center towers collapsed on September 11, many firefighters were exposed to toxic asbestos dust. The dust was heavy metallic particles, burning plastic, and numerous asbestos fibers. This is why those who worked at ground zero are at a higher risk of developing mesothelioma or other cancers.
Asbestos can enter the inner tissues of a firefighter's body and linger there for a long time. This can lead to irritation, inflammation, and scar tissue which can lead to the development of a tumour. The tumor is referred to as mesothelioma. It is one of the four types of asbestos-related cancer. Pleural mesothelioma is by far the most common mesothelioma that forms in the lining of the lungs called the pleura.
Firefighters are also at risk of developing lung cancer and other asbestos related illnesses. A lawyer who has experience with asbestos-related diseases can assist those who have been diagnosed. They could be eligible for workers' compensation benefits or an asbestos lawsuit against the companies accountable for their exposure.
Levy Konigsberg is experienced in representing firefighters who have mesothelioma or other related illnesses. Our firm has also been involved in lawsuits against insurance companies to recover 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 firefighters who have cancer and assume that their illness was caused by their occupational exposure to asbestos. This can make it easier to get financial compensation and also help with medical expenses. We advise those suffering from an asbestos-related disease to speak with an attorney for mesothelioma to discuss their case. Contact us for a confidential, free consultation.
Commercial Cases
For instance, if a person who worked on an asbestos-containing building is diagnosed with mesothelioma, they could sue the building owner. In these instances, it is important to prove the asbestos exposure wasn't caused solely by occupational exposure, but also other factors. This could be a result of exposure from a second-hand source, such as a person suffering from the disease, or even from contaminated consumer products like 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 unsafe. In addition to remuneration for asbestos attorneys victims These lawsuits aim to penalize companies who ignored warning signs and kept making unsafe products available on the market.
Asbestos lawsuits can result large payouts to plaintiffs and their families. People who have suffered injuries may receive compensation for the past and upcoming medical expenses, loss of regular life, loss of earning potential, and emotional stress. Additionally, the spouses of survivors of mesothelioma victims may be able to sue for loss of consortium.
Some states' laws are more favorable to mesothelioma sufferers than other. For instance, the state of Illinois has a statute that permits residents to sue asbestos companies for negligence and wrongful death. Its lawyers have obtained several multimillion-dollar verdicts, and asbestos victims in other states have also received compensation as well.
Thousands of asbestos lawsuits resulted in bankruptcy for many asbestos producers. The bankruptcy process allowed for easier compensation for plaintiffs, since the companies didn't need to defend their case in public.
Nonetheless, asbestos litigation is complex. The litigation process begins with the filing of a lawsuit, obtaining evidence like medical records, and interviewing former family members, colleagues, and doctors. It's important to choose a mesothelioma attorney who has the experience of handling cases that are complex. A mesothelioma lawyer can conduct a free case evaluation to determine when, where and how you were exposed to asbestos so that you can file a claim. A mesothelioma lawyer with experience can also assist you in filing for a trust fund or insurance settlement.