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How an Asbestos Lawyer Can Help You Understand Your Claim Options

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

A victim may file a personal injury lawsuit, a wrongful death lawsuit or an asbestos trust fund claim. Each option has different requirements and result in different award.

Personal Injury Cases

A person who is injured by asbestos exposure can file a personal injury lawsuit to seek compensation. The plaintiff may be eligible to claim damages for medical expenses, lost wages and pain and suffering depending on the type and severity of their injuries. The family members of the victim could also pursue a lawsuit for wrongful death to get financial compensation and closure after losing a loved ones to asbestos-related diseases like mesothelioma.

Employers or manufacturers can be held responsible for an asbestos lawsuit, if they breached their legal obligation to protect employees from harm. A breach of an employer's duty could be due to negligence in hiring, training and maintenance, or supervision. It can also be breached by selling or supplying a defective product that can cause injury.

It is crucial to consult an attorney as soon following exposure to asbestos as you can. State laws impose time limits (known as statutes or limitations) on the length of time plaintiffs are required to bring a lawsuit. In mesothelioma cases, the statute of limitation begins to run when the victim is diagnosed with mesothelioma.

The kind of lawsuit an individual can file will depend on the manner and location they were exposed. A victim could be able to file a premises liability lawsuit when they were exposed to asbestos at work. A construction worker may be injured by asbestos in a power station or on an Navy vessel. Someone who was exposed by second-hand exposure to asbestos, like when washing the clothes of a loved one, may also bring a lawsuit to claim personal injury.

Asbestos exposure is the main basis for many mesothelioma cases. Certain 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 lawsuits on their premises.

The amount of money you could receive from a mesothelioma suit is contingent on a number of factors that include your age at the time of being diagnosed as well as the prognosis and expectation of your condition and the severity of your injuries and the extent of pain and suffering. Your lawyer and you should examine the details of your case to determine the fair value of your mesothelioma case.

Product Liability Cases

The product liability law allows asbestos-related victims to sue distributors, manufacturers and retailers who sold asbestos-related products that led to their exposure. These defendants may also be held accountable for negligence. It's not unusual for more than one company due to the diversity of exposure sources and exposure sources, to be held accountable for asbestos-related injuries.

Mesothelioma is a result of 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 constructed with asbestos materials, or handling asbestos-containing third-party products.

Mesothelioma cases are based on the legal concepts of strict responsibility and breach of warranty. Strict liability, which is a form of negligence, implies that the defendant is accountable for any injury they suffer if they do not take the same amount of care as other people in similar circumstances.

A breach of warranty occurs when a manufacturer or seller claims to be able to provide a product that causes injury. For instance when a manufacturer or seller declares that the asbestos product is safe to use and it turns out to be unreasonably hazardous, the seller could be held liable for the resulting injuries.

Asbestos litigation can be complicated by the fact that a lot of asbestos attorneys-exposed businesses have gone under or were purchased by other companies. This is called apportionment, and state laws define the guidelines for how a jury or judge assigns liability to each 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 declared 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 long latency associated with mesothelioma it is essential to keep a record of all asbestos exposure, no matter if it is known or suspected. A knowledgeable mesothelioma lawyer can help individuals determine the best way to tackle this task.

Firefighter Cases

Firefighters are more likely develop asbestos-related illnesses like mesothelioma than the general public. They are often required to extinguish fires in structures built with asbestos-containing materials. Even after a fire has been extinguished, firefighters may have to examine the area for potential safety hazards and possible asbestos residue. This is particularly true for firefighters who conduct in-depth inspections of commercial and industrial buildings.

When the World Trade Center collapsed on 9/11 many firefighters were exposed to toxic asbestos dust. The dust contained large metallic particles, burning plastic, and countless asbestos fibers. This is the reason why those who served at ground zero are at greater chance of developing mesothelioma and other cancers.

Asbestos can enter the inner tissues of a firefighter, and remains there for many years. This can cause irritation, inflammation and scar tissue that results in the development of a tumor. This tumor is known as mesothelioma, and it is one of the four kinds of asbestos-related cancer. Pleural mesothelioma is the most common mesothelioma type, which forms in the lining of the lungs called the pleura.

Firefighters also face the risk of developing lung cancer and other asbestos-related diseases. Anyone diagnosed with an asbestos-related condition should consult an experienced lawyer about their situation. They could be eligible for workers' compensation benefits, or could bring a lawsuit against the companies that caused 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 total amount of damages our clients deserve.

A number of states have passed presumptive coverage laws for firefighters. These laws relieve the burden of firefighters with cancer and assume that their illness is caused by their occupational asbestos exposure. This can make it easier to get financial compensation and aid in the payment of medical expenses. We recommend those suffering from an asbestos-related condition to speak with an attorney for mesothelioma to discuss their case. Contact us for a confidential, free consultation.

Commercial Cases

For example, if someone who worked in an asbestos-containing structure is diagnosed with mesothelioma they could sue the building owner. In these kinds of instances, it is essential to establish that the exposure to asbestos was not only caused by occupational exposure, but as well by other causes. This could be due to exposure by someone with the disease, or through contaminated consumer products such as talcum powder.

Workers can also make claims against asbestos manufacturers based on product liability law. These claims are often supported by evidence that asbestos manufacturer's product was dangerous and unsafe. In addition to compensating asbestos victims the lawsuits also seek to penalize companies who ignored warnings and continued placing dangerous products on the market.

Asbestos lawsuits often result in huge payouts to plaintiffs and their families. 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. The spouses of survivors of mesothelioma can also sue for loss in consortium.

Some states have laws that are more favorable to mesothelioma plaintiffs than others. Illinois is one of them. Illinois has a law that allows residents to sue asbestos-related companies for negligence and negligent deaths. The lawyers of the state have secured numerous multimillion-dollar judgments, and asbestos lawsuits victims in other states have received compensation as well.

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

Nonetheless, asbestos litigation is complex. The process of litigation begins with the filing of a lawsuit, gathering evidence, such as medical records and appointing former family members, colleagues, and doctors. It is crucial to consult with a skilled mesothelioma lawyer that has handled complicated cases. A mesothelioma lawyer will conduct an evaluation of your case for free to determine the time, place, and the manner in which you were exposed to asbestos so that you can file a claim. A mesothelioma lawyer can assist you in obtaining a trust or insurance settlement.