How an Asbestos Lawyer Can Help You Understand Your Claim Options

A knowledgeable New York asbestos lawyer can help victims understand their options for claiming. A lawyer can identify when and where someone was exposed to asbestos and which companies could be responsible.

A victim can make a personal injury claim, a wrongful death lawsuit or an asbestos trust fund claim. Each option has its own set of requirements and awards.

Personal Injury Cases

Someone who has been injured due to asbestos exposure may bring a asbestosis lawsuit settlements to recover compensation. The plaintiff may be able to claim damages for medical expenses, lost wages, and pain and suffering depending on the type and severity of their injuries. The victim's family members may also file a wrongful death lawsuit to receive financial assistance to cover funeral costs and to gain a sense of closure after losing a loved one to mesothelioma or another asbestos-related illness.

A manufacturer or employer could be held accountable for an asbestos lawsuit if it violated its legal duty to protect workers from injury. A breach of a duty of an employer could be due to negligence in hiring, training and maintenance, or oversight. A defective product that can cause injuries may be sold or provided.

It is essential to speak with an attorney as soon after exposure to asbestos as is possible. State laws have time limits (known as statutes or limitations) on how long plaintiffs must make a claim. In mesothelioma, asbestos lawsuit the statute of limitations begins to run once the victim is diagnosed as having mesothelioma.

The kind of lawsuit an individual can file will depend on how and where they were exposed. If asbestos was present at work, a victim may be able to file a premises liability lawsuit. Construction workers could be injured by asbestos in an energy plant or on the deck of a Navy vessel. Someone who was exposed to asbestos via secondhand methods such as washing the clothes of a loved one can also bring a personal injury lawsuit.

Asbestos exposure was the root basis for many mesothelioma cases. Certain of these cases resulted in significant settlements and jury awards. Companies have also been accused of being sued in class action lawsuits over the way they stored or handled asbestos on their premises.

The amount of money you can receive from a mesothelioma case is contingent on a number of factors such as your age at the time you were diagnosed as well as the prognosis and duration of your condition and the severity of your injuries as well as the extent of pain and suffering. Your attorney and you must review the details of your case to determine a fair value for your mesothelioma suit.

Product Liability Cases

Product liability law allows asbestos victims to sue the distributors, manufacturers and retailers of hazardous products that caused their exposure. The defendants could be held responsible for negligence. In the case of asbestos, it's common for multiple companies to be held liable due to the variety of potential exposure sources.

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 are caused by non-occupational exposure, such as working or living in homes that are constructed using asbestos materials, or handling asbestos-containing third-party products.

The legal concepts of strict liability and asbestos lawsuit breach of warranty are essential to mesothelioma lawsuits. Strict liability is one type of negligence, which means that a defendant is accountable for an injury when they fail to meet the standard of care that a person in their position would have performed under similar circumstances.

A breach of warranty occurs when a manufacturer or seller makes a claim about their product which causes injury. If, for example, an advertiser or seller claims that an asbestos lawsuit attorney product will be safe to use but it proves to be dangerous in a way that is unreasonable the seller may be held responsible for the injuries.

Asbestos litigation is complicated due to the fact that many of the companies that are responsible for asbestos exposure have gone bankrupt or have been bought by other companies. This is known as apportionment. State laws determine 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. 1998), the decedent's mesothelioma lawsuit alleged that she was exposed to asbestos when she handled and laundered her husband's work clothing at Bethlehem Steel. The court declared that Bethlehem Steel did not owe Mrs. Wild a duty to warn her about the potential dangers of asbestos exposure on the clothing and body of her husband.

Due to the long-lasting time frame associated with mesothelioma, it is crucial to keep track of every asbestos exposure, whether known or suspected. An experienced mesothelioma lawyer will help individuals determine the best way to approach this issue.

Firefighter Cases

Firefighters could be more susceptible than the general population to contract asbestos-related illnesses such as mesothelioma. They often have to deal with fires in buildings constructed using asbestos-containing materials. Even after a fire is put out, they may still need to inspect for asbestos residue and safety hazards. This is especially applicable to firefighters who conduct in-depth building inspections for commercial and industrial facilities.

When the World Trade Center collapsed on 9/11, many firefighters were exposed toxic asbestos dust. The dust was massive metallic particles, burning plastic, and numerous asbestos fibers. This is why people who worked at ground zero are at a higher chance of developing mesothelioma and other cancers.

Asbestos particles can be breathed into the tissues of a firefighter's body and remain there for decades. This can lead to inflammation, irritation, and scar tissue which leads to the formation of a tumor. This type of tumor is known as mesothelioma and is one of the four types of cancer related to asbestos. Pleural mesothelioma is by far the most prevalent mesothelioma type, which forms in the lining of the lungs known as the pleura.

Firefighters also face the risk of developing lung cancer and other asbestos related illnesses. Anyone diagnosed with an asbestos-related condition 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 exposure to asbestos.

Levy Konigsberg is experienced in representing firefighters who have mesothelioma or other related illnesses. Our firm has also been involved in lawsuits against insurance companies for the total amount of damages our clients are entitled to.

A lot of states have passed presumptive cancer protection laws for firefighters. These laws remove the burden from the firefighters with cancer and presume that their condition is caused by asbestos lawsuit settlements exposure from their job. This could make it easier for those suffering from cancer to receive financial compensation and help pay medical expenses. We urge anyone suffering from an asbestos-related disease to contact an attorney for Mesothelioma to discuss their case. Contact us for an appointment for a confidential, no-cost consultation.

Commercial Cases

For instance, if a person who worked on an asbestos-containing structure is diagnosed with mesothelioma they could sue the property owner. In these instances, it is important to prove that the asbestos exposure wasn't just caused by occupational exposure, but also from other factors. It could be due to exposure to asbestos by a person who has the disease, or even from contaminated consumer products such as talcum.

Workers may also make claims against asbestos manufacturers according to the law of product liability. These claims are usually supported by evidence that shows the asbestos manufacturer's product was dangerous and defective. These lawsuits are not only targeted at the compensation of asbestos victims, but also companies that did not follow the warnings and place unsafe products on the marketplace.

Asbestos lawsuits can result large payouts to plaintiffs and their families. For example, injured people are entitled to compensation for past and future medical expenses as well as loss of normal living, lost earning capacity, and emotional anxiety. Survivor spouses of victims of mesothelioma are also able to be able to sue for loss of consortium.

Certain states have laws that are more favorable to mesothelioma plaintiffs than others. Illinois is one of them. Illinois has a law that permits residents to bring lawsuits against asbestos-related companies for negligence and wrongful deaths. Its lawyers have secured a number multi-million dollar settlements, and veterans asbestos lawsuits victims from other states have also received compensation.

Many of the asbestos manufacturers declared bankruptcy in the facing of a flood of lawsuits. The bankruptcy process made it easier for plaintiffs to receive compensation, since the companies did not have to defend themselves in public trials.

Nonetheless, asbestos litigation is complex. The litigation process involves the filing of a lawsuit and gathering evidence, such as medical records and interviews with former coworkers, family members and doctors. It is essential to work with mesothelioma lawyers who have the experience of handling cases that are complex. A mesothelioma lawyer will conduct a free case evaluation to determine when, where and how you were exposed asbestos cancer lawsuit mesothelioma settlement in order to make an insurance claim. A mesothelioma lawyer with experience can also assist you in filing for an insurance or trust fund settlement.