How an Asbestos Lawyer Can Help You Understand Your Claim Options
A New York asbestos lawyer who has experience can help victims determine their options. A lawyer can determine where and when someone was exposed to the asbestos and which companies may be liable.
A victim may file a personal injuries lawsuit, a wrongful-deaths lawsuit or an asbestos trust funds claim. Each of these options has its own requirements and results in different payouts.
Personal Injury Cases
Anyone who has been injured as a result of asbestos exposure could file a lawsuit for compensation. Depending on the type of injury, a person could claim damages for medical bills as well as lost wages, suffering and pain. The family members of the victim could also file a lawsuit for wrongful deaths to obtain financial assistance and closure after losing a loved ones to asbestos-related diseases like mesothelioma.
A manufacturer or employer can be held liable in an asbestos lawsuit if it breached its legal obligation to safeguard workers from injury. A breach of the duty of an employer could be due to negligence in hiring, training, or maintenance or supervision. A defective product that can cause injuries can be sold or provided.
It is essential to speak with an attorney as soon as possible after an exposure to asbestos because state laws set time limits, known as statutes of limitations on the time a plaintiff has to file an action. In mesothelioma-related cases, the statute of limitations starts to run the moment the victim is diagnosed with mesothelioma or another asbestos-related disease.
The type of lawsuits that one can file depend on the circumstances and the place they were exposed. A victim may be the subject of a premises liability suit when they were exposed to asbestos while at work. A construction worker could be injured by asbestos at an energy plant or on an Navy vessel. A person who was exposed to asbestos via secondhand means such as washing a loved one's clothes could also bring a personal injury lawsuit.
Asbestos exposure was the root cause of many mesothelioma cases. Certain of these cases have resulted in significant settlements and jury awards. Class action lawsuits have been filed against businesses regarding the way they handled asbestos or stored it on their premises.
The amount of compensation you can receive from a mesothelioma lawsuit depends on a variety of variables such as your age at the time you were diagnosed and the prognosis as well as life duration of your disease as well as the severity of your injuries, and the extent of pain and suffering. You and your lawyer should review your case details to determine the fair value of your mesothelioma lawsuit.
Product Liability Cases
The product liability law allows asbestos-related victims to sue distributors, manufacturers and retailers who sold asbestos-related products that caused their exposure. They can also be held accountable for their negligence. In the case of asbestos, it's not uncommon for several companies to be held accountable due to the wide range of possible exposure sources.
Mesothelioma victims are exposed to asbestos on the job in work environments such as shipbuilding and construction. However, many cases of mesothelioma and other asbestos-related ailments result from non-occupational exposures too, for example, living in homes constructed using asbestos materials, going to or working on areas that contain asbestos or handling asbestos-containing items that are sold by third-party sellers.
The legal concepts of strict liability and breach of warranty are essential to mesothelioma lawsuits. Strict liability, which is a type of negligence, means that the defendant is liable for any harm if they do not apply the same level of care that other people do in similar circumstances.
A breach of warranty occurs when a seller or seller makes a claim about their product that causes injuries. For instance when a manufacturer or seller claims that their 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 is complicated due to the fact that many of the companies responsible for asbestos exposure have gone into bankruptcy or were acquired by other companies. This is referred to as apportionment and state laws establish the rules for how a jury or judge determines the liability of every 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 decided that Bethlehem Steel did not owe Mrs. Wild a duty to warn about the foreseeable risks of asbestos exposure to her husband's clothing and body.
Due to the lengthy mesothelioma's latency, it is essential to keep track of all asbestos exposure, regardless of whether it is known or suspected. A mesothelioma lawyer can help individuals determine the best way to proceed.
Firefighter Cases
Firefighters are more prone to develop asbestos-related illnesses like mesothelioma than other people. They typically have to deal with fires in buildings constructed using asbestos-containing materials. Even after a blaze has been put out, firefighters will still have to look for asbestos residue and safety risks. This is especially true for firefighters who conduct in-depth inspections of industrial and commercial buildings.
When the World Trade Center collapsed on 9/11 many firefighters were exposed to toxic asbestos dust. This dust contained large metal particles, burning plastic, and many tons of asbestos fibers. This is why people who served at ground zero are at a greater risk of developing mesothelioma or other cancers.
Asbestos particles can be breathed into the tissues of a firefighter's body and remain there for a long time. This can cause inflammation, irritation, and scar tissue which leads to the formation of a tumor. This tumor is called mesothelioma and is one of the four types of cancer related to asbestos. Pleural mesothelioma is the most prevalent mesothelioma that is found in the lung's lining called the pleura.
In addition to mesothelioma, firefighters are at risk of developing lung cancer and other asbestos-related illnesses. An attorney with experience in asbestos-related illnesses can assist those who have been diagnosed. They may be entitled to workers' compensation benefits, or they can bring a lawsuit against the companies responsible for their exposure to asbestos.
Levy Konigsberg is experienced in representing firefighters with mesothelioma or other related illnesses. Our firm has also been involved in lawsuits against insurance companies for the full amount of damages our clients deserve.
A lot of states have passed presumptive cancer coverage laws for firefighters. These laws remove the burden on firefighters suffering from cancer and assume that their illness is due to their occupational asbestos exposure. Hoover asbestos lawsuits makes it easier for those suffering from cancer to receive financial compensation as well as help cover medical expenses. We urge anyone suffering from an asbestos-related illness to speak with a Mesothelioma Attorney to discuss their case. Contact us for a confidential, no-cost consultation.
Commercial Cases
For example when an employee of 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 was not just caused by occupational exposure, but also by other factors. This could be due to exposure from someone who has the disease or from contaminated consumer products such as talcum powder.
Workers can also bring lawsuits against asbestos manufacturers based on product liability law. These claims are usually backed by evidence that shows the asbestos manufacturer's product was dangerous and unsafe. In addition to compensating asbestos victims These lawsuits aim to penalize companies who did not follow warning signs and continued making unsafe products available on the market.
Asbestos lawsuits typically result in substantial 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 and earning capacity, and emotional anxiety. The spouses of survivors of mesothelioma are also able to sue for loss in consortium.
Certain state laws are more favorable for mesothelioma patients than other. Illinois is one of them. Illinois has a law that allows residents to sue companies involved in asbestos for negligence and wrongful deaths. Its lawyers have won a number multi-million dollar verdicts and asbestos victims from other states have also received compensation.
Thousands of asbestos lawsuits resulted in bankruptcy for many asbestos manufacturers. The bankruptcy process allowed easier compensation for plaintiffs, since the companies didn't have to defend their claims in the public eye.
Nonetheless, asbestos litigation is complex. The process of litigation involves the filing of a complaint, gathering evidence like medical records and interviews with former colleagues or family members, as well as doctors. It is essential to work with an attorney for mesothelioma who has experience handling complex cases. A mesothelioma lawyer will perform an assessment of your case at no cost to determine when, where and the extent to which you were exposed. This will assist you to make an insurance claim. A mesothelioma lawyer will help you apply for an insurance settlement or trust.