How an Asbestos Lawyer Can Help You Understand Your Claim Options
A knowledgeable New York asbestos lawyer can help victims understand their claim options. A lawyer can determine the time and place that a person was exposed to asbestos and what businesses could be accountable.
A victim may make a personal injury claim, a wrongful death lawsuit or an asbestos trust fund claim. Each has its own set of requirements and award.
Personal Injury Cases
Someone who suffers an injury from asbestos exposure can file a personal injury lawsuit to seek compensation. Depending on the type of injury, the victim could claim damages for medical bills and lost wages as well as suffering and pain. Families of the victim can also file a lawsuit for wrongful death to get financial compensation and closure after losing a loved ones to asbestos-related illnesses such as mesothelioma.
A manufacturer or employer could be held accountable for an asbestos lawsuit if they breached their legal obligation to safeguard employees from harm. The duty of an employer could be violated by negligent hiring or training, maintenance, or supervision. A defective product that can cause injuries can also be sold or marketed.
It is crucial to speak with an attorney as soon as you can after an exposure to asbestos as state laws set time limitations, also known as statutes of limitation, on the length of time a plaintiff must bring a lawsuit. For mesothelioma, the statute of limitations starts to run once the victim is diagnosed with mesothelioma.
The kind of lawsuits one can file depend on how and where they were exposed. If asbestos was present at work, a victim may be subject to a premises-liability lawsuit. For instance construction workers may be injured by asbestos in an energy plant or on the deck of a Navy ship. Anyone who has been exposed to asbestos by secondhand means such as washing a loved one's clothes could also bring a personal injury lawsuit.
Many mesothelioma lawsuits have been filed against large corporations because they were responsible for the victim's exposure to asbestos. Some of these cases resulted in substantial jury awards and settlements. Class action lawsuits have also been filed against companies regarding how they dealt with asbestos or stored it on their properties.
The amount of compensation you could receive from a mesothelioma suit is contingent on a variety of factors such as your age at the time you were diagnosed, the prognosis and life expectation of your disease, the extent of your injuries as well as the amount of suffering and pain. You and your lawyer should review your case details to determine the fair value of your mesothelioma suit.
Product Liability Cases
Product liability law allows asbestos victims to sue the manufacturers, distributors and retailers of hazardous products that led to their exposure. These defendants may also be held accountable for negligence. In the case of asbestos, it's typical for several companies to be held accountable due to the wide range of potential exposure sources.
Mesothelioma victims are exposed to asbestos while working in occupational settings such as construction and shipbuilding. Many 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 asbestos-containing third-party products.
The legal concepts of strict liability and breach of warranty are key to mesothelioma lawsuits. Strict liability, which is a type of negligence, implies that the defendant is responsible for any injury if they fail to exercise the same level of care as other individuals in similar circumstances.
A breach of warranty occurs when a manufacturer or seller makes a claim about their product that leads to injuries. For instance, if 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 could be held accountable 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 called apportionment, and state laws set the rules that govern how a judge or jury 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 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 the clothing of her husband or his body.
Because of the long mesothelioma's latency time maintaining a thorough record of any known or suspected asbestos exposure is important. A knowledgeable mesothelioma lawyer can guide individuals on how to tackle this task.
Firefighter Cases
Firefighters may be more likely than the general population to suffer from asbestos-related diseases such as mesothelioma. Their work typically involves extinguishing fires in older structures that were constructed using asbestos-containing materials. Even after a fire is extinguished, they may need to inspect the area for potential safety hazards and possible asbestos residue. 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 the firefighters were exposed to toxic asbestos dust. This dust was contaminated with heavy metal particles, burning plastic, and numerous tons of asbestos fibers. This is the reason that those who worked in the ground zero area are more likely to developing mesothelioma or other cancers.
Asbestos particles can get into a firefighter's inner tissues and become lodged there for a long time. This can lead to irritation, inflammation, and scar tissue which results in the development of a tumor. The mesothelioma tumor is a type of cancer and is one of the four types of cancer related to asbestos. Pleural mesothelioma is the most frequent mesothelioma that develops in the lining of the lungs known as the pleura.
In addition to mesothelioma, firefighters are also at risk of developing lung cancer and other asbestos-related diseases. A lawyer who has experience with asbestos-related illnesses can assist those who have been diagnosed. They could be eligible for workers' compensation benefits or an asbestos lawsuit against the company responsible for their exposure.
Levy Konigsberg has experience representing firefighters suffering from mesothelioma and other related illnesses. Our firm is also experienced in pursuing litigation against insurance companies to get the full amount of damages our clients are entitled to.
A number of states have passed presumptive cancer coverage laws for firefighters. These laws remove the burden of proof from the firefighters suffering from cancer and assume that their condition was caused by their occupational exposure to asbestos. This makes it easier to receive financial compensation, and help cover medical costs. We advise those suffering from an asbestos-related disease to speak with an attorney for mesothelioma to discuss their case. Contact us for an initial, free, confidential consultation.
Commercial Cases
If, for example, someone who worked in an asbestos-containing building is diagnosed with mesothelioma, they can sue the owner. In these types of instances, it is essential to demonstrate that the asbestos exposure wasn't just caused by occupational exposure but also due to other factors. This could include exposure by someone with the disease or by contaminated consumer products such as talcum powder.
Workers can also make claims based on product liability laws against asbestos manufacturers. Arlington asbestos lawyers are often bolstered by evidence that shows the asbestos products of the manufacturer were dangerous and defective. In addition to compensating asbestos victims the lawsuits also seek to slap companies who did not follow warning signs and continued putting unsafe products 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 compensation for past and future medical expenses as well as loss of normal living as well as lost earning capacity and emotional anxiety. The spouses of survivors of mesothelioma are also able to claim compensation for loss of consortium.
Some states' laws are more favorable to mesothelioma patients than other states' laws. For instance the state of Illinois has a law that 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 been compensated.
Thousands of asbestos lawsuits resulted in bankruptcy for many asbestos manufacturers. The bankruptcy process made it easier for plaintiffs to get compensation since the companies did not have to defend themselves in public trials.
Nonetheless, asbestos litigation is complex. The process of litigation involves the filing of a lawsuit and gathering evidence, such as medical records and interviewing former colleagues, family members and doctors. It's important to consult with an attorney for mesothelioma who has the experience of handling cases that are complex. 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 allow you to file a claim. A mesothelioma lawyer can help you apply for an insurance settlement or trust.