How an
asbestos attorneys Lawyer Can Help You Understand Your Claim Options
A skilled New York
asbestos lawyer can assist victims in understanding their options for claiming. A lawyer can determine the time and place when someone was exposed to the asbestos and which companies could be liable.
A victim can file a personal injury lawsuit or wrongful death suit or an asbestos trust fund claim. Each has its own rules and awards.
Personal Injury Cases
Anyone who has been injured by asbestos exposure can file a lawsuit for compensation. The plaintiff may be able to claim damages for medical expenses, lost wages and pain and suffering, according to the nature and severity of their injury. The victim's family members may also file a wrongful-death lawsuit to receive financial assistance to cover funeral costs and gain a sense of closure following the loss of a loved one to mesothelioma or another asbestos-related disease.
A manufacturer or employer could be held accountable for an
asbestos attorneys lawsuit, if they breached their legal obligation to safeguard employees from danger. A breach of the duty of an employer may be the result of negligent hiring, training and maintenance, or oversight. A defective product that leads to injuries can also be sold or supplied.
It is crucial to consult with an attorney as soon as you can after exposure to asbestos as state laws set time limits, also known as statutes of limitations on the time a plaintiff has to file a lawsuit. In mesothelioma cases the statute of limitations begins to run the moment the victim is diagnosed with mesothelioma or other asbestos disease.
The types of lawsuits that an individual can pursue will depend on the location and how they were exposed to asbestos. If asbestos was present at work, the victim could have a premises-liability lawsuit. A construction worker could be injured by asbestos at an energy plant or on an Navy vessel. A person who was exposed to asbestos through indirect means like washing the clothes of a loved one could also file a personal injury lawsuit.
Asbest exposure was the basis for many mesothelioma cases. Some of these cases have 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 money you could receive from a mesothelioma lawsuit depends on a number of factors such as your age at the time you were diagnosed, the prognosis and life expectation of your condition as well as the severity of your injuries and the extent of 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
The law governing product liability allows asbestos-related victims to sue manufacturers, distributors and retailers who sold asbestos-related products that caused their exposure. These defendants may also be held accountable for negligence. It is not common for more than one company, due to the variety of exposure sources that they are held accountable for asbestos-related injuries.
Mesothelioma sufferers are exposed to
asbestos lawsuits while working in work environments such as shipbuilding and construction. However mesothelioma cases in a majority of cases and other asbestos-related illnesses result from non-occupational exposures too, for example, living in homes that are constructed using asbestos materials, going to or working on areas that contain asbestos or handling asbestos-containing products sold by third parties.
Mesothelioma cases are based upon the legal concepts of strict responsibility and breach of warranty. Strict liability is a form of negligence, which implies that a defendant is liable for an injury when they fail to meet the standard of care that a person in their position would exercise under similar circumstances.
A breach of warranty occurs when a producer or seller makes a claim regarding their product that leads to injuries. If, for instance, the seller or manufacturer declares an asbestos product to be safe for use, but it proves to be dangerous in a way that is unreasonable, the supplier could be held accountable for injuries.
Asbestos litigation can be complicated by the fact many of the asbestos-exposed companies have gone bankrupt or were taken over by other companies. This is referred to as apportionment and state laws set the rules for the way a judge or jury determines the liability of each defendant in a particular case.
For instance in the case of Mary Wild v. Owens-Illinois, 705 A.2d 58 (Md. Ct. Spec. App. 1998), the mesothelioma case of the deceased claimed that she was exposed to asbestos when she washed and cleaned her husband's work clothing at Bethlehem Steel. The court ruled Bethlehem Steel was not required to warn Mrs. Wild about the risks of asbestos exposure from the clothing of her husband or his body.
Due to the long time frame associated with mesothelioma, it is essential to keep a record of all asbestos exposure, whether known or suspected. A knowledgeable mesothelioma lawyer can guide individuals on how to approach this issue.
Firefighter Cases
Firefighters are more likely than the general population to suffer from asbestos-related diseases such as mesothelioma. They are often required to put out fires in buildings constructed with asbestos-containing materials. Even after a fire is extinguished, they may need to examine the area for potential safety hazards and asbestos-related residues that could be present. This is especially true for firefighters who perform thorough inspections of buildings 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 countless asbestos fibers. This is the reason why those who worked at ground zero are at a greater chance of developing mesothelioma and other cancers.
Asbestos particles can get into a firefighter's inner tissues and remain there for a long time. This can cause irritation, inflammation and scar tissue that can lead to the development of an enlargement of. The tumor is known as mesothelioma and is one of the four types of asbestos-related cancers. The most frequent mesothelioma type is found in the lining of the lungs, which is known as the pleura.
Firefighters also face the risk of lung cancer and other asbestos related illnesses. A lawyer with experience in asbestos-related diseases can assist those who have been diagnosed. They could be eligible to receive workers' compensation benefits or an
asbestos lawsuit against companies that are responsible for their exposure.
Levy Konigsberg has experience representing firefighters suffering from mesothelioma and other related diseases. Our firm is also skilled in pursuing lawsuits against insurance companies to get the full amount of damages that our clients deserve.
A number of states have adopted presumptive coverage laws for firefighters. These laws relieve the burden of firefighters who have cancer, and presume that their condition is due to their occupational asbestos exposure. This could make it easier to obtain financial compensation and help with medical expenses. We advise those suffering from an asbestos-related condition to speak with a mesothelioma attorney to discuss their case. Contact us for a confidential, no-cost consultation.
Commercial Cases
If, for example an employee who worked in an asbestos-containing building is diagnosed with mesothelioma they may sue the owner. In these kinds of cases, it's crucial to establish that the asbestos exposure was not only caused by occupational exposure but also due to other factors. This could include exposure by someone with the disease or by contamination of consumer products like talcum powder.
Workers also might bring lawsuits against asbestos manufacturers according to the law of product liability. These claims are usually supported by evidence that the asbestos manufacturer's product was dangerous and defective. These lawsuits aren't only targeted at the compensation of asbestos victims, but also companies who ignored warnings and continued to sell unsafe products to the market.
Asbestos-related lawsuits usually result in substantial settlements for plaintiffs and their families. Victims of injuries can be awarded compensation for the past and upcoming medical expenses, loss of regular life, loss of earnings potential, and emotional stress. Spouses of victims of mesothelioma can also claim compensation for loss of consortium.
Some states have laws that are more favorable to mesothelioma plaintiffs than other states' laws. For instance, the state of Illinois has a statute that permits residents to sue asbestos companies for negligence and wrongful deaths. Its lawyers have secured many multi-million dollar verdicts and asbestos victims from other states have also received compensation.
Many of the asbestos manufacturers declared bankruptcy in the face of a plethora of lawsuits. The bankruptcy process resulted in easier compensation for plaintiffs, since the companies didn't have to defend their cases in public.
Nonetheless, asbestos litigation is complex. The process of litigation begins with the filing of a lawsuit, obtaining evidence, such as medical records and appointing former family members, colleagues, and doctors. It is essential to consult with mesothelioma lawyers who have expertise in handling complicated cases. A mesothelioma lawyer will conduct a free case evaluation to determine when, where and how you were exposed to asbestos so that you can file an claim. A mesothelioma lawyer will assist you in obtaining an insurance settlement or trust.