How an Asbestos Lawyer Can Help You Understand Your Claim Options

A New York asbestos lawyer who has experience can help victims to understand their options. A lawyer can identify where and when someone was exposed to asbestos and the companies that could be liable.

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

Personal Injury Cases

A person who suffers an injury from asbestos exposure could file a personal injury lawsuit to recover compensation. Based on the nature of injury, an individual could claim damages for medical bills and lost wages as well as suffering and pain. Families of the victim can also file a lawsuit for wrongful deaths to get financial compensation and closure after losing their loved ones to asbestos-related illnesses like mesothelioma.

A manufacturer or employer can be held accountable for an asbestos lawyers lawsuit if they violated its legal obligation to protect workers from harm. An employer's duty is breached when they fail in hiring training, maintenance, and supervision. A defective product that can cause injuries may also be sold or supplied.

It is important to speak with an attorney as soon as you can after an exposure to asbestos as the laws of each state set time limits, known as statutes of limitations, on the time a plaintiff has to file a lawsuit. In mesothelioma-related cases, the statute of limitations starts to run when the victim is diagnosed with mesothelioma or other asbestos disease.

The type of lawsuits a person can be able to file will depend on the place and how they were exposed to asbestos. A victim could be able to file a premises liability lawsuit in the event that they were exposed asbestos at work. A construction worker may be injured by asbestos in a power station or on a Navy vessel. Someone who was exposed by second-hand exposure to asbestos, such as when washing the clothes of a beloved one, can also bring a lawsuit to claim personal injury.

Asbestos exposure was the root basis for many mesothelioma cases. Certain of these cases have resulted in significant jury awards and settlements. Class action lawsuits have also been filed against companies in relation to how they dealt with asbestos or stored on their property.

The amount of compensation that you may receive in a mesothelioma-related case depends on many factors, including the age at when you were diagnosed, your prognosis, your life expectancy, your injuries, and the extent of your suffering and pain. Your lawyer and you must examine the details of your case to determine the fair value of your mesothelioma lawsuit.

Product Liability Cases

The law of product liability permits asbestos victims to sue distributors, manufacturers and retailers of hazardous products that led to their exposure. They can be held responsible for negligence. In the case of asbestos, it's common for more than one company to be found liable due to the variety of exposure sources.

Mesothelioma is caused by asbestos exposure in the workplace, for example in construction and shipbuilding. Many cases of mesothelioma and other asbestos-related illnesses, are caused by non-occupational exposures, like living in or working in homes constructed with asbestos materials or handling products that contain asbestos attorney from third parties.

The legal concepts of strict liability and breach of warranty are key to mesothelioma lawsuits. Strict liability is a type of negligence, which implies 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 performed under similar circumstances.

A breach of warranty is when a manufacturer or seller makes a claim regarding their product which leads to injuries. For example the case where a manufacturer or seller claims that the asbestos product is safe to use, and it is found to be unreasonable hazardous, the seller could be held liable for the resulting injuries.

Asbestos litigation can be complicated due to the fact many of the asbestos-exposed businesses have gone under or were taken over by other companies. This is called apportionment. State laws determine how a judge will assign responsibility to each defendant.

For instance in the case of Mary Wild v. Owens-Illinois, 705 A.2d 58 (Md. Ct. Spec. App. 1998) The mesothelioma suit filed by the decedent claimed that she was exposed to asbestos when she washed and cleaned her husband's work clothing at Bethlehem Steel. The court decided that Bethlehem Steel did not owe Mrs. Wild a duty to warn her about the potential dangers of asbestos exposure to the clothes and body of her husband.

Due to the long time frame associated with mesothelioma, it is crucial to keep a record of all asbestos exposure, whether known or suspected. A mesothelioma lawyer will help people determine the best method to proceed.

Firefighter Cases

Firefighters are more prone to suffer from asbestos-related illnesses such as mesothelioma than other people. They typically have to put out fires in buildings constructed with asbestos-containing materials. Even after a blaze is put out, they may still need to inspect for asbestos residue and safety hazards. This is particularly true for firefighters who conduct thorough inspections of commercial and industrial buildings.

When the World Trade Center towers collapsed on September 11, a large number of firefighters were exposed to asbestos dust. The dust was heavy metallic particles, burning plastic and countless asbestos fibers. This is why those who worked at ground zero are at a greater risk for developing mesothelioma and other cancers.

Asbestos particles can be breathed into a firefighter's inner tissues and become lodged there for a long time. This can lead to inflammation, irritation, and scar tissue which can lead to the development of a tumor. The tumor is known as mesothelioma, and it is one of four kinds of asbestos-related cancer. The most common form of mesothelioma occurs 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 talk to an experienced attorney regarding their situation. They could be eligible for workers' compensation benefits or an asbestos lawsuit against the company responsible for their exposure.

Levy Konigsberg has experience representing firefighters with mesothelioma and related diseases. Our firm has also been involved in lawsuits against insurance companies to recover the full amount of the damages our clients deserve.

A number of states have passed presumptive coverage for cancer laws for firefighters. These laws remove the burden from the firefighters suffering from cancer and assume that their illness is due to their occupational asbestos exposure. This can make it easier for those suffering from cancer to receive financial compensation and pay medical expenses. We advise those suffering from an asbestos-related disease to speak with an attorney for mesothelioma to discuss their case. Contact us to schedule an appointment for a confidential, no-cost consultation.

Commercial Cases

If, for instance someone who worked in an asbestos-containing structure is diagnosed with mesothelioma they can sue the owner. In these types of cases, it's important to demonstrate that the asbestos exposure wasn't just caused by occupational exposure but also by other factors. This could be from exposure from a second-hand source, such as a person suffering from the disease, or contaminated consumer goods such as talcum.

Workers may also make claims that are based on the law of product liability against asbestos attorney manufacturers. These claims are usually backed by evidence that shows the asbestos attorney manufacturer's product was dangerous and defective. These lawsuits are not only aimed at paying compensation to asbestos victims, but also companies that ignored warnings and continued to place unsafe products on the market.

Asbestos lawsuits often result in huge settlements for plaintiffs and their families. People who have suffered injuries may receive compensation for the past and upcoming medical costs, loss in regular life, loss of earnings potential, and emotional distress. Spouses of victims of mesothelioma may also sue for loss in consortium.

Some states' laws are more favorable to mesothelioma plaintiffs than other states' laws. Illinois for instance, has a law that permits residents to bring lawsuits against asbestos-related companies for negligence and wrongful deaths. Its lawyers have secured several multi-million-dollar verdicts and asbestos victims from other states have also received compensation.

Thousands of asbestos lawsuits led to bankruptcy for many asbestos manufacturers. The bankruptcy process made it easier for plaintiffs to get compensation since the companies were not required to defend themselves in public trials.

Nonetheless, asbestos litigation is complex. The process of litigation begins with the filing of a lawsuit, gathering evidence, such as medical records and appointing former family members, colleagues, and doctors. It is crucial to work with mesothelioma lawyers who have experience handling complex cases. A mesothelioma attorney will conduct an evaluation of your case for free to determine when, where and how you were exposed. This will help you file an insurance claim. A mesothelioma lawyer with experience can also help you file for a trust fund or insurance settlement.