How an Asbestos Lawyer Can Help You Understand Your Claim Options
A skilled New York asbestos lawyer can assist victims in understanding their claim options. A lawyer can help determine the time and place when someone was exposed to asbestos and which companies may be accountable.
A victim may file a personal injuries lawsuit, a wrongful deaths lawsuit, or an asbestos trust fund claim. Each option has its own set of requirements and award.
Personal Injury Cases
A person who is injured by asbestos exposure can file a lawsuit for compensation. Based on the nature of injury, the victim may seek damages for medical expenses and lost wages as well as suffering and pain. The family members of the victim could also file a wrongful-death lawsuit to receive financial assistance to cover funeral expenses and also gain a sense closure following the loss of a beloved person to mesothelioma or an asbestos-related illness.
A manufacturer or employer can be held liable for an asbestos lawsuit if it breached its legal obligation to protect workers from injuries. An employer's duty is breached when they fail in hiring or training, maintenance, or supervision. It is also possible to violate the duty by selling or the supply of a defective product which results in injury.
It is important to consult with an attorney as soon as you can after exposure to asbestos as the laws of each state set time limits, known as statutes of limitations, on how long a plaintiff must start a lawsuit. In mesothelioma cases, the statute of limitations starts to run when the victim is diagnosed with mesothelioma.
The kinds of lawsuits a person can be able to file will depend on the place and how they were exposed to asbestos. A victim may be the subject of a premises liability lawsuit when they were exposed to asbestos at work. For example construction workers could be injured by asbestos at the power plant or the deck of a Navy ship. A person who was exposed by second-hand exposure to asbestos, such as when washing the clothes of a loved one, may also sue for personal injury.
Many mesothelioma lawsuits have been brought against large corporations due to the fact that 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 the way they handled asbestos or stored on their property.
The amount of compensation you may receive in a mesothelioma lawsuit is contingent on a variety of factors such as the age at the time you were diagnosed and your prognosis, life expectation, your injuries and your pain and suffering. Your attorney and you must review the details of your case to determine the fair amount for your mesothelioma lawsuit.
Product Liability Cases
The law of product liability permits asbestos victims to sue distributors, manufacturers and retailers of dangerous products that caused their exposure. The defendants could also be held accountable for negligence. It is not unusual to have more than one company, due to the variety of exposure sources, to be held liable in the event of asbestos.
Mesothelioma patients are exposed to asbestos while working in work environments such as shipbuilding and construction. Many cases of mesothelioma and other asbestos-related illnesses are the result of non-occupational exposure, such as living in or working in homes that are constructed using asbestos-containing materials or handling asbestos-containing third-party products.
Mesothelioma cases are based upon the legal concepts of strict liability and breach of warranty. Strict liability is a type of negligence, which means that a defendant is liable for a recurrence if they fail to uphold the standard of care that a person in their position would have performed in similar circumstances.
A breach of warranty is when a manufacturer or seller makes a claim regarding their product which leads to injuries. For instance, if the seller or manufacturer declares that their asbestos product is safe to use and it is found to be unreasonable hazardous, the seller could be held liable for the resulting injuries.
Asbestos litigation is complicated due to the fact that a lot of the companies that have been responsible for asbestos exposure have gone into bankruptcy or were acquired by other businesses. This is known as the apportionment. State laws determine the way a judge assigns responsibility 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 decided that Bethlehem Steel did not owe Mrs. Wild a duty to warn her about the risks of asbestos exposure to her husband's clothing and body.
Because of the long latency period associated with mesothelioma keeping a complete record of any suspected or known asbestos exposure is essential. A mesothelioma lawyer will help people determine the best method to proceed.
Firefighter Cases
Firefighters could be more susceptible than the general population to suffer from asbestos-related diseases like mesothelioma. Their work often involves extinguishing fires in older structures that were constructed using asbestos-containing materials. Even after a blaze has been extinguished they might still be required to check for asbestos residue and safety hazards. This is especially true for firefighters who perform in-depth building inspections for commercial and industrial facilities.
When the World Trade Center collapsed on 9/11 many firefighters were exposed to toxic asbestos dust. The dust contained heavy metallic particles, burning plastic and countless asbestos fibers. This is why those who served at ground zero are at greater chance of developing mesothelioma and other cancers.
Asbestos particles can get into the tissues of a firefighter's body and then remain there for a long time. This can lead to inflammation, irritation, and scar tissue which leads to the formation of a tumour. This tumor is known as mesothelioma. It is one of four kinds of asbestos-related cancer. The most prevalent form of mesothelioma occurs in the lining of the lungs, referred to as the Pleura.
In addition to mesothelioma, firefighters are also at risk of developing lung cancer and other asbestos-related diseases. A lawyer with experience in asbestos-related illnesses can help those who have been diagnosed. They could be eligible to receive workers' compensation benefits or an asbestos lawsuit against the companies responsible for their exposure.
Levy Konigsberg is experienced in representing firefighters suffering from mesothelioma or any other related illness. Our firm has also been involved in litigation against insurance companies for the full amount of damages our clients deserve.
A number of states have adopted presumptive coverage laws for firefighters. These laws take the burden of proof for firefighters who have cancer and assume that their illness was caused by their occupational exposure to asbestos. This can make it easier to obtain financial compensation and also help with medical expenses. Warren asbestos lawyers encourage anyone with an asbestos-related disease to contact a Mesothelioma Attorney to discuss their case. Contact us for an appointment for a confidential, no-cost consultation.
Commercial Cases
If, for example, someone who worked in an asbestos-containing building is diagnosed with mesothelioma, they could sue the property owner. In these instances it is essential to prove the asbestos exposure wasn't caused solely by occupational exposure, but also from other factors. This could be a result of secondhand exposure by someone with the disease, or even from contaminated consumer products like talcum.
Workers may also file lawsuits that are based on the law of product liability against asbestos manufacturers. These claims are usually backed by evidence that asbestos manufacturer's product was dangerous and unsafe. These lawsuits are not only focused on the compensation of asbestos victims, but also companies that did not follow the warnings and sell unsafe products to the market.
Asbestos-related lawsuits usually result in large payouts for plaintiffs and their families. For example, injured people are entitled to compensation for past and future medical expenses, loss of normal life as well as lost earning capacity and emotional distress. Survivor spouses of victims of mesothelioma may also claim compensation for loss of consortium.
Certain states have laws that are more favorable to mesothelioma plaintiffs than others. Illinois, for example, has a law that permits residents to bring lawsuits against asbestos-related companies for negligence and the wrongful death of a victim. Its lawyers have secured many multi-million dollar settlements, and asbestos victims from other states have also been compensated.
Many asbestos producers declared bankruptcy in the face of a plethora of lawsuits. The bankruptcy process resulted in easier compensation for plaintiffs, because the companies did not have to defend their cases in court.
Nonetheless, asbestos litigation is complex. The process of litigation starts with the filing of a lawsuit, collecting evidence such as medical records, and appointing former colleagues, family members as well as doctors. It is essential to consult with an attorney for mesothelioma who has experience handling complex cases. A mesothelioma lawyer will conduct a case evaluation for free to determine the date, time, and the extent to which you were exposed. This will allow you to file a claim. A mesothelioma lawyer will assist you in applying for an insurance settlement or trust.