How an Asbestos Lawyer Can Help You Understand Your Claim Options
A New York asbestos lawyer who has experience can help victims to know their options. A lawyer can determine when and where a person was exposed to asbestos and what companies could be responsible.
A victim can make a personal injury lawsuit, a wrongful death lawsuit, or an asbestos trust fund claim. Each has its own set of requirements and awards.
Personal Injury Cases
A person who is injured by asbestos exposure can bring a lawsuit to recover compensation. A person could be entitled to damages for medical expenses, lost wages and pain and suffering according to the nature and severity of their injuries. The family members of the victim could also file a wrongful-death lawsuit to receive financial assistance to pay funeral costs and to gain a sense of closure following the loss of a beloved one to mesothelioma, or another asbestos-related illness.
A manufacturer or employer can be held liable for an asbestos lawsuit if it violated its legal obligation to protect workers from injuries. A breach of the duty of an employer could be due to negligence in hiring, training, maintenance or supervision. It is also possible to violate the duty by selling or supplying a defective product that causes injury.
It is crucial to consult an attorney as soon after exposure to asbestos as is possible. State laws impose time limits (known as statutes or limitations) on the time that plaintiffs have to make a claim. In mesothelioma, the statute of limitations starts to run when the patient is diagnosed with mesothelioma.
The kind of lawsuits an individual can file will depend on the circumstances and the place they were exposed. If asbestos was present at work, a victim may be able to file a premises liability lawsuit. Construction workers could be injured by asbestos at an energy plant or on a Navy vessel. Someone who was exposed through second-hand exposure to asbestos, for instance, while washing the clothes of a loved one, may also file a lawsuit for personal injury.
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 in substantial settlements and jury awards. Class action lawsuits have been filed against businesses in relation to how they handled or stored asbestos on their premises.
The amount of compensation you can receive from a mesothelioma lawsuit depends on a variety of factors, including your age when diagnosed and the prognosis as well as life duration of your illness as well as the severity of your injuries and the amount of suffering and pain. Your lawyer and you must review your case details to determine the fair value of your mesothelioma case.
Product Liability Cases
The law governing product liability allows asbestos-related victims to sue distributors, manufacturers and retailers who sold dangerous products which caused their exposure. They can also be held accountable for negligence. In the case of asbestos, it's typical for several companies to be held liable because of the many different types of possible exposure sources.
Mesothelioma patients are exposed to asbestos on the job in workplaces such as shipbuilding and construction. Many cases of mesothelioma, and other asbestos-related diseases, are caused by non-occupational exposure, for example, living in or working 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 key to mesothelioma lawsuits. Strict liability is one type of negligence, which implies that a defendant is accountable for injury if they fail to meet the standard of care that any other person in their position would have exercised under similar circumstances.
A breach of warranty occurs when a producer or seller makes a claim about their product that causes injuries. For example the case where an individual or company claims that an asbestos product is safe to use, and it turns out to be unreasonably dangerous, the manufacturer or seller could be held liable for the resultant injuries.
Asbestos litigation is complicated due to the fact that a lot of the companies responsible for asbestos exposure have gone bankrupt or been acquired by other businesses. This is called apportionment. State laws govern how a judge will assign liability to each defendant.
For instance in the case of Mary Wild v. Owens-Illinois, 705 A.2d 58 (Md. Ct. Spec. App. App. The court declared that Bethlehem Steel did not owe Mrs. Wild a duty to warn her about the potential dangers of asbestos exposure to her husband's clothing and body.
Due to the lengthy mesothelioma's time of latency, preserving an accurate record of any suspected or known asbestos exposure is important. A knowledgeable mesothelioma lawyer can guide individuals on how to tackle this task.
Firefighter Cases
Firefighters are more likely than the general population to develop asbestos-related diseases such as mesothelioma. They typically have to extinguish fires in structures constructed with asbestos-containing materials. Even after a fire has been extinguished, they may need to inspect the area for safety hazards and potential asbestos residue. Albany asbestos lawyer is particularly applicable to firefighters who conduct in-depth building inspections for industrial and commercial facilities.
When the World Trade Center collapsed on 9/11 many firefighters were exposed to toxic asbestos dust. This dust contained large metallic particles, burning plastic and tons of asbestos fibers. This is the reason that those who worked at ground zero are at a higher risk of developing mesothelioma or other types of cancer.
Asbestos is a substance that can be breathed into the tissues inside a firefighter and remain there for a long time. This may cause irritation, inflammation and scar tissue that can lead to the formation of an enlargement of. This tumor is known as mesothelioma, and it is one of the four kinds of asbestos-related cancers. The most common mesothelioma type is found in the lining that lines the lungs, which is known as the pleura.
In addition to mesothelioma and asbestosis, firefighters are at risk for lung cancer and other asbestos-related diseases. If you have been diagnosed with an asbestos-related illness should consult an experienced attorney regarding their situation. They could be eligible for workers' compensation benefits, or could bring a lawsuit against the companies responsible for their exposure to asbestos.
Levy Konigsberg is experienced in representing firefighters suffering from mesothelioma and other related illnesses. Our firm is also skilled in pursuing litigation 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 cancer protection laws for firefighters. These laws take the burden of firefighters suffering from cancer and presume that their condition is the result of asbestos exposure in their work. This could make it easier for firefighters to receive financial compensation and help to pay medical expenses. We advise those suffering from an asbestos-related illness to contact mesothelioma lawyers to discuss their case. Contact us for an initial, free, confidential consultation.
Commercial Cases
If, for instance someone who worked in an asbestos-containing structure is diagnosed with mesothelioma, they could sue the property owner. In these cases it is crucial to prove that the asbestos exposure wasn't caused solely by occupational exposure, but also other factors. This could be from exposure from a second-hand source, such as a person suffering from the disease, or even from contaminated consumer goods such as talcum.
Workers may also bring lawsuits that are based on the law of product liability against asbestos producers. These claims are usually backed by evidence that asbestos manufacturer's product was dangerous and defective. These lawsuits are not only aimed at paying compensation to asbestos victims, but also companies that did not follow the warnings and place unsafe products on the marketplace.
Asbestos-related lawsuits usually result in huge payouts to plaintiffs and their families. Victims of injuries can be awarded compensation for the past and upcoming medical expenses, loss of normal life, loss of earning potential, and emotional distress. Survivor spouses of victims of mesothelioma can also be able to sue for loss of consortium.
Some states' laws are more favorable to mesothelioma patients than other states' laws. For instance, the state of Illinois has a statute that allows residents to sue asbestos companies for negligence and wrongful deaths. Its lawyers have won several multi-million-dollar verdicts, and asbestos victims from other states have also received compensation.
Thousands of asbestos lawsuits led to bankruptcy for a number of asbestos manufacturers. 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 litigation is complex. The process of litigation involves the filing of a complaint and gathering evidence, such as medical records and interviewing former coworkers or family members, as well as doctors. It is important to work with an experienced mesothelioma lawyer who has dealt with complex cases. A mesothelioma lawyer will perform an evaluation of your case for free to determine when, where and how you were exposed. This will allow you to make a claim. A knowledgeable mesothelioma lawyer can also help you file for a trust fund or insurance settlement.