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How an Asbestos Lawyer Can Help You Understand Your Claim Options
A New York asbestos lawyer who is experienced can help victims to determine their options. A lawyer can determine what happened to the person who was exposed to asbestos and the companies that could be responsible.
A victim may bring a personal injury lawsuit, a wrongful-deaths lawsuit, or an asbestos trust fund claim. Each of these options has its own requirements and result in different awards.
Personal Injury Cases
Someone who has been injured as a result of asbestos exposure could bring a lawsuit to recover compensation. A person may be entitled to damages for medical expenses, lost wages as well as pain and suffering depending on the type and severity of their injuries. Families of the victim may also bring a lawsuit for wrongful deaths to receive financial support and closure after losing their loved ones to asbestos-related diseases like mesothelioma.
A manufacturer or employer can be held responsible for an asbestos lawsuit, when they have violated their legal obligation to safeguard employees from harm. An employer's duty could be violated by negligent hiring training, maintenance, and supervision. It could also be violated by selling or supplying a defective product that causes injury.
It is essential to speak with an attorney as soon following exposure to asbestos as is possible. State laws have time limits (known as statutes or limitations) on the length of time plaintiffs must file a suit. In mesothelioma cases, the statute of limitations starts to run as soon as the victim is diagnosed with mesothelioma or another asbestos-related diseases.
The type of lawsuits that 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. Construction workers could be injured by asbestos at an energy plant or on a Navy vessel. Someone who was exposed to asbestos by secondhand means such as washing clothes for a loved one can also make a personal injury claim.
Asbestos exposure was the root cause of many mesothelioma cases. Certain of these cases resulted in significant settlements and jury awards. Companies have also been accused of class action lawsuits over the way they handled asbestos on their premises.
The amount of compensation you could receive from a mesothelioma suit is contingent on a variety of variables that include your age at the time of being diagnosed, the prognosis and life expectation of your disease and the severity of your injuries as well as the extent of pain and suffering. Your lawyer and you should examine the details of your case to determine the fair value of your mesothelioma lawsuit.
Product Liability Cases
The product liability law allows asbestos-related victims to sue distributors, manufacturers and retailers who sold asbestos-related products that led to their exposure. Fishers asbestos attorney can also be held accountable for their negligence. It's not unusual for more than one business due to the diversity of exposure sources, to be held liable for asbestos-related injuries.
Mesothelioma sufferers are exposed to asbestos on the job in occupational settings like shipbuilding and construction. However many cases of mesothelioma and other asbestos-related diseases result from non-occupational exposures too, like living in homes that are constructed with asbestos materials, visiting or working on sites containing asbestos or handling asbestos-containing products sold by third parties.
The legal concepts of strict liability and breach of warranty are essential to mesothelioma lawsuits. Strict liability is one type of negligence, which means that a defendant is accountable for injury if they fail to uphold the standard level of care that a person in their position would have performed under similar circumstances.
A breach of warranty occurs when a seller or manufacturer makes a claim regarding their product which leads to injury. For example the case where a manufacturer or seller declares that the asbestos product is safe to use and it proves to be excessively dangerous, the supplier may be held responsible for resultant injuries.
Asbestos litigation can be complicated by the fact that many of the asbestos-exposed companies have gone bankrupt or were taken over by other companies. This is known as apportionment and state laws set the rules that govern how a judge or jury assigns liability to every defendant in a case.
In the case of Mary Wild, v. Owens Illinois 705 A.2d. 58 (Md. Ct. Spec. App. 1998) The decedent's mesothelioma lawsuit alleged that she was exposed to asbestos when she handled and laundered husband's work clothes at Bethlehem Steel. The court decided that Bethlehem Steel did not owe Mrs. Wild a duty to warn about the foreseeable risks of asbestos exposure to her husband's clothing and body.
Because of the long latency period associated with mesothelioma, preserving an accurate record of any suspected or confirmed asbestos exposure is essential. A mesothelioma lawyer can assist people determine the best method to proceed.
Firefighter Cases
Firefighters may be more likely than the general population to contract asbestos-related illnesses like mesothelioma. They typically have to deal with fires in buildings constructed using asbestos-containing materials. Even after a blaze is put out, they will still have to look for asbestos residue and safety risks. This is especially applicable to firefighters who conduct thorough inspections of buildings for commercial and industrial buildings.
When the World Trade Center collapsed on 9/11 the firefighters were exposed to toxic asbestos dust. The dust was large metallic particles, burning plastic and numerous asbestos fibers. This is why people who served at ground zero are at greater risk of developing mesothelioma or other cancers.
Asbestos can enter the tissues inside a firefighter and remain there for years. This can lead to inflammation, irritation, and scar tissue which leads to the formation of a tumor. The mesothelioma tumor is a type of cancer and is one of the four types of cancers that are linked to asbestos. The most common form of mesothelioma occurs in the lining that lines the lungs, referred to as the Pleura.
In addition to mesothelioma, firefighters are at risk of lung cancer as well as other asbestos-related illnesses. Those who have been diagnosed with an asbestos-related condition should speak with an experienced lawyer regarding their situation. They could be eligible for workers compensation benefits, or they could sue the companies that caused their exposure to asbestos.
Levy Konigsberg is experienced in representing firefighters suffering from mesothelioma or any other related illness. Our firm is also skilled in pursuing litigation against insurance companies to get the total amount of damages our clients deserve.
Many states have passed presumptive cancer coverage laws for firefighters. These laws relieve the burden of firefighters who have cancer, and presume that their illness is due to asbestos exposure from their job. This makes it easier to receive financial compensation and aid in the payment of medical expenses. We encourage anyone with an asbestos-related disease to contact 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 was employed in an asbestos-containing facility is diagnosed with mesothelioma, they can sue the owner. In these types of cases, it's crucial to prove that the exposure to asbestos was not only caused by occupational exposure, but also by other factors. This could be from exposure to asbestos by a person who has the disease, or even from contaminated consumer goods such as talcum.
Workers may also bring lawsuits against asbestos manufacturers in accordance with the law on product liability. These claims are usually supported by evidence that the asbestos manufacturer's products were dangerous and defective. These lawsuits are not only aimed at paying compensation to asbestos victims, but also companies who did not follow the warnings and sell unsafe products to the marketplace.
Asbestos lawsuits typically result in large payouts for plaintiffs and their families. Injured people can receive compensation for past and upcoming medical expenses, loss of normal life, loss of earning potential, as well as emotional anxiety. Additionally, the spouses of survivors of mesothelioma victims may sue for loss of consortium.
Certain states have laws that are more favorable to mesothelioma plaintiffs than others. Illinois for instance, has a law that allows residents to sue companies involved in asbestos for negligence and wrongful deaths. Its lawyers have won a number multi-million dollar settlements, and asbestos victims from other states have also been compensated.
Many asbestos producers filed for bankruptcy in the facing of a flood of lawsuits. The bankruptcy process made it easier for plaintiffs to get compensation, since the companies did not have to defend themselves in public trials.
Nonetheless, asbestos litigation is complex. The litigation process begins with the filing of a lawsuit, gathering evidence such as medical records, and appointing former family members, colleagues as well as doctors. It is crucial to consult with a skilled mesothelioma lawyer that has handled complicated cases. A mesothelioma lawyer can conduct an evaluation of your case for free to determine where, when and how you were exposed to asbestos, so that you can make an insurance claim. A knowledgeable mesothelioma lawyer can also assist you in filing for a trust fund or insurance settlement.