How an Asbestos Lawyer Can Help You Understand Your Claim Options
A New York asbestos lawyer who is knowledgeable can assist victims to understand their options. A lawyer can determine the time and place that a person was exposed to asbestos and which companies could be responsible.
A victim may make a personal injury claim, a wrongful death lawsuit or an asbestos trust fund claim. Each has its own set of requirements and awards.
Personal Injury Cases
Someone who has been injured due to asbestos exposure may sue for compensation. Based on Vacaville asbestos lawyer of injury, the victim may seek damages for medical expenses, lost wages and suffering and pain. Families of the victim may also pursue 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 could be held accountable for an asbestos lawsuit if it breached its legal duty to protect workers from injuries. A breach of an employer's duty could be due to negligence in hiring, training, maintenance, or supervision. It can also be breached by selling or providing a defective product that causes injury.
It is crucial to consult an attorney as soon following exposure to asbestos as is possible. State laws impose time limits (known as statutes or limitations) on the time that plaintiffs are required to make a claim. In mesothelioma-related cases, the statute of limitations begins to run as soon as the victim is diagnosed with mesothelioma or another asbestos-related disease.
The kind of lawsuit an individual can file will depend on the circumstances and the place they were exposed. If asbestos was present at work, the victim may be subject to a premises-liability lawsuit. A construction worker may be injured by asbestos in a power station or on a Navy vessel. A person who was exposed to asbestos through indirect means like washing the clothes of a loved one may also file a personal injury lawsuit.
Asbest exposure was the reason for many mesothelioma cases. Certain of these cases resulted in substantial settlements and jury awards. Companies have also been accused of class action lawsuits for how they handled asbestos on their premises.
The amount of compensation you could receive in a mesothelioma-related case depends on many factors including the age at the time you were diagnosed, your prognosis, your life expectancy, your injuries and your pain and suffering. You and your attorney should look over the details of your case to determine a fair amount for your mesothelioma claim.
Product Liability Cases
The law governing product liability allows asbestos victims to sue distributors, manufacturers and retailers of hazardous products that caused their exposure. They can also be held accountable for negligence. It's not unusual for more than one company due to the diversity of exposure sources that they are held accountable in the event of asbestos.
Mesothelioma is caused by asbestos exposure in the workplace, for example in construction and shipbuilding. Many cases of mesothelioma, and other asbestos-related diseases, are the result of non-occupational exposure, for example, living in or working in homes built with asbestos-containing materials or handling products containing asbestos that are manufactured by third parties.
Mesothelioma cases are based on the legal concepts of strict liability and breach of warranty. Strict liability is a type of negligence. It means that a defendant is accountable for an injury when they fail to meet the standard of care that any other person in their position would have exercised in similar circumstances.
A breach of warranty occurs when a seller or seller makes a claim regarding their product that leads to injuries. If, for example, an advertiser or seller declares an asbestos product to be safe to use but it turns out to be unreasonably dangerous, the supplier could be held accountable for injuries.
Asbestos litigation can be complicated due to the fact that many of the asbestos-exposed companies have gone bankrupt or were acquired by other companies. This is called an apportionment. State laws dictate the way a judge assigns responsibility to each defendant.
In the case of Mary Wild, v. Owens Illinois, 705 A.2d. The Court of Appeals for the District of Columbia, 58 (Md. Ct. Spec. App. App. The court ruled that Bethlehem Steel was not required to warn Mrs. Wild about the risks of asbestos exposure from her husband's clothes or body.
Because of the long mesothelioma's time of latency maintaining a thorough record of any suspected or known asbestos exposure is crucial. An experienced mesothelioma lawyer will advise individuals about how best to approach this issue.
Firefighter Cases
Firefighters are more prone to suffer from asbestos-related illnesses such as mesothelioma, than the general population. They often have to deal with fires in buildings 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 true for firefighters who conduct in-depth inspections of commercial and industrial buildings.
When the World Trade Center towers collapsed on September 11, a lot of firefighters were exposed to asbestos dust. This dust contained heavy metal particles, burning plastic and countless tons of asbestos fibers. This is why those who served at ground zero are at greater risk of developing mesothelioma or other cancers.
Asbestos particles can be breathed into the tissues of a firefighter's body and then remain there for decades. This can cause inflammation, irritation and scar tissue, which can lead to the development of a tumour. This tumor is known as mesothelioma, and it is one of the four types of asbestos-related cancer. The most frequent mesothelioma type is found in the lining that lines the lungs, referred to as the pleura.
Firefighters are also at risk of developing lung cancer and other asbestos-related diseases. An attorney with experience in asbestos-related illnesses can assist those who have been diagnosed. They could be eligible for benefits from workers' compensation or an asbestos lawsuit against companies that are responsible for their exposure.
Levy Konigsberg is experienced in representing firefighters suffering from mesothelioma and other related illnesses. Our firm has also been successful in pursuing litigation against insurance companies to ensure that our clients receive the full amount of damages that our clients deserve.
Many states have passed presumptive cancer protection laws for firefighters. These laws eliminate the burden of proof from firefighters suffering from cancer and assume that their illness was the result of their work exposure to asbestos. This makes it easier to get financial compensation and help with medical expenses. We encourage anyone with an asbestos-related disease to contact a Mesothelioma Attorney to discuss their case. Contact us for a confidential, no-cost consultation.
Commercial Cases
For instance when someone who worked in an asbestos-containing structure is diagnosed with mesothelioma they could sue the property owner. In these instances, it is important to prove the asbestos exposure wasn't just caused by occupational exposure, but also by other factors. This could include secondhand exposure by someone with the disease, or through the use of contaminated consumer products, such as talcum powder.
Workers can also file lawsuits against asbestos manufacturers based on product liability law. These claims are usually backed by evidence that shows the asbestos manufacturer's product was dangerous and unsafe. These lawsuits aren't only focused on compensating asbestos victims but also companies that ignored warnings and continued to place unsafe products on the market.
Asbestos lawsuits can result in large payouts to plaintiffs and their family members. For instance, people who have been injured are entitled to compensation for future and past medical costs and loss of their normal lifestyle, lost earning capacity, and emotional stress. Additionally, the spouses of survivors of mesothelioma sufferers may be able to sue for loss of consortium.
Certain state laws are more favorable to mesothelioma victims than others. Illinois for instance, 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 won many multi-million dollar settlements, and asbestos victims from other states have also received compensation.
Thousands of asbestos lawsuits resulted in bankruptcy for many asbestos producers. The bankruptcy process made it easier for plaintiffs to get compensation, as the companies would not have to defend themselves in public trials.
Nonetheless, asbestos litigation is complex. The process of litigation includes the filing of a complaint and gathering evidence such as medical records, as well as interviewing former colleagues, family members and doctors. It is essential to choose a mesothelioma attorney who has the experience of handling cases that are complex. A mesothelioma lawyer will conduct a case evaluation for free to determine when, where and the extent to which you were exposed. This will help you submit an insurance claim. A knowledgeable mesothelioma lawyer can also assist you in filing for an insurance or trust fund settlement.