How an Asbestos Lawyer Can Help You Understand Your Claim Options
A skilled New York asbestos lawyer can help victims understand their options regarding claims. A lawyer can help determine the time and place when someone was exposed to the asbestos and which companies may be responsible.
A victim may bring a personal injury lawsuit, a wrongful-deaths lawsuit, or an asbestos trust fund claim. Each has its own requirements and awards.
Personal Injury Cases
Someone who has been injured as a result of asbestos exposure could file a lawsuit for compensation. A person could be entitled to damages for medical expenses, lost wages as well as pain and suffering depending on the type and severity of their injury. Harlingen asbestos attorney of the victim could also file a wrongful-death lawsuit for financial support to cover funeral costs and also gain a sense closure following the loss of a loved one to mesothelioma or another asbestos-related illness.
A manufacturer or employer can be held liable in an asbestos lawsuit, if they breached their legal obligation to protect employees from danger. Employers' obligations could be violated by negligent hiring or training, maintenance, or supervision. It could also be violated by selling or the supply of a defective product which results in injury.
It is important to consult an attorney as soon after exposure to asbestos as possible. State laws have time limitations (known as statutes or limitations) on the time that plaintiffs must make a claim. In mesothelioma cases, the statute of limitations starts to run the moment the victim is diagnosed with mesothelioma, or any other asbestos-related diseases.
The kind of lawsuits an individual may file will depend on the circumstances and the place they were exposed. If asbestos was present at work, a victim may be subject to a premises-liability lawsuit. For instance an employee working in construction could be injured by asbestos in the power plant or an Navy ship. Anyone who has been exposed through second-hand exposure to asbestos, such as when washing the clothes of a loved one, can also file a lawsuit for personal injury.
Many mesothelioma lawsuits have been filed against large corporations as they caused the exposure of the victim to asbestos. Some of these cases have resulted in 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 money you can receive from a mesothelioma suit is contingent on a variety of factors, including your age when diagnosed, the prognosis and life duration of your illness and the severity of your injuries and the extent of pain and suffering. Your lawyer and you should review your case details to determine the fair value of your mesothelioma suit.
Product Liability Cases
The law on product liability permits asbestos-related victims to sue distributors, manufacturers and retailers who sold dangerous products which caused their exposure. These defendants may be held responsible for negligence. It's not uncommon for more than one company due to the wide variety of exposure sources that they are held accountable in the event of asbestos.
Mesothelioma can be caused by asbestos exposure in the workplace, such as in construction and shipbuilding. Many cases of mesothelioma and other asbestos-related illnesses result from non-occupational exposures, like living or working in homes that are constructed using asbestos-containing materials or handling products that contain asbestos from third parties.
Mesothelioma cases rely on the legal concepts of strict liability and breach of warranty. Strict liability, which is a type of negligence, means that the defendant is responsible for any harm if they do not apply the same level of care as other individuals in similar situations.
A breach of warranty occurs when a manufacturer or seller makes a claim about their product which causes injury. For example when the seller or manufacturer claims that the 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 either gone bankrupt or been acquired by other businesses. This is known as the apportionment. State laws dictate how a judge will assign 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 potential dangers of asbestos exposure to her husband's clothing and body.
Due to the lengthy latency period associated with mesothelioma, preserving an accurate record of any known or suspected asbestos exposure is essential. A mesothelioma lawyer will help individuals determine the best way to proceed.
Firefighter Cases
Firefighters could be more susceptible than the general population to suffer from asbestos-related diseases such as mesothelioma. Their work often involves the suppression of fires in structures that were constructed using asbestos-containing materials. Even after a blaze has been put out, firefighters might still be required to check for asbestos residue and safety hazards. This is especially relevant for firefighters who conduct extensive building inspections for commercial and industrial buildings.
When the World Trade Center towers collapsed on September 11, a lot of firefighters were exposed to toxic asbestos dust. This dust was contaminated with large metal particles, burning plastic and many tons of asbestos fibers. This is why those who worked at ground zero are more likely to developing mesothelioma and other cancers.
Asbestos is a substance that can be breathed into the tissues inside a firefighter and remain there for many years. This can cause inflammation, irritation, and scar tissue which leads to the formation of a tumour. The tumor is known as mesothelioma. It is one of the four types of asbestos-related cancers. Pleural mesothelioma is the most prevalent type of mesothelioma, which is found in the lining of the lungs known as the pleura.
In addition to mesothelioma, firefighters are at risk of lung cancer as well as other asbestos-related diseases. If you have been diagnosed with an asbestos-related condition should consult an experienced lawyer regarding their situation. They could be qualified for workers' compensation benefits or an asbestos lawsuit against the companies that are responsible for their exposure.
Levy Konigsberg is experienced in representing firefighters with mesothelioma and other related illnesses. Our firm is also skilled in pursuing lawsuits against insurance companies to get the total amount of damages our clients are entitled to.
A number of states have adopted presumptive coverage laws for firefighters. These laws take the burden from the firefighters suffering from cancer and presume that their illness is caused by asbestos exposure from their job. This could make it easier to receive financial compensation and also help cover medical costs. We urge anyone suffering from an asbestos-related illness to speak with an attorney who specializes in Mesothelioma to discuss their case. Contact us for an initial, free, confidential consultation.
Commercial Cases
For example If a person who worked on an asbestos-containing building is diagnosed with mesothelioma they could sue the building owner. In these cases, it's important to establish that the exposure to asbestos was not solely caused by occupational exposure, but also due to other factors. It could be due to exposure from a second-hand source, such as a person suffering from the disease, or contaminated consumer products such as talcum.
Workers can also bring lawsuits in accordance with the laws on product liability against asbestos producers. These claims are often bolstered by evidence proving that the asbestos manufacturer's products were hazardous and defective. In addition to remuneration for asbestos victims, these lawsuits seek to penalize companies who did not follow warning signs and continued putting unsafe products on the market.
Asbestos lawsuits can lead to massive payouts for plaintiffs and their family members. For instance, those who are injured are entitled to the compensation they deserved for their past and future medical costs, loss of normal life and earning capacity, and emotional anxiety. Survivor spouses of victims of mesothelioma may also claim compensation for loss of consortium.
Certain state laws are more favorable for mesothelioma sufferers than others. For instance the state of Illinois has a statute that permits residents to sue asbestos companies for negligence and wrongful death. The lawyers of the state have secured several multimillion-dollar verdicts and asbestos victims from other states have also received compensation as well.
Many asbestos producers have filed for bankruptcy in face of thousands of lawsuits. The bankruptcy process allowed for greater compensation for plaintiffs because the companies did not need to defend their case in public.
Nonetheless, asbestos litigation is complex. The process of litigation involves the filing of a lawsuit and gathering evidence, such as medical records, as well as interviewing former coworkers or family members, as well as doctors. It is essential to choose a seasoned mesothelioma lawyer that has handled complex cases. A mesothelioma lawyer can conduct an assessment of your case free of charge to determine where, when and how you were exposed asbestos, so that you can file a claim. A mesothelioma lawyer can assist you in obtaining an insurance settlement or trust.