How an Asbestos Lawyer Can Help You Understand Your Claim Options

A knowledgeable New York asbestos lawyer can help victims understand their options regarding claims. A lawyer can determine when and where someone was exposed to asbestos, and what companies could be responsible.

A victim may file a personal injury lawsuit or wrongful death suit or an asbestos trust fund claim. Each type of claim has different requirements and result in different payouts.

Personal Injury Cases

Anyone who has been injured as a result of asbestos lawsuit exposure could sue for compensation. The plaintiff may be able to claim damages for medical expenses, lost wages and pain and suffering dependent on the nature and severity of their injury. The family members of the victim could also pursue a lawsuit for wrongful death to get financial compensation and closure following the loss of their loved one to asbestos-related illnesses such as mesothelioma.

An employer or manufacturer can be held liable in an asbestos lawsuit if they violated its legal obligation to safeguard workers from injuries. The duty of an employer can be breached by negligent hiring training, maintenance, and supervision. A defective product that leads to injuries may also be sold or supplied.

It is crucial to consult with an attorney as soon as is possible after an exposure to asbestos as state laws establish time limitations, also known as statutes of limitations on how long a plaintiff is required to file a lawsuit. In mesothelioma cases, the statute of limitations begins to run as soon as the victim is diagnosed with mesothelioma or another asbestos-related diseases.

The type of lawsuits an individual may be able to file will depend on the place and how they were exposed to asbestos. A victim may be the subject of a premises liability claim in the event that they were exposed asbestos at work. A construction worker may be injured by asbestos in a power station or on the deck of a Navy vessel. Anyone who has been exposed to asbestos through indirect means like washing the clothes of a loved one can also file a personal injury lawsuit.

Asbestos exposure is the main basis for many mesothelioma cases. Some of these cases have resulted in large jury awards and settlements. Companies have also been accused of class action lawsuits over the way they handled asbestos on their premises.

The amount of money you could receive from a mesothelioma lawsuit depends on a variety of factors that include your age at the time of being diagnosed, the prognosis and life expectancy of your illness as well as the severity of your injuries and the amount of suffering and pain. You and your lawyer should examine the details of your case to determine the fair value of your mesothelioma suit.

Product Liability Cases

The law governing product liability allows asbestos victims to sue distributors, manufacturers and retailers of dangerous products that caused their exposure. They can be held responsible for negligence. It is not uncommon for more than one company due to the wide variety of exposure sources, to be held liable in the event of asbestos.

Mesothelioma is caused by asbestos exposure in the workplace, such as in construction and shipbuilding. However many cases of mesothelioma and other asbestos-related illnesses stem from non-occupational exposure too, for example, living in homes that are constructed with asbestos-containing materials, visiting or working on sites containing asbestos, or handling asbestos-containing products sold by third parties.

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

A breach of warranty is when a manufacturer or seller claims to be able to provide a product which leads to injuries. If, for example, a manufacturer or seller declares an asbestos product to be safe to use but it turns out to be unreasonably dangerous the seller may be held responsible for the injuries.

Asbestos litigation can be complicated due to the fact that many of the companies responsible for asbestos exposure have either gone bankrupt or been acquired by other companies. This is referred to as apportionment and state laws define the guidelines for the way a judge or jury 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. 1998) The mesothelioma case of the deceased 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 through her husband's clothes or body.

Because of the long latency period associated with mesothelioma keeping a complete record of any suspected or known asbestos exposure is essential. An experienced mesothelioma lawyer will guide individuals on how to tackle this task.

Firefighter Cases

Firefighters could be more susceptible than the general population to contract asbestos-related illnesses like mesothelioma. Their work often involves putting out fires in older buildings that were built using asbestos-containing materials. Even after a fire 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 facilities.

When the World Trade Center collapsed on 9/11, many firefighters were exposed toxic asbestos dust. This dust contained massive metallic particles, burning plastic and numerous asbestos fibers. This is 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 remain there for years. This can cause inflammation, irritation, and scar tissue which results in the development of a tumor. This tumor is known as mesothelioma and is one of four types of asbestos-related cancer. The most frequent mesothelioma form is found in the lining that lines the lungs, referred to as the Pleura.

In addition to mesothelioma, firefighters are also at risk for lung cancer and other asbestos-related diseases. A lawyer with experience in asbestos-related illnesses can assist those who have been diagnosed. They may be eligible for benefits from workers' compensation or an asbestos lawsuit against companies responsible for their exposure.

Levy Konigsberg is experienced in representing firefighters with mesothelioma or any other related illness. Our firm has also been involved in litigation against insurance companies for the full amount of the damages our clients deserve.

A number of states have passed presumptive insurance laws for firefighters. These laws take the burden of proof from the firefighters who have cancer and assume that their condition was the result of their work exposure to asbestos. This could make it easier to receive financial compensation and aid in the payment of medical expenses. We encourage those with an asbestos-related condition to speak with a mesothelioma attorney to discuss their case. Contact us for a confidential, free consultation.

Commercial Cases

If, for example an employee who was employed in an asbestos-containing facility is diagnosed with mesothelioma, they could sue the property owner. In these instances, it is important to prove that the asbestos exposure was not just caused by occupational exposure, but also from other factors. This could include exposure by someone with the disease or by contamination of consumer products like talcum powder.

Workers can also make claims in accordance with the laws on product liability against asbestos lawyers producers. These claims are usually backed by evidence that asbestos manufacturer's product was dangerous and defective. In addition to compensating asbestos victims, these lawsuits seek to punish companies that did not follow warning signs and continued putting unsafe products on the market.

Asbestos lawsuits often result in huge payouts for plaintiffs and their families. Victims of injuries can be awarded compensation for the past and upcoming medical costs, loss in normal life, loss of earning potential, and emotional stress. The spouses of survivors of mesothelioma can also sue for loss in consortium.

Some states' laws are more favorable to mesothelioma sufferers than other. For instance, the state of Illinois has a statute which permits residents to sue asbestos companies for negligence and wrongful death. The lawyers of the state have won many multi-million dollar verdicts, and asbestos victims from other states have also received compensation.

Thousands of asbestos lawsuits led to bankruptcy for many asbestos producers. The bankruptcy process made it easier for plaintiffs to receive compensation, as the companies did not have to defend themselves in public trials.

Nonetheless, asbestos litigation is complex. The litigation process begins with the filing of a lawsuit, gathering evidence like medical records, and obtaining interviews with former family members, colleagues and doctors. It is essential to choose mesothelioma lawyers who have expertise in handling complicated cases. A mesothelioma lawyer will perform an assessment of your case at no cost to determine when, where and how you were exposed. This will help you make an insurance claim. A mesothelioma lawyer who is knowledgeable will also assist you in filing for a trust fund or insurance settlement.