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 identify when and where a person was exposed to asbestos, and what businesses could be accountable.

A victim can make a personal injury lawsuit, a wrongful death lawsuit, or an asbestos trust funds claim. Each has its own set of requirements and the amount of money awarded.

Personal Injury Cases

A person who is injured by asbestos exposure can sue for compensation. Depending on the nature of injury, a person could claim damages for medical bills as well as lost wages, suffering and pain. Family members of the victim may also file a wrongful death lawsuit seeking financial compensation to pay funeral costs and also gain a sense closure following the loss of a loved one to mesothelioma, or another asbestos-related illness.

An employer or manufacturer can be held accountable for an asbestos lawsuit if they violated its legal obligation to protect workers from harm. A breach of the duty of an employer may be the result of negligent 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 with an attorney as soon as is possible after an exposure to asbestos as state laws establish time limits, known as statutes of limitations on how long a plaintiff has to bring an action. In mesothelioma cases, the statute of limitations begins to run once the victim is diagnosed with mesothelioma.

The kind of lawsuits an individual may file will depend on the manner and location they were exposed. A victim may have a premises liability claim in the event that they were exposed asbestos at work. For instance construction workers might be injured by asbestos in the power plant or a Navy ship. A person who was exposed to asbestos through indirect means like washing the clothes of a loved one could also file a personal injury lawsuit.

Asbestos exposure is the main cause of many mesothelioma cases. Certain of these cases have resulted into significant jury awards and settlements. Companies have also been accused of class action lawsuits over the way they stored or handled asbestos on their premises.

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

Product Liability Cases

Product liability law allows asbestos victims to sue manufacturers, distributors and retailers of hazardous products that led to their exposure. The defendants could also be held accountable for their negligence. In the case of asbestos, it's common for several companies to be held liable 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, are the result of non-occupational exposures, like living or working in homes that are constructed using asbestos 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 a form of negligence. It means that a defendant is accountable for a recurrence if they fail to uphold the standard of care that a person in their position would have performed under similar circumstances.

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

Asbestos litigation is complicated by the fact that many of the companies that have been responsible for asbestos exposure have gone into bankruptcy or were acquired by other companies. This is referred to as apportionment and state laws define the guidelines for the way a judge or jury assigns liability to each defendant in a case.

In the case of Mary Wild, v. Owens Illinois 705 A.2d. The Court of Appeals for the District of Columbia, 58 (Md. Ct. Spec. App. 1998) The mesothelioma suit filed by the decedent claimed that she was exposed to asbestos when she handled and laundered husband's work clothes at Bethlehem Steel. The court ruled that Bethlehem Steel was not required to warn Mrs. Wild about the risks of asbestos exposure through the clothing of her husband or his body.

Because of the long mesothelioma's time of latency maintaining a thorough record of any known or suspected asbestos exposure is crucial. A mesothelioma lawyer will help people determine the best method to proceed.

Firefighter Cases

Firefighters are more likely to suffer from asbestos-related illnesses such as mesothelioma than the general public. Their work typically involves extinguishing fires in buildings constructed with asbestos-containing materials. Even after a blaze has been put out, firefighters will still have to look for asbestos residue and safety risks. This is particularly true for firefighters who conduct thorough inspections of industrial and commercial buildings.

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

Asbestos particles can get into the inner tissues of firefighters and remain there for a long time. This may cause irritation, inflammation and scar tissue, which can lead to the formation of a tumor. The tumor is known as mesothelioma. It is one of four kinds of asbestos-related cancers. The most common form of mesothelioma occurs in the lining of the lungs, which is known as the pleura.

In addition to mesothelioma, firefighters are at risk of developing lung cancer and other asbestos-related illnesses. An attorney with experience in asbestos-related illnesses can assist those who have been diagnosed. They could be qualified for benefits from workers' compensation or an asbestos lawsuit against companies accountable for their exposure.

Levy Konigsberg is experienced in representing firefighters suffering from mesothelioma or any other related illness. Our firm has also been successful in pursuing lawsuits against insurance companies to recover the full amount of damages our clients are entitled to.

Many states have passed presumptive cancer protection laws for firefighters. These laws take the burden of proof from the firefighters who have cancer and assume that their condition was the result of their work exposure to asbestos. This makes it easier to get financial compensation and help with medical expenses. We recommend anyone suffering from an asbestos-related disease to contact a Mesothelioma Attorney to discuss their case. Contact us for an initial, free, confidential consultation.

Commercial Cases

If, for instance, someone who was employed in an asbestos-containing facility is diagnosed with mesothelioma they could sue the property owner. In these types of cases, it's important to prove that the exposure to asbestos wasn't just caused by occupational exposure, but also due to other factors. This could be due to exposure from someone who has the disease or from contaminated consumer products such as talcum powder.

Workers may also bring lawsuits that are based on the law of product liability against asbestos manufacturers. These claims are often supported by evidence that the asbestos manufacturer's product was dangerous and unsafe. In addition to compensating asbestos victims the lawsuits also seek to penalize companies who ignored warning signs and kept making unsafe products available on the market.

Asbestos lawsuits often result in huge payouts to plaintiffs and their families. Victims of injuries can be awarded compensation for past and upcoming medical expenses, loss of normal life, lost earning potential, as well as emotional anxiety. Moreover, surviving spouses of mesothelioma sufferers may be able to sue for loss of consortium.

Certain states' laws are more favorable to mesothelioma patients than other states' laws. For instance the state of Illinois has a law that permits residents to sue asbestos companies for negligence and wrongful death. 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 a number of 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, collecting evidence, such as medical records and appointing former colleagues, family members and doctors. It is crucial to choose a mesothelioma attorney who has expertise in handling complicated cases. A mesothelioma lawyer will conduct an assessment of your case at no cost to determine the date, time, and the extent to which you were exposed. This will assist you to submit an insurance claim. A knowledgeable mesothelioma lawyer will also assist you in filing for an insurance or trust fund settlement.