How an Asbestos Lawyer Can Help You Understand Your Claim Options

A New York asbestos lawyer who has experience can help victims determine their options. A lawyer can determine when and where a person was exposed to asbestos and what businesses could be accountable.

A victim may file a personal injury lawsuit or wrongful death suit or an asbestos trust fund claim. Each option has different requirements and results in different award.

Personal Injury Cases

Anyone who has been injured due to asbestos exposure may bring a lawsuit to recover compensation. Depending on the nature of injury, the victim may be able to claim damages for medical expenses as well as lost wages, 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 loved person to mesothelioma or an asbestos-related illness.

A manufacturer or employer could be held liable in an asbestos lawsuit if it violated its legal obligation to safeguard workers from harm. A breach of an employer's duty could be due to negligence in hiring, training, or maintenance, or oversight. It could also be violated by selling or supplying a defective product that can cause injury.

It is important to speak with an attorney as soon as possible 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 is required to file a lawsuit. In mesothelioma, the statute of limitation begins to run when the victim is diagnosed with mesothelioma.

The type of lawsuits an individual may file will depend on where and how they were exposed to asbestos. A victim may have a premises liability suit in the event that they were exposed asbestos at work. A construction worker may be injured by asbestos at the power plant or on a Navy vessel. A person who was exposed to asbestos by indirect means like washing clothes for a loved one can also make a personal injury claim.

Asbestos exposure is the main cause of many mesothelioma cases. Some of these cases resulted in significant settlements and jury awards. Class action lawsuits have also been filed against companies in relation to the way they handled asbestos or stored it on their property.

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, the prognosis and life expectation of your disease as well as the severity of your injuries and the extent of pain and suffering. You and your attorney should look over the details of your case to determine the reasonable amount for your mesothelioma claim.

Product Liability Cases

The law of product liability permits asbestos victims to sue the manufacturers, distributors and retailers of hazardous products that led to their exposure. The defendants could also be held responsible for 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 patients are exposed to asbestos on the job in work environments like 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 that are constructed with asbestos-containing materials, visiting 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 liability and breach of warranty. Strict liability is one type of negligence, which means that a defendant is responsible for an injury when they fail to adhere to the standard of care that a person in their position would exercise in similar circumstances.

A breach of warranty occurs when a manufacturer or seller claims to be able to provide a product that causes injury. If, for instance, an advertiser or seller declares an asbestos product to be safe for use, but it proves to be dangerous in a way that is unreasonable, the supplier could be held accountable for injuries.

Asbestos litigation is complicated by the fact that a lot of the companies that are responsible for asbestos exposure have gone into bankruptcy or were acquired by other businesses. This is called the apportionment. State laws determine the way a judge assigns responsibility to each defendant.

In the case of Mary Wild, v. Owens Illinois 705 A.2d. 58 (Md. Ct. Spec. App. 1998) The mesothelioma case of the deceased claimed that she was exposed to asbestos when she washed and handled her husband's work clothes at Bethlehem Steel. The court ruled Bethlehem Steel was not required to warn Mrs. Wild about the risks of asbestos attorney exposure from the clothing of her husband or his body.

Because of the long mesothelioma's latency time keeping a complete record of any known or suspected asbestos exposure is essential. A mesothelioma lawyer can help people determine the best method to proceed.

Firefighter Cases

Firefighters are more likely than the general population to develop asbestos-related diseases such as mesothelioma. They are often required to deal with fires in buildings built with asbestos-containing materials. Even after a fire has been extinguished they might still be required to check for asbestos residue and safety risks. This is true especially for firefighters who conduct extensive 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 heavy metal particles, burning plastic, and countless tons of asbestos lawsuit fibers. This is why those who worked at ground zero are at a higher risk for developing mesothelioma and other cancers.

Asbestos can enter the tissues of the firefighter's body and linger there for many years. This can lead to irritation, inflammation and scar tissue that can lead to the development of a tumor. This type of tumor is known as mesothelioma and is one of the four types of cancer related to asbestos. Pleural mesothelioma is by far the most common mesothelioma type, which forms in the lung's lining known as the pleura.

Firefighters are also at risk of developing lung cancer and other asbestos related illnesses. Those who have been diagnosed with an asbestos-related condition should speak with an experienced attorney regarding their situation. They could be eligible for workers' compensation benefits, or could sue the companies responsible for their asbestos exposure.

Levy Konigsberg has experience representing firefighters suffering from mesothelioma or related diseases. Our firm has also been successful in pursuing lawsuits against insurance companies to get the full amount of damages our clients are entitled to.

Many states have passed presumptive coverage laws for firefighters. These laws take the burden from the firefighters with cancer and assume that their illness is due to asbestos exposure in their work. This can make it easier for firefighters to receive financial compensation as well as help to pay medical expenses. We encourage those with an asbestos-related condition to speak with mesothelioma lawyers to discuss their case. Contact us for a confidential, free consultation.

Commercial Cases

For instance If someone who worked in an asbestos-containing building is diagnosed with mesothelioma, they may sue the property owner. In these types of cases, it's important to demonstrate that the exposure to asbestos lawyers wasn't just caused by occupational exposure, but as well by other causes. This could be a result of exposure from a second-hand source, such as a person suffering from the disease, or contaminated consumer products such as talcum.

Workers may also make claims in accordance with the laws on product liability against asbestos manufacturers. These claims are often bolstered by evidence that shows the asbestos products of the manufacturer were dangerous and defective. These lawsuits aren't just focused on compensating asbestos victims but also companies that did not follow the warnings and place unsafe products on the marketplace.

Asbestos lawsuits often result in large payouts to plaintiffs and their families. For example, injured people are entitled to compensation for past and future medical expenses as well as loss of normal living, lost earning capacity, and emotional distress. Survivor spouses of victims of mesothelioma may also be able to sue for loss of consortium.

Some state 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. Its lawyers have won a number multi-million dollar settlements, and asbestos victims from other states have also received compensation.

Thousands of asbestos lawsuits led to bankruptcy for many asbestos manufacturers. The bankruptcy process allowed easier compensation for plaintiffs, since the companies didn't have to defend their cases in the public eye.

Nonetheless, asbestos litigation is complex. The process of litigation involves the filing of a complaint and gathering evidence such as medical records and interviews with former co-workers or family members, as well as doctors. It is essential to work with mesothelioma lawyers who have expertise in handling complicated cases. A mesothelioma lawyer will conduct an evaluation of your case for free to determine the date, time, and the extent to which you were exposed. This will allow you to file a claim. A knowledgeable mesothelioma lawyer can also help you file for an insurance or trust fund settlement.