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 determine where and when someone was exposed to the asbestos and which companies may be liable.
A victim may bring a personal injury lawsuit, a wrongful-deaths lawsuit, or an asbestos trust fund claim. Each option has different requirements and can result in different award.
Personal Injury Cases
Anyone who has been injured due to asbestos exposure may file a lawsuit for compensation. Based on the nature of injury, a person could claim damages for medical bills, lost wages and pain and suffering. Families of the victim may also file an action for wrongful death to get financial compensation and closure after losing their loved ones to asbestos-related illnesses like mesothelioma.
Employers or manufacturers can be held liable in an asbestos lawsuit, when they have violated their legal obligation to protect employees from injury. A breach of an employer's duty could be due to negligence in hiring, training and maintenance, or oversight. It could also be violated by selling or supplying a defective product that causes injury.
It is essential to consult with an attorney as soon as possible after an exposure to asbestos because the laws of each state set time limitations, also known as statutes of limitations on the time a plaintiff must bring a lawsuit. In mesothelioma-related cases, the statute of limitations starts to run as soon as the victim is diagnosed with mesothelioma or another asbestos disease.
The type of lawsuits an individual may pursue will depend on the location and how they were exposed to asbestos. If asbestos was present at work, a victim could have a premises-liability lawsuit. A construction worker may be injured by asbestos at an energy plant or on a Navy vessel. A person who was exposed to second-hand asbestos, such as when washing the clothes of a loved one, may also bring a lawsuit to claim personal injury.
Many mesothelioma lawsuits have been filed against large corporations as they caused the victim's exposure to asbestos. Some of these cases have resulted in significant settlements and jury awards. Class action lawsuits have been filed against businesses in relation to how they handled or stored asbestos on their property.
The amount of compensation that you could receive in a mesothelioma case depends on many factors such as the age at the time you were diagnosed as well as your prognosis, life expectation, your injuries and your pain and suffering. You and your lawyer should look over the details of your case in order to determine the fair value of your mesothelioma suit.
Product Liability Cases
Product liability law allows asbestos victims to sue the distributors, manufacturers and retailers of dangerous products that caused their exposure. These defendants may also be held accountable for negligence. It is not unusual for more than one company due to the wide variety of exposure sources and exposure sources, to be held accountable in the case of asbestos.
Mesothelioma is caused by asbestos exposure in the workplace, such as in shipbuilding and construction. However, many cases of mesothelioma and other asbestos-related ailments result from non-occupational exposures too, for example, living in homes built with asbestos materials, visiting or working on areas that contain asbestos, or handling asbestos-containing products that are sold by third-party sellers.
The legal concepts of strict liability and breach of warranty are essential to mesothelioma lawsuits. Strict liability, which is a form of negligence, implies that the defendant is responsible for any injury if they fail to exercise the same level of care that other people do in similar situations.
A breach of warranty occurs when a manufacturer or seller makes a claim regarding their product which causes injuries. For instance, if an individual or company states that the asbestos product is safe to use and it is found to be unreasonable dangerous, the manufacturer or seller could be held accountable for the resultant injuries.
Asbestos litigation can be complicated due to the fact that many of the asbestos-exposed companies have been bankrupt or were taken over by other companies. This is known as apportionment and state laws set the rules for how a jury or judge assigns liability to every defendant in a case.
For instance, in the case of Mary Wild v. Owens-Illinois, 705 A.2d 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 clothing or body.
Due to the lengthy time frame associated with mesothelioma, it is essential to keep track of all asbestos exposure, whether known or suspected. A mesothelioma lawyer can help people determine the best method to proceed.
Firefighter Cases
Firefighters are more prone to suffer from asbestos-related illnesses such as mesothelioma, than the general population. They typically have to deal with fires in buildings constructed with asbestos-containing materials. Even after a fire has been extinguished they might still be required to check for asbestos residue and safety hazards. This is particularly true for firefighters who conduct thorough inspections of 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 contained heavy metallic particles, burning plastic and numerous asbestos fibers. This is the reason that those who worked in the ground zero area are at a higher risk of developing mesothelioma or other types of cancer.
Asbestos particles can get into the tissues of a firefighter's body and become lodged there for years. This can cause inflammation, irritation and scar tissue that can lead to the development of the formation of a tumor. The tumor is known as mesothelioma, and it is one of four types of asbestos-related cancer. Passaic asbestos lawyer is the most frequent mesothelioma that is found in the lining of the lungs known as the pleura.
In addition to mesothelioma, firefighters are also at risk of developing lung cancer and other asbestos-related illnesses. Anyone diagnosed with an asbestos-related condition should talk to an experienced attorney regarding their situation. They could be eligible for workers compensation benefits, or they can bring a lawsuit against the companies responsible for their exposure to asbestos.
Levy Konigsberg has experience representing firefighters with mesothelioma and related illnesses. Our firm has also been involved in lawsuits against insurance companies to recover the full amount of the damages our clients are entitled to.
A lot of states have passed presumptive coverage for cancer laws for firefighters. These laws take the burden of firefighters suffering from cancer and assume that their illness is caused by their occupational asbestos exposure. This makes it easier to receive financial compensation, and help with medical expenses. We encourage anyone with an asbestos-related disease to contact an attorney for Mesothelioma to discuss their case. Contact us for an initial, free, confidential consultation.
Commercial Cases
If, for instance someone who worked in an asbestos-containing structure is diagnosed with mesothelioma, they could sue the property owner. In these kinds of cases, it's important to establish that the asbestos exposure was not only caused by occupational exposure, but also by other factors. It could be due to exposure to asbestos by a person who has the disease, or from contaminated consumer products like talcum.
Workers can also make claims against asbestos manufacturers according to the law of product liability. These claims are usually supported by evidence proving that the asbestos manufacturer's products were hazardous and unsafe. In addition to compensating asbestos victims the lawsuits also seek to penalize companies who ignored warning signs and kept placing dangerous products on the market.
Asbestos lawsuits can result in huge payouts to plaintiffs and their family members. For instance, those who are injured are entitled to compensation for past and future medical expenses, loss of normal life as well as lost earning capacity and emotional stress. Survivor spouses of victims of mesothelioma are also able to sue for loss in consortium.
Certain states have laws that are more favorable to mesothelioma plaintiffs than other states' laws. 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 obtained several multimillion-dollar verdicts and asbestos victims in other states have received compensation as well.
Many of the asbestos manufacturers filed for bankruptcy in the face of thousands of lawsuits. The bankruptcy process made it easier for plaintiffs to receive compensation, as the companies were not required to defend themselves in public trials.
Nonetheless, asbestos litigation is complex. The process of litigation starts with the filing of a lawsuit, collecting evidence such as medical records, and interviewing former colleagues, family members and doctors. It's important to consult with mesothelioma lawyers who have experience handling complex cases. A mesothelioma attorney will conduct a case evaluation for free to determine the date, time, and how you were exposed. This will assist you to file a claim. A mesothelioma attorney can assist you in obtaining a trust or insurance settlement.