How an Asbestos Lawyer Can Help You Understand Your Claim Options

A knowledgeable New York asbestos lawyer can help victims understand their options regarding claims. A lawyer can determine the time and place that a person was exposed to asbestos and which companies may be liable.

A victim may bring a personal injury lawsuit, a wrongful-deaths lawsuit or an asbestos trust funds claim. Each option has its own requirements and the amount of money awarded.

Personal Injury Cases

Someone who has been injured due to asbestos exposure may file a lawsuit for compensation. Depending on the type of injury, a person may be able to claim damages for medical expenses, lost wages and pain and suffering. Families of the victim can also pursue a lawsuit for wrongful deaths to obtain financial assistance and closure following the loss of their loved ones to asbestos-related diseases such as mesothelioma.

A manufacturer or employer can be held accountable for an asbestos lawsuit if they violated its legal obligation to safeguard workers from harm. Employers' obligations could be violated by negligent hiring, training, maintenance and supervision. It can also be breached by selling or supplying a defective product that causes injury.

It is important to speak with an attorney as soon as possible after exposure to asbestos as the laws of each state set time limitations, also known as statutes of limitation, on the time a plaintiff must file a lawsuit. In mesothelioma cases the statute of limitations begins to run the moment the victim is diagnosed with mesothelioma or another asbestos disease.

The type of lawsuits a person can file will depend on where and how they were exposed to asbestos. A victim could be able to file a premises liability lawsuit when they were exposed to asbestos at work. For instance construction workers may be injured by asbestos in a power plant or on an Navy ship. Anyone who has been exposed to asbestos through secondhand means such as washing the clothes of a loved one may also make a personal injury claim.

Asbest exposure was the reason for many mesothelioma cases. Some of these cases have resulted in substantial settlements and jury awards. Class action lawsuits have also been filed against companies concerning how they handled or stored asbestos on their properties.

The amount of money you can receive from a mesothelioma suit is contingent on a number of factors, including your age when diagnosed, the prognosis and life expectation of your disease, the extent of your injuries as well as the amount of suffering and pain. Your lawyer and you should review your case details to determine the fair value of your mesothelioma lawsuit.

Product Liability Cases

Product liability law allows asbestos victims to sue manufacturers, distributors and retailers of dangerous products that caused their exposure. The defendants could also be held responsible for their negligence. It's not uncommon for more than one business due to the wide variety of exposure sources that they are held accountable in the case of asbestos.

Mesothelioma can be caused by asbestos exposure in the workplace, like in shipbuilding and construction. However many cases of mesothelioma and other asbestos-related ailments stem from non-occupational exposure too, for example, 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 are based on the legal concepts of strict responsibility and breach of warranty. Strict liability is one type of negligence. It means that a defendant is liable for injury if they fail to uphold the standard of care that a person in their position would have exercised in similar circumstances.

A breach of warranty is when a seller or manufacturer makes a claim regarding their product that results in injuries. For instance, if a manufacturer or seller declares that an asbestos product is safe to use and it turns out to be unreasonably 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 called apportionment, and state laws set the guidelines for how a jury or judge determines the liability of every defendant in a 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 mesothelioma suit filed by the decedent claimed that she was exposed to asbestos when she handled and laundered her husband's work clothing at Bethlehem Steel. The court ruled Bethlehem Steel was not required to warn Mrs. Wild about the risks of asbestos exposure from the clothing of her husband or his body.

Due to the long time frame associated with mesothelioma, it is important to keep track of all asbestos exposure, no matter if it is known or suspected. A mesothelioma lawyer can help people determine the best method to proceed.

Firefighter Cases

Firefighters may be more likely than the general population to suffer from asbestos-related diseases such as mesothelioma. Their job often involves the suppression of fires in buildings that were built using asbestos-containing materials. Even after a fire is extinguished, they may need to inspect the area for safety hazards and potential asbestos residue. This is especially true for firefighters who perform in-depth building inspections for commercial and industrial facilities.

When the World Trade Center collapsed on 9/11 many firefighters were exposed to toxic asbestos dust. The dust was massive metallic particles, burning plastic, and tons of asbestos fibers. This is why those who worked at ground zero are more likely to developing mesothelioma or other types of cancer.

Asbestos is a substance that can be breathed into the inner tissues of a firefighter, and remains there for years. This can lead to inflammation, irritation and scar tissue, which results in the development of a tumor. The tumor is referred to as mesothelioma. It is one of four types of asbestos-related cancer. Pleural mesothelioma is the most prevalent type of mesothelioma, which is found in the lining of the lungs called the pleura.

Firefighters also face the risk of lung cancer and other asbestos-related diseases. A lawyer with experience in asbestos-related illnesses can assist those who have been diagnosed. They could be eligible for benefits from workers' compensation or an asbestos lawsuit against the companies that are responsible for their exposure.

Levy Konigsberg has experience representing firefighters with mesothelioma and related diseases. Our firm is also skilled in pursuing lawsuits against insurance companies to ensure that our clients receive the full amount of damages our clients are entitled to.

A lot of states have passed presumptive coverage for cancer laws for firefighters. These laws remove the burden of proof from the firefighters with cancer and presume that their illness was caused by their occupational exposure to asbestos. This could make it easier to receive financial compensation and also help cover medical costs. We encourage anyone with an asbestos-related condition to contact a Mesothelioma Attorney to discuss their case. Contact us to schedule a free, confidential consultation.

Commercial Cases

If, for instance, someone who worked in an asbestos-containing structure is diagnosed with mesothelioma they may sue the owner. In these cases it is essential to prove that the asbestos exposure wasn't caused solely by occupational exposure, but also other factors. This could be a result of exposure to asbestos by a person who has the disease, or even from contaminated consumer goods such as talcum.

Workers can also bring lawsuits against asbestos manufacturers based on product liability law. These claims are usually backed by evidence proving that the asbestos products of the manufacturer were dangerous and unsafe. These lawsuits aren't only aimed at the compensation of asbestos lawyers victims, but also companies who ignored warnings and continued to place unsafe products on the market.

Asbestos-related lawsuits usually result in large payouts to plaintiffs and their families. For instance, those who are injured are entitled to compensation for past and future medical expenses as well as loss of normal living and earning capacity, and emotional anxiety. Spouses of victims of mesothelioma may also claim compensation for loss of consortium.

Some states' laws are more favorable for mesothelioma victims than others. For instance, the state of Illinois has a law which permits residents to sue asbestos companies for negligence and wrongful deaths. The lawyers of the state have won several multi-million-dollar settlements, and asbestos attorneys victims from other states have also received compensation.

Many of the asbestos manufacturers declared bankruptcy in the facing of a flood of lawsuits. 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 lawyers litigation is complex. The litigation process involves the filing of a lawsuit and gathering evidence such as medical records and interviewing former colleagues or family members, as well as doctors. It is crucial to choose an attorney for mesothelioma who has expertise in handling complicated cases. A mesothelioma lawyer will perform a case evaluation for free to determine the date, time, and the extent to which you were exposed. This will allow you to submit an insurance claim. A mesothelioma lawyer will assist you in applying for a trust or insurance settlement.