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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 determine when and where someone was exposed to asbestos, and what companies may be liable.
A victim can file a personal injuries lawsuit, a wrongful deaths lawsuit or an asbestos trust fund claim. Each has its own requirements and the amount of money awarded.
Personal Injury Cases
A person who is injured due to asbestos exposure may file a lawsuit for compensation. A person could be able to claim damages for medical expenses, lost wages as well as pain and suffering depending on the type and severity of their injuries. The family members of the victim could also file a wrongful death lawsuit for financial support to cover funeral expenses and gain a sense of closure after losing a loved person to mesothelioma or an asbestos-related disease.
Employers or manufacturers can be held liable in an asbestos lawsuit, if they breached their legal duty to protect employees from harm. An employer's duty can be breached by negligent hiring training, maintenance, and supervision. A defective product that causes injuries can be sold or provided.
It is essential to speak with an attorney as soon as possible after an exposure to asbestos because state laws set time limitations, also known as statutes of limitations, on the time a plaintiff is required to bring an action. For mesothelioma, the statute of limitations starts to run once the victim is diagnosed with mesothelioma.
The type of lawsuits a person can file will depend on where and how they were exposed to asbestos. A victim may be the subject of a premises liability suit if they were exposed to asbestos at work. A construction worker could be injured by asbestos in the power plant or on the deck of a Navy vessel. Someone who was exposed to asbestos via secondhand methods such as washing the clothes of a loved one could also make a personal injury claim.
Many mesothelioma lawsuits have been filed against large corporations as they were responsible for the victim's exposure to asbestos. Some of these cases have resulted into significant settlements and jury awards. Companies have also been accused of class action lawsuits for how they handled asbestos on their premises.
The amount of money you could receive in a mesothelioma case is contingent on a variety of factors including the age at when you were diagnosed as well as your prognosis, life expectancy, your injuries and your pain and suffering. Your lawyer and you should look over the details of your case in order 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 hazardous products that caused their exposure. These defendants can also be held accountable for their negligence. In the case of asbestos, it's not uncommon for more than one company to be held liable due to the wide range of exposure sources.
Mesothelioma is caused by asbestos exposure in the workplace, such as in construction and shipbuilding. However, many cases of mesothelioma and other asbestos-related ailments stem from non-occupational exposure too, like living in homes built using asbestos materials, going to or working on areas that contain 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 form of negligence, which means that a defendant is liable for injury if they fail to meet the standard level of care that every other person in their position would have exercised under similar circumstances.
A breach of warranty occurs when a manufacturer or seller makes a claim regarding their product which causes injuries. For instance, if the seller or manufacturer claims an asbestos product to be safe to use but it turns out to be unreasonably dangerous the seller could be held responsible for the injuries.
You Tube is complicated by the fact that a lot of the companies responsible for asbestos exposure have either gone into bankruptcy or were acquired by other businesses. This is known as apportionment and state laws establish the rules for how a judge or jury determines the liability of each defendant in a particular case.
In the case of Mary Wild, v. Owens Illinois 705 A.2d. The Court of Appeals for the District of Columbia, 58 (Md. Ct. Spec. App. 1998) The decedent's mesothelioma lawsuit alleged that she was exposed to asbestos when she washed and handled husband's work clothes at Bethlehem Steel. The court declared that Bethlehem Steel did not owe Mrs. Wild a duty to warn about the foreseeable risks of asbestos exposure on the clothes and body of her husband.
Due to the lengthy latency period associated with mesothelioma maintaining a thorough record of any suspected or known asbestos exposure is essential. An experienced mesothelioma attorney can guide individuals on how to approach this issue.
Firefighter Cases
Firefighters are more likely develop asbestos-related illnesses like mesothelioma than other people. Their work typically involves extinguishing fires in older structures that were constructed using asbestos-containing materials. Even after a blaze has been put out, firefighters might still be required to check for asbestos-related residues and safety hazards. This is especially true for firefighters who conduct extensive inspections of industrial and commercial buildings.
When the World Trade Center towers collapsed on September 11, a lot of firefighters were exposed to toxic asbestos dust. The dust contained heavy metal particles, burning plastic, and numerous tons of asbestos fibers. This is why people who worked at ground zero are at a greater chance of developing mesothelioma and other cancers.
Asbestos can be inhaled into the inner tissues of a firefighter and remain there for years. This can cause inflammation, irritation and scar tissue that can lead to the formation of a tumor. The mesothelioma tumor is a type of cancer and is one of the four types of cancer related to asbestos. The most frequent mesothelioma form is found in the lining of the lungs, referred to 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 condition should consult an experienced attorney about their situation. They could be eligible for workers' compensation benefits, or they could bring a lawsuit against the companies responsible for their asbestos exposure.
Levy Konigsberg has experience representing firefighters suffering from mesothelioma or related diseases. Our firm has also been involved in lawsuits against insurance companies to recover the total amount of damages our clients are entitled to.
Many states have passed presumptive insurance laws for firefighters. These laws take the burden of proof for firefighters with cancer and presume that their condition was the result of their work exposure to asbestos. This makes it easier to get financial compensation and also aid in the payment of medical expenses. We urge anyone suffering from an asbestos-related disease to contact an attorney for Mesothelioma to discuss their case. Contact us today to arrange an initial, free, confidential consultation.
Commercial Cases
If, for instance an employee who worked in an asbestos-containing building is diagnosed with mesothelioma they can sue the owner. In these instances it is crucial to prove the asbestos exposure wasn't just caused by occupational exposure, but also from other factors. This could be from secondhand exposure by someone with the disease, or even from contaminated consumer products like talcum.
Workers may also bring lawsuits that are based on the law of product liability against asbestos producers. These claims are usually supported by evidence that asbestos manufacturer's product was dangerous and defective. These lawsuits are not only focused on compensating asbestos victims but also companies that did not follow the warnings and place unsafe products on the market.
Asbestos-related lawsuits usually result in large settlements for plaintiffs and their families. People who have suffered injuries may receive compensation for past and upcoming medical costs, loss in normal life, loss of earning potential, as well as emotional distress. Spouses of victims of mesothelioma may also be able to sue for loss of consortium.
Certain state laws are more favorable to mesothelioma patients than other. For instance the state of Illinois has a statute that allows residents to sue asbestos companies for negligence and wrongful death. Its lawyers have won several multi-million-dollar verdicts, and asbestos victims from other states have also been compensated.
Many of the asbestos manufacturers have filed for bankruptcy in face of a plethora of lawsuits. The bankruptcy process made it easier for plaintiffs to get compensation since the companies would not have to defend themselves in public trials.
Nonetheless, asbestos litigation is complex. The litigation process begins with the filing of a lawsuit, collecting evidence, such as medical records and interviewing former colleagues, family members, and doctors. It is crucial to work with an experienced mesothelioma lawyer who has dealt with complicated cases. A mesothelioma attorney will conduct an evaluation of your case for free to determine the date, time, and how you were exposed. This will assist you to make a claim. A mesothelioma lawyer with experience will also assist you in filing for an insurance or trust fund settlement.