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How an Asbestos Lawyer Can Help You Understand Your Claim Options
A skilled New York asbestos lawyer can assist victims in understanding their options regarding claims. A lawyer can determine when and where someone was exposed to asbestos and what companies may be liable.
A victim can bring a personal injury lawsuit, a wrongful-deaths lawsuit or an asbestos trust funds claim. Each type of claim has different requirements and results in different payouts.
Personal Injury Cases
A person who is injured by asbestos exposure can bring a lawsuit to recover compensation. The plaintiff may 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 victim's family members may also file a wrongful-death lawsuit to receive financial assistance to pay funeral costs and also gain a sense closure after losing a loved one to mesothelioma or another asbestos-related illness.
Employers or manufacturers could be held accountable for an asbestos lawsuit in the event that they violated their legal duty to protect employees from harm. The duty of an employer is breached when they fail in hiring training, maintenance, and supervision. It could also be violated by selling or the supply of a defective product which results in injury.
It is essential to speak with an attorney as soon after exposure to asbestos as possible. 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 begins to run when the victim is diagnosed with mesothelioma.
The kind of lawsuit an individual can file will depend on the manner and location they were exposed. If asbestos was present at work, a victim may be able to file a premises liability lawsuit. A construction worker may be injured by asbestos in an energy plant or on a Navy vessel. A person who was exposed to asbestos via secondhand methods such as washing a loved one's clothes may also file a personal injury lawsuit.
Many mesothelioma lawsuits have been brought against large corporations due to the fact that they were responsible for the victim's exposure to asbestos. Some of these cases have resulted in substantial jury awards and settlements. Class action lawsuits have also been filed against companies regarding how they handled asbestos or stored on their premises.
The amount you could receive from a mesothelioma suit is contingent on a number of factors such as your age at the time you were diagnosed, the prognosis and life expectation of your condition as well as the severity of your injuries as well as the extent of pain and suffering. Your attorney and you must look over the details of your case to determine the fair amount for your mesothelioma claim.
Product Liability Cases
The law on product liability permits asbestos-related victims to sue distributors, manufacturers and retailers who sold asbestos-related products that led to their exposure. The defendants could also be held responsible for their negligence. It is not uncommon for more than one company due to the diversity of exposure sources that they are held accountable in the event of asbestos.
Mesothelioma can be caused by asbestos exposure in the workplace, for example in shipbuilding and construction. Many cases of mesothelioma and other asbestos-related illnesses, are caused by non-occupational exposure, for example, working or living in homes that are constructed using asbestos-containing 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 is one type of negligence, which means that a defendant is accountable for injury if they fail to adhere to the standard level of care that any other person in their position would exercise under similar circumstances.
A breach of warranty occurs when a manufacturer or seller makes a claim regarding their product that causes injuries. For example when the seller or manufacturer declares that the asbestos product is safe to use, and it turns out to be unreasonably hazardous, the seller could be held liable for the results of injuries.
Asbestos litigation can be complicated due to the fact that many of the companies responsible for asbestos exposure have either gone bankrupt or have been bought by other businesses. This is called apportionment, and state laws define the rules that govern the way a judge or jury 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. App. The court ruled that Bethlehem Steel was not required to warn Mrs. Wild about the risks of asbestos exposure from her husband's clothing or body.
Because of the long latency period associated with mesothelioma keeping a complete record of any known or suspected asbestos exposure is essential. A mesothelioma lawyer can help individuals decide on the best way to proceed.
Firefighter Cases
Firefighters may be more likely than the general population to develop asbestos-related diseases like mesothelioma. Their work typically involves extinguishing fires in structures that were constructed using 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 relevant for firefighters who conduct extensive 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 contained heavy metallic particles, burning plastic, and tons of asbestos fibers. This is the reason why people who worked at ground zero have a higher risk of developing mesothelioma and other cancers.
Asbestos particles can get into the inner tissues of firefighters and become lodged there for years. This can cause irritation, inflammation and scar tissue that can lead to the development of a tumor. This tumor is called mesothelioma and is one of the four types of cancer that are related to asbestos. The most common mesothelioma form is found in the lining that lines the lungs, referred to as the pleura.
In addition to mesothelioma, firefighters are also at risk for lung cancer and other asbestos-related diseases. An attorney with experience in asbestos-related illnesses can assist those who have been diagnosed. They may be entitled to workers compensation benefits, or they can sue the companies responsible for their asbestos exposure.
Levy Konigsberg is experienced in representing firefighters suffering from mesothelioma and other related illnesses. Our firm has also been involved in lawsuits against insurance companies for the full amount of damages our clients deserve.
A lot of states have passed presumptive coverage for cancer laws for firefighters. YouTube take the burden on firefighters who have cancer, and presume that their illness is caused by their occupational asbestos exposure. This can make it easier for those suffering from cancer to receive financial compensation as well as help pay medical expenses. We urge anyone suffering from an asbestos-related disease to contact an attorney who specializes in Mesothelioma to discuss their case. Contact us for a confidential, no-cost consultation.
Commercial Cases
For example If an employee of an asbestos-containing structure is diagnosed with mesothelioma, they could sue the building owner. In these cases, it's crucial to prove that the exposure to asbestos wasn't just caused by occupational exposure, but also due to other factors. This could include exposure from someone who has the disease or from the use of contaminated consumer products, such as talcum powder.
Workers can also make claims against asbestos manufacturers according to the law of product liability. These claims are usually backed by evidence that shows the asbestos manufacturer's product was dangerous and defective. In addition to compensating asbestos victims, these lawsuits seek to punish companies that ignored warnings and continued putting unsafe products on the market.
Asbestos lawsuits typically result in substantial settlements for plaintiffs and their families. Injured people can receive compensation for their past and future medical costs, loss in normal life, lost earnings potential, and emotional distress. Additionally, the spouses of survivors of mesothelioma sufferers may claim compensation for loss of consortium.
Some states' laws are more favorable to mesothelioma patients than other states' laws. Illinois is one of them. Illinois has a law that permits residents to sue asbestos-related companies for negligence and the wrongful death of a victim. Its lawyers have obtained several multimillion-dollar verdicts, and asbestos victims in other states have also received compensation as well.
Many asbestos producers declared bankruptcy in the facing of a flood of lawsuits. The bankruptcy process allowed for greater compensation for plaintiffs since the companies did not need to defend their case in the public eye.
Nonetheless, asbestos litigation is complex. The litigation process begins with the filing of a lawsuit, gathering evidence, such as medical records and obtaining interviews with former colleagues, family members and doctors. It is important to choose a seasoned mesothelioma lawyer who has dealt with complex cases. A mesothelioma lawyer will perform an assessment of your case free of charge to determine when, where and how you were exposed to asbestos in order to make an claim. A knowledgeable mesothelioma lawyer can also assist you in filing for an insurance or trust fund settlement.