How an Asbestos Lawyer Can Help You Understand Your Claim Options

A knowledgeable New York asbestos lawyer can help victims understand their claim options. A lawyer can identify where and when someone was exposed to the asbestos and which companies could be liable.

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

Personal Injury Cases

A person who is injured due to asbestos exposure may sue for compensation. Based on the nature of injury, a person may seek damages for medical expenses, lost wages and pain and suffering. Families of the victim may also pursue a lawsuit for wrongful death to receive financial support and closure after losing their loved one to asbestos attorney-related illnesses such as mesothelioma.

A manufacturer or employer can be held accountable for an asbestos lawsuit if they violated its legal duty to protect workers from harm. A breach of an employer's duty may be the result of negligent hiring, training, or maintenance or supervision. It is also possible to violate the duty by selling or supplying a defective product that causes injury.

It is essential to speak with an attorney as soon as you can after an exposure to asbestos because the laws of each state set time limits, also known as statutes of limitations on the length of time a plaintiff must bring an action. In mesothelioma cases the statute of limitations begins to run when the victim is diagnosed with mesothelioma, or any other asbestos-related disease.

The kind of lawsuit an individual may file will depend on the circumstances and the place they were exposed. A victim may be the subject of a premises liability lawsuit if they were exposed to asbestos at work. Construction workers could be injured by asbestos in an energy plant or on an Navy vessel. Someone who was exposed to asbestos by secondhand means such as washing a loved one's clothes could also make a personal injury claim.

Many mesothelioma lawsuits have been filed against large corporations as they caused the exposure of the victim to asbestos. Some of these cases have resulted in significant jury awards and settlements. Class action lawsuits have been filed against businesses concerning how they handled asbestos or stored it on their premises.

The amount of compensation you can receive from a mesothelioma case is contingent on a variety of factors 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 as well as the amount of suffering and pain. Your lawyer and you should examine the details of your case to determine the fair value of your mesothelioma lawsuit.

Product Liability Cases

Product liability law allows asbestos victims to sue the manufacturers, distributors and retailers of hazardous products that caused their exposure. They can also be held accountable for negligence. In the case of asbestos, it's typical for more than one company to be held liable due to the variety of exposure sources.

Mesothelioma can be caused by asbestos exposure in the workplace, such as in shipbuilding and construction. However many cases of mesothelioma and other asbestos-related illnesses result from non-occupational exposures as well, such as 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 liability and breach of warranty. Strict liability is a type of negligence. It means that a defendant is responsible for a recurrence if they fail to uphold the standard of care that every other person in their position would have exercised under similar circumstances.

A breach of warranty occurs when a seller or manufacturer makes a claim regarding their product that results in injury. For example the case where the seller or manufacturer declares that their asbestos product is safe to use, and it is found to be unreasonable dangerous, the manufacturer or seller could be held accountable for the resultant injuries.

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

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 her about the potential dangers of asbestos exposure to the clothes and body of her husband.

Due to the lengthy latency period associated with mesothelioma, preserving an accurate record of any suspected or confirmed asbestos exposure is essential. A mesothelioma lawyer will help individuals decide on the best way to proceed.

Firefighter Cases

Firefighters are more likely develop asbestos attorney-related illnesses like mesothelioma, than the general population. They typically have to put out fires in buildings built with asbestos-containing materials. Even after a fire is extinguished, firefighters may have to examine the area for potential safety hazards and potential asbestos lawyers residue. This is true especially 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. The dust contained massive metal particles, burning plastic, and many tons of asbestos fibers. This is the reason that those who worked at ground zero have a higher risk of developing mesothelioma or other types of cancer.

Asbestos particles can be breathed into the inner tissues of firefighters and then remain there for a long time. This can cause irritation, inflammation, and scar tissue which leads to the formation of a tumor. This tumor is known as mesothelioma, and it is one of four types of asbestos attorney-related cancer. Pleural mesothelioma, the most common type of mesothelioma, which develops in the lining of the lungs known as the pleura.

Firefighters also face the risk of lung cancer and other asbestos-related diseases. If you have been diagnosed with an asbestos-related illness should speak with an experienced attorney regarding their situation. They may be eligible for workers' compensation benefits or an asbestos lawsuit against the company accountable for their exposure.

Levy Konigsberg is experienced in representing firefighters suffering from mesothelioma or other related illnesses. Our firm has also been successful in pursuing lawsuits against insurance companies to recover the total amount of damages our clients are entitled to.

Many states have passed presumptive coverage for cancer laws for firefighters. These laws eliminate the burden of proof from the firefighters who have cancer and assume that their illness was a result of their occupational exposure to asbestos. This could make it easier to obtain financial compensation and also help cover medical costs. We encourage anyone with an asbestos-related condition to contact an attorney for Mesothelioma to discuss their case. Contact us to schedule a free, confidential 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 instances it is crucial to prove that the asbestos exposure wasn't just caused by occupational exposure, but also other factors. This could include exposure from someone who has the disease, or through contamination of consumer products like talcum powder.

Workers may also bring lawsuits that are based on the law of product liability against asbestos manufacturers. These claims are often bolstered by evidence that shows the asbestos manufacturer's products were hazardous and unsafe. In addition to compensating asbestos victims, these lawsuits seek to punish companies that did not follow warning signs and continued placing dangerous products on the market.

Asbestos-related lawsuits usually result in huge payouts to plaintiffs and their families. For instance, people who have been injured are entitled to compensation for past and future medical costs and loss of their normal lifestyle, lost earning capacity, and emotional anxiety. Survivor spouses of victims of mesothelioma are also able to be able to sue for loss of consortium.

Certain states' laws are more favorable to mesothelioma patients than others. Illinois, for example, has a law that allows residents to sue companies involved in asbestos for negligence and the wrongful death of a victim. Its lawyers have secured a number multi-million dollar settlements, and asbestos attorneys victims from other states have also received compensation.

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 begins with the filing of a lawsuit, obtaining evidence, such as medical records and interviewing former family members, colleagues and doctors. It is crucial to work with an experienced mesothelioma lawyer that has handled complex cases. A mesothelioma lawyer will perform an assessment of your case free of charge to determine where, when and how you were exposed asbestos so that you can make a claim. A mesothelioma lawyer can assist you in obtaining a trust or insurance settlement.