How an Asbestos Lawyer Can Help You Understand Your Claim Options
A New York asbestos lawyer who has experience can help victims to know 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 type of claim has different requirements and can result in different award.
Personal Injury Cases
Someone who suffers an injury from asbestos exposure could bring a personal injury lawsuit to seek compensation. Based on the nature of injury, a person may be able to claim damages for medical expenses and lost wages as well as suffering and pain. Family members of the victim may also file a wrongful death lawsuit to receive financial assistance to cover funeral expenses and also gain a sense closure following the loss of a loved person to mesothelioma or an asbestos-related illness.
Employers or manufacturers can be held responsible for an asbestos lawsuit in the event that they violated their legal obligation to protect employees from danger. The duty of an employer is breached when they fail in hiring, training, maintenance and supervision. It can also be breached by selling or supplying a defective product that causes injury.
It is crucial to consult an attorney as soon after exposure to asbestos as possible. State laws have time limitations (known as statutes or limitations) on the length of time plaintiffs have to file a suit. In mesothelioma cases the statute of limitations starts to run when the victim is diagnosed with mesothelioma or other asbestos disease.
The type of lawsuits that an individual may file will depend on the circumstances and the place they were exposed. A victim may have a premises liability claim when they were exposed to asbestos while at work. For example an employee working in construction may be injured by asbestos in the power plant or an Navy ship. Anyone who has been 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.
Many mesothelioma lawsuits have been brought against large corporations due to the fact that they caused the exposure of the victim to asbestos. Some of these cases resulted in substantial jury awards and settlements. Companies have also been accused of class action lawsuits for how they stored or handled asbestos on their premises.
The amount of money you can receive from a mesothelioma lawsuit depends on a variety of factors, including your age when diagnosed, the prognosis and life expectation of your condition and the severity of your injuries as well as the extent of suffering and pain. Your attorney and you should look over the details of your case to determine a fair value for your mesothelioma suit.
Product Liability Cases
The law on product liability permits asbestos-related victims to sue distributors, manufacturers, and retailers who sold hazardous products that led to their exposure. The defendants could also be held accountable for negligence. It's not common for more than one company, due to the variety of exposure sources and exposure sources, to be held accountable in the event of asbestos.
Mesothelioma is a result of asbestos exposure in the workplace, such as in shipbuilding and construction. A large number of cases of mesothelioma and other asbestos-related illnesses, result from non-occupational exposure, for example, living or working in homes that are constructed using asbestos materials, or handling products that contain asbestos from third parties.
Mesothelioma cases are based on the legal concepts of strict liability and breach of warranty. Elk Grove asbestos lawyers , which is a form of negligence, means that the defendant is accountable for any harm if they do not apply the same level of care that other people do in similar situations.
A breach of warranty is when a seller or manufacturer claims to be able to provide a product which leads to injuries. If, for instance, a manufacturer or seller declares an asbestos product to be safe for use, but it turns out to be unreasonably dangerous, the supplier could be held accountable for the injuries.
Asbestos litigation can be complicated by the fact that a lot of asbestos-exposed businesses have gone under or were purchased by other companies. This is known as the apportionment. State laws determine how a judge will assign liability 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 washed and cleaned husband's work clothes 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 clothing or body.
Due to the long-lasting latency associated with mesothelioma it is crucial to keep a record of all asbestos exposure, no matter if it is known or suspected. A mesothelioma lawyer will help individuals decide on the best way to proceed.
Firefighter Cases
Firefighters are more likely than the general population to contract asbestos-related illnesses like mesothelioma. Their work typically involves extinguishing fires in structures that were constructed using asbestos-containing materials. Even after a blaze has been extinguished they might still be required to check for asbestos-related residues and safety hazards. This is particularly true for firefighters who perform extensive building inspections for industrial and commercial facilities.
When the World Trade Center collapsed on 9/11, many firefighters were exposed toxic asbestos dust. The dust contained massive metallic particles, burning plastic and countless asbestos fibers. This is the reason why those who served at ground zero are at greater risk of developing mesothelioma or other cancers.
Asbestos is a substance that can be breathed into the tissues inside a firefighter, and remains there for many years. This can lead to inflammation, irritation and scar tissue that leads to the formation of a tumour. This type of tumor is known as mesothelioma and is one of the four types of cancer that are related to asbestos. Pleural mesothelioma is by far the most common mesothelioma type, which is found in the lung's lining called the pleura.
Firefighters also face the risk of developing lung cancer and other asbestos related illnesses. An attorney with experience in asbestos-related illnesses can help those who have been diagnosed. They could be eligible for benefits from workers' compensation or an asbestos lawsuit against the companies responsible for their exposure.
Levy Konigsberg is experienced in representing firefighters who have mesothelioma and other related illnesses. Our firm has also been involved in litigation against insurance companies for the full amount of damages our clients deserve.
A number of states have passed presumptive coverage for cancer laws for firefighters. These laws eliminate the burden of proof for firefighters suffering from cancer and assume that their condition was caused by their occupational exposure to asbestos. This could make it easier to get financial compensation and also help with medical expenses. We urge anyone suffering from an asbestos-related illness to speak with a Mesothelioma Attorney to discuss their case. Contact us to arrange a free, confidential consultation.
Commercial Cases
If, for example an employee who worked in an asbestos-containing structure is diagnosed with mesothelioma, they can sue the owner. In these kinds of instances, it is essential to prove that the asbestos exposure was not only caused by occupational exposure, but as well by other causes. It could be due to exposure from a second-hand source, such as a person suffering from the disease, or even from contaminated consumer goods such as talcum.
Workers can also file lawsuits that are based on the law of product liability against asbestos manufacturers. These claims are usually supported by evidence that asbestos manufacturer's product was dangerous and unsafe. These lawsuits aren't just focused on compensating asbestos victims but also companies who did not follow the warnings and put unsafe products on the market.
Asbestos-related lawsuits usually result in substantial settlements for plaintiffs and their families. Injured people can receive compensation for the past and upcoming medical expenses, loss of regular life, loss of earnings potential, and emotional distress. Survivor spouses of victims of mesothelioma are also able to be able to sue for loss of consortium.
Certain state laws are more favorable to mesothelioma sufferers than others. Illinois, for example, has a law that allows residents to sue companies involved in asbestos for negligence and negligent deaths. Its lawyers have secured a number multi-million dollar settlements, and asbestos victims from other states have also received compensation.
Thousands of asbestos-related lawsuits led to bankruptcy for many asbestos producers. The bankruptcy process resulted in more lenient compensation for plaintiffs since the companies didn't have to defend their claims in public.
Nonetheless, asbestos litigation is complex. The process of litigation begins with the filing of a lawsuit, collecting evidence like medical records, and interviewing former family members, colleagues as well as doctors. It is crucial to choose an attorney for mesothelioma who has 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 help you submit an insurance claim. A mesothelioma lawyer can help you apply for an insurance settlement or trust.