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How an Asbestos Lawyer Can Help You Understand Your Claim Options
A New York asbestos lawyer who has experience can help victims know their options. A lawyer can determine what happened to the person who was exposed to the asbestos and the companies that could be liable.
A victim can make a personal injury lawsuit, a wrongful deaths lawsuit or an asbestos trust fund claim. Each has its own set of requirements and award.
Personal Injury Cases
Anyone who has been injured due to asbestos exposure may file a lawsuit for compensation. Based on the nature of injury, a person may seek damages for medical expenses and lost wages as well as suffering and pain. The family members of the victim could also file a wrongful-death lawsuit for financial support to cover funeral expenses and also gain a sense closure following the loss of a beloved person to mesothelioma or an asbestos-related illness.
An employer or manufacturer can be held liable in an
asbestos lawsuit
, in the event that they violated their legal duty to protect employees from danger. The duty of an employer can be breached by negligent hiring, training, maintenance and supervision. A defective product that can cause injuries may be sold or provided.
It is crucial to consult an attorney as soon after exposure to asbestos as you can. State laws have time limits (known as statutes or limitations) on the length of time plaintiffs are required to file a suit. For mesothelioma, the statute of limitations begins to run when the patient is diagnosed with mesothelioma.
The kind of lawsuit one can file depend on the manner and location they were exposed. A victim may be the subject of a premises liability claim when they were exposed to asbestos while at work. Construction workers could be injured by asbestos at a power station or on a Navy vessel. A person who was exposed to asbestos by secondhand means such as washing clothes for a loved one may also file a personal injury lawsuit.
Asbest exposure was the basis for many mesothelioma cases. Certain of these cases have resulted into significant jury awards and settlements. Class action lawsuits have been filed against businesses regarding the way they handled asbestos or stored on their properties.
The amount you can receive from a mesothelioma lawsuit depends on a variety of variables that include your age at the time of being diagnosed, the prognosis and life duration of your condition and the severity of your injuries and the extent of pain and suffering. Your lawyer and you must examine the details of your case to determine the fair value of your mesothelioma case.
Product Liability Cases
The product liability law allows asbestos-related victims to sue distributors, manufacturers and retailers who sold dangerous products which led to their exposure. They can also be held accountable for their negligence. In the case of asbestos, it's not uncommon for multiple companies to be held accountable due to the variety of exposure sources.
Mesothelioma sufferers are exposed to asbestos on the job in occupational settings such as construction and shipbuilding. A large number of cases of mesothelioma and other asbestos-related illnesses are the result of non-occupational exposures, like living or working in homes built with asbestos materials or handling products containing asbestos that are manufactured by third parties.
The legal concepts of strict liability and breach of warranty are crucial to mesothelioma lawsuits. Strict liability, which is a form of negligence, means that the defendant is liable for any injury they suffer if they fail to take the same amount of care that other people do in similar circumstances.
A breach of warranty occurs when a seller or manufacturer claims to be able to provide a product that causes injuries. For instance when a manufacturer or seller claims 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 results of injuries.
Asbestos litigation can be complicated by the fact many of the asbestos-exposed businesses have gone under or were purchased by other companies. This is known as apportionment and state laws establish the rules that govern how a jury or judge determines the liability of 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. 1998), the decedent's mesothelioma lawsuit alleged that she was exposed to asbestos when she handled and laundered her husband's work clothes at Bethlehem Steel. 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 lengthy latency associated with mesothelioma it is essential to keep track of all asbestos exposure, regardless of whether it is known or suspected. An experienced mesothelioma lawyer will guide individuals on how to approach this task.
Firefighter Cases
Firefighters could be more susceptible than the general population to contract asbestos-related illnesses like mesothelioma. They often have to put out fires in buildings constructed using asbestos-containing materials. Even after a fire has been extinguished they may still need to inspect for asbestos residue and safety risks. This is particularly applicable to firefighters who conduct in-depth building inspections for commercial and industrial buildings.
When the World Trade Center towers collapsed on September 11, many firefighters were exposed to toxic asbestos dust. This dust was contaminated with massive metal particles, burning plastic, and many 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 be breathed into a firefighter's inner tissues and become lodged there for decades. This can lead to inflammation, irritation, and scar tissue which results in the development of a tumor. This tumor is called mesothelioma and is one of the four types of cancer related to asbestos. The most frequent form of mesothelioma occurs in the lining of the lungs, called the Pleura.
In addition to mesothelioma, firefighters are also at risk for lung cancer and other asbestos-related illnesses. Those who have been diagnosed with an asbestos-related illness should talk to an experienced lawyer regarding their situation. They may be entitled to workers compensation benefits, or they could sue the companies that caused their exposure to asbestos.
Levy Konigsberg is experienced in representing firefighters suffering from mesothelioma and other related illnesses. Our firm is also experienced in pursuing litigation against insurance companies to get the full amount of damages that our clients are entitled to.
Many states have passed presumptive cancer coverage laws for firefighters. These laws relieve the burden on firefighters suffering from cancer and assume that their illness is caused by
asbestos attorneys
exposure in their work. This could make it easier to obtain financial compensation, and help cover medical costs. We recommend anyone suffering from an asbestos-related disease to contact an attorney who specializes in Mesothelioma to discuss their case. Contact us for a free, confidential consultation.
Commercial Cases
For example, if someone who worked in an asbestos-containing structure is diagnosed with mesothelioma, they could sue the property 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 with the disease or by contaminated consumer products such as talcum powder.
Workers can also bring lawsuits that are based on the law of product liability against asbestos producers. These claims are usually supported by evidence that the asbestos manufacturer's product was dangerous and defective. In addition to remuneration for asbestos victims the lawsuits also seek to penalize companies who ignored warning signs and kept placing dangerous products on the market.
asbestos attorneys
lawsuits often result in huge settlements for plaintiffs and their families. People who have suffered injuries may receive compensation for their past and future medical costs, loss in normal life, lost earning potential, and emotional distress. 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 plaintiffs than others. Illinois for instance, has a law that allows residents to sue companies involved in
asbestos attorneys
for negligence and negligent deaths. Its lawyers have secured many multi-million dollar settlements, and asbestos victims from other states have also been compensated.
Thousands of
asbestos lawsuits
led to bankruptcy for many asbestos manufacturers. The bankruptcy process made it easier for plaintiffs to receive compensation since 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 complaint, gathering evidence such as medical records and interviews with former co-workers or family members, as well as doctors. It is crucial to work with an experienced mesothelioma lawyer who has dealt with complicated cases. A mesothelioma lawyer will conduct an evaluation of your case for free to determine when, where and the extent to which you were exposed. This will assist you to file an insurance claim. A mesothelioma lawyer with experience will also assist you in filing for an insurance or trust fund settlement.
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