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 help determine when and where a person was exposed to asbestos and which companies may be liable.
A victim can file a personal injuries lawsuit, a wrongful death lawsuit or an asbestos trust fund claim. Each type of claim has different requirements and results in different payouts.
Personal Injury Cases
A person who is injured due to asbestos exposure may sue for compensation. A person may be eligible to claim damages for medical expenses, lost wages, as well as pain and suffering dependent on the nature and severity of their injuries. Families of the victim may also file a lawsuit for wrongful deaths to get financial compensation and closure after losing their loved ones to asbestos-related illnesses such as mesothelioma.
Employers or manufacturers can be held responsible for an asbestos lawsuit when they have violated their legal obligation to safeguard employees from danger. The duty of an employer is breached when they fail in hiring or training, maintenance, or supervision. It can also be breached by selling or providing a defective product that results in injury.
It is crucial to speak with an attorney as soon as is possible after an exposure to asbestos since state laws establish time limits, known as statutes of limitations, on the length of time a plaintiff is required to bring an action. In mesothelioma cases, the statute of limitations begins to run when the patient is diagnosed as having mesothelioma.
The kind of lawsuit one can file depend on how and where they were exposed. If asbestos was present at work, the 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. Anyone who has been exposed to asbestos by secondhand means such as washing the clothes of a loved one could also make a personal injury claim.
Asbestos exposure is the main basis for many mesothelioma cases. Certain of these cases have resulted into significant settlements and jury awards. Class action lawsuits have also been filed against companies regarding the way they handled or stored asbestos on their properties.
The amount of compensation that you may receive in a mesothelioma case is contingent on a variety of factors such as the age at when you were diagnosed and your prognosis, life expectancy, your injuries, and the extent of your suffering and pain. Your attorney and you must examine the specifics of your case to determine the fair value for your mesothelioma lawsuit.
Product Liability Cases
The law governing product liability allows asbestos-related victims to sue distributors, manufacturers and retailers who sold asbestos-related products that led to their exposure. The defendants could be held responsible for negligence. It's not common for more than one company due to the diversity of exposure sources, to be held liable for asbestos-related injuries.
Mesothelioma patients are exposed to asbestos on the job in occupational settings such as shipbuilding and construction. A large number of cases of mesothelioma and other asbestos-related illnesses are caused by non-occupational exposure, for example, living or working in homes constructed with asbestos materials, or handling asbestos-containing third-party products.
Mesothelioma cases rely on the legal concepts of strict liability and breach of warranty. Strict liability is one type of negligence. It means that a defendant is accountable for a recurrence if they fail to adhere to the standard of care that every other person in their position would exercise in similar circumstances.
A breach of warranty occurs when a manufacturer or seller makes a claim about their product that causes injury. If, for example, an advertiser or seller claims an asbestos product to be safe for use, but it proves to be dangerous in a way that is unreasonable the seller may be held accountable for the injuries.
Asbestos litigation can be complicated by the fact that many of the asbestos-exposed companies have gone bankrupt or were purchased by other companies. This is referred to as apportionment and state laws set the guidelines for how a jury or judge assigns liability to every defendant in a case.
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 handled 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 to the clothes and body of her husband.
Due to the long mesothelioma's latency, it is important to keep a record of all asbestos exposure, no matter if it is known or suspected. A mesothelioma lawyer will help individuals determine the best way to proceed.
Firefighter Cases
Firefighters are more likely to suffer from asbestos-related illnesses such as mesothelioma than other people. They typically have to put out fires in buildings built with asbestos-containing materials. Even after a blaze has been put out, firefighters might still be required to check for asbestos-related residues and safety hazards. This is particularly relevant for firefighters who conduct extensive building inspections for commercial and industrial buildings.
When the World Trade Center collapsed on 9/11 many firefighters were exposed to toxic asbestos dust. This dust contained massive metallic particles, burning plastic, and countless asbestos fibers. This is the reason why those who served at ground zero are at a greater risk of developing mesothelioma or other cancers.
Asbestos can be inhaled into the tissues of the firefighter and remain there for many years. This can cause irritation, inflammation, and scar tissue which results in the development of a tumour. This type of tumor is known as mesothelioma and is one of the four types of cancers that are linked to asbestos. Pleural mesothelioma, the most common mesothelioma that forms in the lining of the lungs known as the pleura.
Firefighters also face the risk of lung cancer and other asbestos related illnesses. A lawyer who has experience with asbestos-related diseases can assist those who have been diagnosed. They may be entitled to workers compensation benefits, or they could file a lawsuit against the companies that caused their exposure to asbestos.
Levy Konigsberg is experienced in representing firefighters suffering from mesothelioma or any other related illness. Our firm has also been involved in lawsuits against insurance companies to recover the total amount of damages our clients are entitled to.
A number of states have passed presumptive insurance laws for firefighters. These laws remove the burden from the firefighters with cancer and assume that their illness is caused by their occupational asbestos exposure. This could make it easier to receive financial compensation and also help with medical expenses. We encourage anyone with an asbestos-related condition to contact an attorney who specializes in Mesothelioma to discuss their case. Contact New Britain asbestos attorneys 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 essential to prove the asbestos exposure wasn't just caused by occupational exposure, but also by other factors. This could be a result of exposure from a second-hand source, such as a person suffering from the disease, or from contaminated consumer goods such as talcum.
Workers may also bring lawsuits against asbestos manufacturers based on product liability law. These claims are usually supported by evidence that asbestos manufacturer's product was dangerous and defective. These lawsuits aren't just targeted at paying compensation to asbestos victims, but also companies that ignored warnings and continued to place unsafe products on the market.
Asbestos lawsuits can result in massive payouts for plaintiffs and their families. Victims of injuries can be awarded compensation for the past and upcoming medical costs, loss in regular life, loss of earnings potential, and emotional distress. The spouses of survivors of mesothelioma may also be able to sue for loss of consortium.
Some state laws are more favorable to mesothelioma victims than others. Illinois is one of them. Illinois has a law that allows residents to bring lawsuits against asbestos-related companies for negligence and the wrongful death of a victim. Its lawyers have secured a number multi-million dollar verdicts, and asbestos victims from other states have also been compensated.
Thousands of asbestos lawsuits led to bankruptcy for many asbestos producers. The bankruptcy process allowed easier compensation for plaintiffs, since the companies did not need to defend their case in public.
Nonetheless, asbestos litigation is complex. The process of litigation involves the filing of a lawsuit and gathering evidence such as medical records and interviews with former co-workers or family members, as well as doctors. It is important to work with an experienced mesothelioma lawyer that has handled complicated cases. A mesothelioma lawyer will conduct an assessment of your case at no cost to determine when, where and the extent to which you were exposed. This will help you submit a claim. A knowledgeable mesothelioma lawyer can also assist you in filing for a trust fund or insurance settlement.