How an Asbestos Lawyer Can Help You Understand Your Claim Options
A New York asbestos lawyer who is experienced can help victims to understand their options. A lawyer can help determine the time and place that a person was exposed to asbestos, and what companies may be liable.
A victim can make a personal injury lawsuit, a wrongful deaths lawsuit, or an asbestos trust fund claim. Each has its own rules and award.
Personal Injury Cases
A person who suffers an injury from asbestos exposure can pursue a personal injury suit to claim compensation. Depending on the nature 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 wrongful death lawsuit for financial support to cover funeral costs and also gain a sense closure after losing a loved one to mesothelioma or another asbestos-related disease.
A manufacturer or employer can be held liable for an asbestos lawsuit if they violated its legal duty to protect workers from harm. A breach of the duty of an employer could be due to negligence in hiring, training, maintenance or supervision. A defective product that can cause injuries can also be sold or supplied.
Chandler asbestos lawyer is crucial to consult with an attorney as soon as possible after an exposure to asbestos because the laws of each state set time limits, known as statutes of limitations, on the time a plaintiff is required to file a lawsuit. In mesothelioma, the statute of limitations starts to run when the patient is diagnosed with mesothelioma.
The type of lawsuits that an individual can be able to file will depend on the place and how they were exposed to asbestos. If asbestos was present at work, the victim may be able to file a premises liability lawsuit. Construction workers could be injured by asbestos in a power station or on a Navy vessel. Someone who was exposed to asbestos by secondhand means such as washing the clothes of a loved one may also file a personal injury lawsuit.
Many mesothelioma lawsuits have been brought against large corporations due to the fact that they caused the exposure of the victim to asbestos. Certain of these cases resulted in substantial settlements and jury awards. Class action lawsuits have been filed against businesses in relation to how they handled or stored asbestos on their property.
The amount of money you can receive from a mesothelioma case is contingent 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 and the severity of your injuries and the extent of pain and suffering. Your lawyer and you should examine the details of your case to determine the fair value of your mesothelioma suit.
Product Liability Cases
The law of product liability permits asbestos victims to sue the distributors, manufacturers and retailers of hazardous products that led to their exposure. The defendants could also be held accountable for negligence. It's not uncommon for more than one business due to the diversity of exposure sources and exposure sources, to be held accountable in the case of asbestos.
Mesothelioma patients are exposed to asbestos while working in work environments like shipbuilding and construction. Many cases of mesothelioma, and other asbestos-related illnesses result from non-occupational exposure, such as living or working in homes that are constructed using asbestos-containing materials or handling products containing asbestos that are manufactured by third parties.
The legal concepts of strict liability and breach of warranty are key to mesothelioma lawsuits. Strict liability, which is a type of negligence, means that the defendant is liable for any harm if they fail to exercise the same level of care as other people in similar circumstances.
A breach of warranty occurs when a producer or seller makes a claim about their product that leads to injury. For example, if an individual or company declares that the asbestos product is safe to use, and it proves to be excessively dangerous, the supplier may be held accountable for the resultant injuries.
Asbestos litigation is complicated due to the fact that a lot of the companies that have been responsible for asbestos exposure have gone bankrupt or have been bought by other businesses. This is called apportionment, and state laws establish the guidelines for how a jury or judge 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. App. The court decided that Bethlehem Steel did not owe Mrs. Wild a duty to warn her about the risks of asbestos exposure to the clothing and body of her husband.
Because of the long latency period associated with mesothelioma keeping a complete record of any suspected or confirmed asbestos exposure is essential. A mesothelioma lawyer can help individuals decide on the best way to proceed.
Firefighter Cases
Firefighters are more likely than the general population to develop asbestos-related diseases like mesothelioma. Their job often involves putting out fires in buildings that were built using asbestos-containing materials. Even after a fire is put out, they will need to inspect the area for safety risks and potential asbestos residue. This is true especially for firefighters who conduct extensive inspections of commercial and industrial buildings.
When the World Trade Center collapsed on 9/11 many firefighters were exposed to toxic asbestos dust. The dust contained massive metal particles, burning plastic and countless tons of asbestos fibers. This is why those who worked at ground zero have a higher risk of developing mesothelioma or other types of cancer.
Asbestos particles can get into the inner tissues of firefighters and become lodged there for a long time. This can lead to inflammation, irritation and scar tissue that can lead to the development of a tumor. This tumor is called mesothelioma and is one of the four types of cancer that are related to asbestos. The most common form of mesothelioma occurs in the lining that lines the lungs, which is known as the Pleura.
Firefighters also face the risk of developing lung cancer and other asbestos-related diseases. An attorney with experience in asbestos-related diseases can assist those who have been diagnosed. They may be entitled to workers compensation benefits, or can bring a lawsuit against the companies responsible for their exposure to asbestos.
Levy Konigsberg has experience representing firefighters with mesothelioma and related illnesses. Our firm has also been involved in litigation against insurance companies for the total amount of damages our clients deserve.
A number of states have adopted presumptive coverage laws for firefighters. These laws eliminate the burden of proof from firefighters suffering from cancer and assume that their illness was caused by their occupational exposure to asbestos. This makes it easier for them to receive financial compensation and pay medical expenses. We encourage those with an asbestos-related condition to speak with mesothelioma lawyers to discuss their case. Contact us today to arrange an appointment for a confidential, no-cost consultation.
Commercial Cases
For instance, if someone who worked in an asbestos-containing structure is diagnosed with mesothelioma they could sue the property owner. In these cases, it's important to prove that the exposure to asbestos was not solely caused by occupational exposure, but also by other factors. It could be due to secondhand exposure by someone with the disease, or contaminated consumer goods such as talcum.
Workers may also file lawsuits based on product liability laws against asbestos manufacturers. These claims are often supported by evidence that the asbestos manufacturer's product was dangerous and unsafe. In addition to compensating asbestos victims, these lawsuits seek to punish companies that did not follow warning signs and continued placing dangerous products on the market.
Asbestos lawsuits often result in huge settlements for plaintiffs and their families. People who have suffered injuries may receive compensation for their past and future medical costs, loss in normal life, lost earnings potential, and emotional stress. The spouses of survivors of mesothelioma may also be able to sue for loss of consortium.
Certain state laws are more favorable to mesothelioma sufferers than others. For instance, the state of Illinois has a law which permits residents to sue asbestos companies 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.
Many asbestos producers filed for bankruptcy in the facing of a flood of lawsuits. The bankruptcy process allowed for easier compensation for plaintiffs, since the companies did not have to defend their claims in court.
Nonetheless, asbestos litigation is complex. The process of litigation starts with the filing of a lawsuit, gathering evidence like medical records, and appointing former colleagues, family members, and doctors. It is important to consult with a skilled mesothelioma lawyer who has dealt with complicated cases. A mesothelioma lawyer will conduct a free case evaluation to determine the time, place, and how you were exposed to asbestos in order to file an claim. A mesothelioma lawyer will assist you in obtaining an insurance settlement or trust.
