How an Asbestos Lawyer Can Help You Understand Your Claim Options
A New York asbestos lawyer who is experienced can help victims to determine their options. A lawyer can identify the time and place when someone was exposed to the asbestos and which companies could be liable.
A victim may bring a personal injury lawsuit, a wrongful deaths lawsuit, or an asbestos trust funds claim. Each option has different requirements and results in different payouts.
Personal Injury Cases
Someone who suffers an injury from asbestos exposure may file a personal injury lawsuit to recover compensation. Depending on the type of injury, the victim could claim damages for medical bills, lost wages and suffering and pain. Families of the victim may also file a lawsuit for wrongful death to receive financial support and closure after losing a loved one to asbestos-related illnesses like mesothelioma.
Employers or manufacturers can be held responsible for an asbestos lawsuit if they breached their legal obligation to safeguard employees from injury. The duty of an employer is breached when they fail in hiring, training, maintenance and supervision. It can also be breached by selling or providing a defective product that results in injury.
It is important to consult with an attorney as soon as is possible after an exposure to asbestos since the laws of each state set time limits, also known as statutes of limitation, on the time a plaintiff must bring an action. In mesothelioma, the statute of limitations begins to run once the victim is diagnosed as having mesothelioma.
The types 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 may be able to file a premises liability lawsuit. For instance construction workers might be injured by asbestos in the power plant or the deck of a Navy ship. Anyone who has been exposed to asbestos by indirect means like washing the clothes of a loved one could also make a personal injury claim.
Asbest exposure was the cause of many mesothelioma cases. Certain of these cases have resulted in substantial settlements and jury awards. Class action lawsuits have been filed against businesses concerning how they handled asbestos or stored it on their properties.
The amount of compensation you could receive from a mesothelioma lawsuit depends on a variety of variables that include your age at the time of being diagnosed as well as the prognosis and expectancy of your disease as well as the severity of your injuries, and the amount of pain and suffering. Your lawyer and you must review your case details to determine the fair value of your mesothelioma suit.
Product Liability Cases
The law governing product liability allows asbestos-related victims to sue distributors, manufacturers, and retailers who sold dangerous products which led to their exposure. The defendants could also be held responsible 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 patients are exposed to asbestos during work in workplaces like shipbuilding and construction. Many cases of mesothelioma and other asbestos-related illnesses, are caused by non-occupational exposure, for example, living in or working in homes that are constructed using asbestos materials, or handling asbestos-containing third-party products.
The legal concepts of strict liability and breach of warranty are crucial to mesothelioma lawsuits. Strict liability is a form of negligence, which implies that a defendant is accountable for injury if they fail to meet the standard level of care that every 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. For instance, if a manufacturer or seller claims that the asbestos product is safe to use, and it is found to be unreasonable hazardous, the seller could be held accountable for the resultant injuries.
Asbestos litigation is complicated due to the fact that a lot of the companies that are responsible for asbestos exposure have gone bankrupt or been acquired by other companies. This is known as apportionment. State laws determine how a judge will assign responsibility to each defendant.
In the case of Mary Wild, v. Owens Illinois, 705 A.2d. 58 (Md. Ct. Spec. App. 1998) The mesothelioma suit filed by the decedent claimed that she was exposed to asbestos when she handled and laundered 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 her husband's clothes or body.
Due to the lengthy mesothelioma's latency time maintaining a thorough record of any known or suspected asbestos exposure is important. A knowledgeable mesothelioma lawyer can help individuals determine the best way to approach this task.
Firefighter Cases
Firefighters could be more susceptible than the general population to develop asbestos-related diseases such as mesothelioma. Their work typically involves extinguishing fires in buildings that were built using asbestos-containing materials. Even after a fire has been extinguished, they may need to examine the area for safety hazards and asbestos-related residues that could be present. This is especially true for firefighters who conduct thorough inspections of commercial and industrial buildings.
When the World Trade Center collapsed on 9/11, many firefighters were exposed toxic asbestos dust. This dust was contaminated with large metal particles, burning plastic and numerous tons of asbestos fibers. This is why those who worked at ground zero are more likely to developing mesothelioma or other types of cancer.
Asbestos particles can get into a firefighter's inner tissues and remain there for a long time. This can cause inflammation, irritation and scar tissue, which can lead to the formation of a tumor. This tumor is called mesothelioma and is one of the four types of cancers that are linked to asbestos. Pleural mesothelioma, the most frequent mesothelioma type, which forms in the lining of the lungs called the pleura.
In addition to mesothelioma, firefighters are at risk for lung cancer and other asbestos-related diseases. Those who have been diagnosed with an asbestos-related condition should talk to an experienced lawyer about their situation. They could be eligible to receive workers' compensation benefits or an asbestos lawsuit against the company accountable for their exposure.
Levy Konigsberg has experience representing firefighters suffering from mesothelioma and other related diseases. Our firm has also been involved in lawsuits against insurance companies to recover the total amount of damages our clients are entitled to.
A lot of states have passed presumptive coverage for cancer laws for firefighters. These laws take the burden on firefighters who have cancer, and presume that their condition is caused by asbestos exposure from their job. This could make it easier for those suffering from cancer to receive financial compensation and to pay medical expenses. We urge anyone suffering from an asbestos-related condition to contact a Mesothelioma Attorney to discuss their case. Contact us for a confidential, free consultation.
Commercial Cases
If, for instance, someone who was employed in an asbestos-containing facility is diagnosed with mesothelioma, they can sue the owner. In these types of cases, it's crucial to demonstrate that the exposure to asbestos was not solely caused by occupational exposure but also due to other factors. This could be from exposure from a second-hand source, such as a person suffering from the disease, or contaminated consumer products like talcum.
Workers can also make claims against asbestos manufacturers based on product liability law. These claims are often bolstered by evidence that the asbestos manufacturer's products were hazardous and defective. In addition to compensating asbestos victims, these lawsuits seek to slap companies who did not follow warning signs and continued making unsafe products available on the market.
Asbestos lawsuits can lead to large payouts to plaintiffs and their families. For instance, people who have been injured are entitled to the compensation they deserved for their past and future medical costs and loss of their normal lifestyle, lost earning capacity, and emotional distress. Survivor spouses of victims of mesothelioma can also claim compensation for loss of consortium.
Deltona asbestos lawyers are more favorable to mesothelioma patients than others. For instance the state of Illinois has a law that permits residents to sue asbestos companies for negligence and wrongful death. Its lawyers have won several multi-million-dollar settlements, and asbestos victims from other states have also been compensated.
Many asbestos producers declared bankruptcy in the facing of a flood 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 litigation process begins with the filing of a lawsuit, obtaining evidence like medical records, and appointing former family members, colleagues as well as doctors. It is essential to consult with a mesothelioma attorney who has expertise in handling complicated cases. A mesothelioma lawyer will conduct a free case evaluation to determine the time, place, and how you were exposed asbestos so that you can file an insurance claim. A mesothelioma lawyer will assist you in obtaining a trust or insurance settlement.