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 help determine the time and place that a person was exposed to asbestos, and what companies could be responsible.
A victim can file a personal injury lawsuit or wrongful death suit or an asbestos trust fund claim. Each of these options has its own requirements and result in different award.
Personal Injury Cases
Anyone who has been injured by asbestos exposure can sue for compensation. Based on the nature of injury, the victim may seek damages for medical bills as well as lost wages, suffering and pain. Families of the victim may also bring an action for wrongful death to get financial compensation and closure after losing their loved one to asbestos-related illnesses like mesothelioma.
Employers or manufacturers could be held accountable for an asbestos asbestosis lawsuit settlements in the event that they violated their legal duty to protect employees from harm. A breach of the duty of an employer could be due to negligent hiring, training, maintenance, or oversight. A defective product that leads to injuries may be sold or provided.
It is essential to speak with an attorney as soon as is possible after an exposure to asbestos because the laws of each state set time limitations, also known as statutes of limitations, on the length of time a plaintiff must start an action. In mesothelioma cases the statute of limitations starts to run when the victim is diagnosed with mesothelioma or another asbestos disease.
The kinds of lawsuits an individual may file will depend on where and how they were exposed to asbestos. If asbestos was present at work, a victim may be subject to a premises-liability lawsuit. A construction worker may be injured by asbestos at an energy plant or on the deck of a Navy vessel. Anyone who has been exposed to asbestos through secondhand methods such as washing clothes for a loved one could also make a personal injury claim.
Asbestos exposure was the root basis for many mesothelioma cases. Some of these cases have resulted in substantial jury awards and settlements. Class action lawsuits have also been filed against companies in relation to how they dealt with asbestos or stored it on their property.
The amount of compensation you could receive in a mesothelioma case depends on many factors such as the age at which you were diagnosed and your prognosis, life expectancy, your injuries and the extent of your suffering and pain. Your attorney and you must look over the details of your case to determine the 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. The defendants could also be held liable for negligence. It is not common to have more than one company, due to the variety of exposure sources that they are held accountable for asbestos lawsuit settlement amounts-related injuries.
Mesothelioma patients are exposed to asbestos during work in workplaces such as construction and shipbuilding. Many cases of mesothelioma and other asbestos-related illnesses, are the result of non-occupational exposures, like working or living in homes built with asbestos-containing materials or handling asbestos-containing third-party products.
mesothelioma asbestos Lawsuit cases rely on the legal concepts of strict responsibility and breach of warranty. Strict liability, which is a form of negligence, means that the defendant is accountable for any injury if they do not apply the same level of care as other people in similar circumstances.
A breach of warranty occurs when a producer or seller makes a claim regarding their product that causes injuries. For instance, if an advertiser or seller claims an asbestos product to be safe for 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 a lot of the companies that are responsible for asbestos exposure have either gone bankrupt or have been bought by other businesses. This is referred to as apportionment and state laws establish the rules for how a judge or jury assigns liability to each defendant in a case.
For instance 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 washed and cleaned her husband’s work clothes 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 lawsuit lawyers exposure to the clothes and body of her husband.
Because of the long mesothelioma’s time of latency keeping a complete record of any suspected or known asbestos exposure is essential. A mesothelioma lawyer can help individuals decide on the best way to proceed.
Firefighter Cases
Firefighters could be more susceptible than the general population to develop asbestos-related diseases such as mesothelioma. They often have to put out fires in buildings constructed using asbestos-containing materials. Even after a fire is put out, they will need to check the area for safety hazards and asbestos-related residues that could be present. This is especially true for firefighters who perform extensive building inspections for commercial and industrial facilities.
When the World Trade Center towers collapsed on September 11, a lot of firefighters were exposed to toxic asbestos dust. The dust contained massive metal particles, burning plastic and numerous tons of asbestos fibers. This is why those who worked at ground zero are at a greater risk for developing mesothelioma and other cancers.
Asbestos is a substance that can be breathed into the inner tissues of a firefighter’s body and linger there for a long time. This can lead to irritation, inflammation and scar tissue that results in the development of a tumor. The tumor is known as mesothelioma. It is one of the four kinds of asbestos-related cancers. The most prevalent form of mesothelioma occurs in the lining of the lungs, referred to as the Pleura.
Firefighters are also at risk of developing lung cancer and other asbestos related illnesses. Anyone diagnosed with an asbestos-related illness should consult an experienced attorney about their situation. They could be eligible for workers compensation benefits, or they can sue the companies that caused their asbestos exposure.
Levy Konigsberg is experienced in representing firefighters suffering from mesothelioma or other related illnesses. Our firm has also been involved in lawsuits against insurance companies to recover the full amount of the damages our clients deserve.
Many states have passed presumptive insurance laws for firefighters. These laws remove the burden from the firefighters who have cancer, and presume that their condition is caused by asbestos exposure from their job. This could make it easier to receive financial compensation and also help cover medical costs. We recommend those suffering from an asbestos-related illness to contact a mesothelioma attorney to discuss their case. Contact us for a free, confidential consultation.
Commercial Cases
For example, if someone who worked in an asbestos-containing structure is diagnosed with mesothelioma they could sue the building owner. In these cases it is crucial to prove the asbestos exposure wasn’t caused solely by occupational exposure, but also from other factors. This could include secondhand exposure by someone with the disease or by the use of contaminated consumer products, such as talcum powder.
Workers can also bring lawsuits in accordance with the laws on product liability against asbestos producers. These claims are usually backed by evidence that the asbestos manufacturer’s product was dangerous and defective. In addition to compensating asbestos victims the lawsuits also seek to punish companies that did not follow warning signs and continued putting unsafe products on the market.
Asbestos-related lawsuits usually result in large payouts to plaintiffs and their families. For instance, people who have been injured are entitled to compensation for past and future medical expenses, loss of normal life, lost earning capacity, and emotional stress. Additionally, the spouses of survivors of mesothelioma sufferers may be able to sue for loss of consortium.
Some states’ laws are more favorable for mesothelioma victims than other. For instance the state of Illinois has a statute that allows residents to sue asbestos companies for negligence and wrongful deaths. Their lawyers have won several multimillion-dollar verdicts and asbestos victims in other states have been compensated as well.
Many asbestos producers filed for bankruptcy in the facing of a flood of lawsuits. The bankruptcy process made it easier for plaintiffs to receive compensation, as the companies would not have to defend themselves in public trials.
Nonetheless, Mesothelioma Asbestos Lawsuit asbestos litigation is complex. The litigation process begins with the filing of a lawsuit, collecting evidence like medical records, and appointing former colleagues, family members, and doctors. It is essential to work with an attorney for mesothelioma who has experience handling complex cases. A mesothelioma attorney will conduct a case evaluation for free to determine the date, time, and the extent to which you were exposed. This will help you submit an insurance claim. A knowledgeable mesothelioma lawyer will also assist you in filing for an insurance or trust fund settlement.