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 help determine the time and place that a person was exposed to asbestos, and what businesses could be accountable.
A victim may file a personal injuries lawsuit, a wrongful-deaths lawsuit or an asbestos trust fund claim. Each option has different requirements and result in different awards.
Personal Injury Cases
A person who is injured as a result of asbestos exposure could file a lawsuit for compensation. Based on the nature of injury, the victim could claim damages for medical bills and lost wages as well as suffering and pain. The family members of the victim could also file a wrongful death lawsuit seeking financial compensation to pay funeral costs and also gain a sense closure following the loss of a beloved one to mesothelioma, or another asbestos-related illness.
A manufacturer or employer can be held responsible for an asbestos lawsuit when they have violated their legal obligation to protect employees from injury. A breach of a duty of an employer could be due to negligent hiring, training and maintenance, or oversight. A defective product that causes injuries can also be sold or marketed.
It is crucial to consult an attorney as soon following exposure to asbestos as you can. State laws have time limits (known as statutes or limitations) on how long plaintiffs are required to make a claim. In mesothelioma cases, the statute of limitations begins to run when the patient is diagnosed with mesothelioma.
The kind of lawsuits an individual may file will depend on the circumstances and the place they were exposed. A victim may be the subject of a premises liability lawsuit when they were exposed to asbestos while at work. A construction worker could be injured by asbestos at an energy plant or on a Navy vessel. Anyone who has been exposed to second-hand asbestos, such as when washing the clothes of a beloved one, may also bring a lawsuit to claim personal injury.
Many mesothelioma lawsuits have been filed against large corporations because they caused the exposure of the victim to asbestos. Some of these cases resulted in large settlements and jury awards. Companies have also been accused of being sued in class action lawsuits for the way they handled asbestos on their premises.
The amount of compensation you can receive from a mesothelioma case is contingent on a variety of variables that include your age at the time of being diagnosed, the prognosis and life duration of your disease as well as the severity of your injuries and the amount of suffering and pain. Your attorney and you should examine the specifics of your case to determine a fair amount for your mesothelioma claim.
Product Liability Cases
The law of product liability permits asbestos victims to sue the distributors, manufacturers, and retailers of dangerous products that caused their exposure. They can also be held responsible for their negligence. In the case of asbestos, it's not uncommon for more than one company to be held accountable due to the wide range of possible exposure sources.
Mesothelioma is caused by asbestos exposure in the workplace, like in construction and shipbuilding. A large number of cases of mesothelioma and other asbestos-related illnesses result from non-occupational exposure, such as working or living in homes constructed with asbestos-containing materials or handling asbestos-containing third-party products.
Mesothelioma cases are based upon the legal concepts of strict responsibility and breach of warranty. Strict liability, which is a form of negligence, implies that the defendant is liable for any harm if they fail to apply the same level of care that other people do in similar circumstances.
A breach of warranty occurs when a manufacturer or seller claims to be able to provide a product which leads to injury. For example, if 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 is complicated by the fact that many of the companies responsible for asbestos exposure have either gone bankrupt or been acquired by other companies. This is known as an apportionment. State laws dictate how a judge will assign the liability to each defendant.
In the case of Mary Wild, v. Owens Illinois, 705 A.2d. In the case of Mary Wild, v. Owens Illinois, 705 A.2d (Md. Ct. Spec. App. App. The court decided that Bethlehem Steel did not owe Mrs. Wild a duty to warn about the foreseeable risks of asbestos exposure on the clothes and body of her husband.
Due to the lengthy mesothelioma's latency time maintaining a thorough record of any suspected or confirmed asbestos exposure is important. A knowledgeable mesothelioma lawyer can advise individuals about how best to approach this issue.
Firefighter Cases
Firefighters could be more susceptible than the general population to contract asbestos-related illnesses like mesothelioma. They are often required to deal with fires in buildings constructed using asbestos-containing materials. Even after a fire has been extinguished, firefighters may have to inspect the area for safety hazards and possible asbestos residue. This is particularly true for firefighters who perform extensive building inspections for industrial and commercial facilities.
When the World Trade Center collapsed on 9/11, many firefighters were exposed toxic asbestos dust. This dust contained massive metal particles, burning plastic, and many tons of asbestos fibers. This is the reason that those who worked at ground zero are more likely to developing mesothelioma or other types of cancer.
Asbestos particles can be breathed into the tissues of a firefighter's body and remain there for a long time. This can cause irritation, inflammation and scar tissue, which can lead to the formation of an enlargement of. This tumor is called mesothelioma and is one of the four types of cancer that are related to asbestos. The most prevalent mesothelioma type is found in the lining of the lungs, referred to as the Pleura.
In addition to mesothelioma and asbestosis, firefighters are at risk of developing lung cancer and other asbestos-related illnesses. Those who have been diagnosed with an asbestos-related illness should consult an experienced lawyer regarding their situation. They could be qualified to receive workers' compensation benefits or an asbestos lawsuit against the company responsible for their exposure.
Levy Konigsberg has experience representing firefighters suffering from mesothelioma and other related diseases. Our firm has also been involved in lawsuits against insurance companies to recover the total amount of damages our clients deserve.
A number of states have passed presumptive insurance laws for firefighters. These laws relieve the burden of firefighters who have cancer, and assume that their illness is due to asbestos exposure in their work. This can make it easier to get financial compensation and help with medical expenses. We encourage anyone with an asbestos-related disease to contact a Mesothelioma Attorney to discuss their case. Contact us today to arrange an appointment for a confidential, no-cost consultation.
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For example If someone who worked in an asbestos-containing structure is diagnosed with mesothelioma they could sue the property owner. In these instances, it is essential to prove that the exposure to asbestos wasn't just caused by occupational exposure, but also due to other factors. This could include secondhand exposure from someone with the disease or from contamination of consumer products like talcum powder.
Workers also might make claims against asbestos manufacturers in accordance with the law on product liability. These claims are often bolstered by evidence proving that the asbestos products of the manufacturer were dangerous and faulty. In addition to remuneration for asbestos victims, these lawsuits seek to punish companies that did not follow warning signs and continued making unsafe products available on the market.
Asbestos lawsuits typically result in large settlements for plaintiffs and their families. People who have suffered injuries may receive compensation for the past and upcoming medical expenses, loss of normal life, lost earnings potential, and emotional anxiety. Additionally, the spouses of survivors of mesothelioma victims may claim compensation for loss of consortium.
Some states' laws are more favorable to mesothelioma sufferers than others. For instance the state of Illinois has a law which permits residents to sue asbestos companies for negligence and wrongful deaths. Their lawyers have won a number of multimillion-dollar verdicts and asbestos victims in other states have received compensation too.
Thousands of asbestos lawsuits led to bankruptcy for a number of asbestos manufacturers. The bankruptcy process allowed easier compensation for plaintiffs, because the companies did not need to defend their case in the public eye.
Nonetheless, asbestos litigation is complex. The process of litigation starts with the filing of a lawsuit, gathering evidence like medical records, and appointing former colleagues, family members and doctors. It is essential to work with an experienced mesothelioma lawyer that has handled complex cases. A mesothelioma lawyer will perform a free case evaluation to determine where, when and how you were exposed to asbestos, so that you can file an claim. A mesothelioma lawyer with experience can also help you file for a trust fund or insurance settlement.