How an Asbestos Lawyer Can Help You Understand Your Claim Options
A skilled New York asbestos lawyer can help victims understand their options regarding claims. A lawyer can identify the time and place when someone was exposed to asbestos and the companies that could be liable.
A victim may make a personal injury claim or wrongful death suit or an asbestos trust fund claim. Each has its own requirements and award.
Personal Injury Cases
Someone who has been injured due to asbestos exposure may sue for compensation. Depending on the nature of injury, a person may be able to claim damages for medical bills as well as lost wages, pain and suffering. Santa Monica asbestos attorneys of the victim may also file a lawsuit for wrongful death to obtain financial assistance and closure after losing a loved ones to asbestos-related illnesses such as mesothelioma.
Employers or manufacturers can be held liable in an asbestos lawsuit, in the event that they violated their legal obligation to protect employees from injury. A breach of a duty of an employer could be due to negligent hiring, training, or maintenance, or oversight. It can also be breached by selling or the supply of a defective product which can cause injury.
It is crucial to consult an attorney as soon following exposure to asbestos as possible. State laws have time limitations (known as statutes or limitations) on how long plaintiffs must make a claim. In mesothelioma, the statute of limitations starts to run when the patient is diagnosed as having mesothelioma.
The type of lawsuits that an individual may file will depend on the manner and location they were exposed. If asbestos was present at work, a victim may be subject to a premises-liability lawsuit. For instance, a construction worker could be injured by asbestos at a power plant or on the deck of a Navy ship. Someone who was exposed to asbestos through secondhand methods such as washing the clothes of a loved one can also bring a personal injury lawsuit.
Asbestos exposure is the main cause of many mesothelioma cases. Certain of these cases have resulted into significant settlements and jury awards. Companies have also been accused of being sued in class action lawsuits for the way they handled asbestos on their premises.
The amount you could receive from a mesothelioma suit is contingent on a variety of factors that include your age at the time of being diagnosed as well as the prognosis and duration of your disease and the severity of your injuries as well as the amount of pain and suffering. You and your lawyer should review your case details to determine the fair value of your mesothelioma suit.
Product Liability Cases
The law on product liability permits asbestos-related victims to sue distributors, manufacturers and retailers who sold asbestos-related products that caused their exposure. These defendants can also be held accountable for their negligence. It's not unusual for more than one company, due to the variety of exposure sources that they are held accountable for asbestos-related injuries.
Mesothelioma can be caused by asbestos exposure in the workplace, for example in shipbuilding and construction. A large number of cases of mesothelioma and other asbestos-related illnesses, are caused by non-occupational exposure, for example, living in or working in homes that are constructed using asbestos-containing materials or handling products containing asbestos that are manufactured by third parties.
Mesothelioma cases are based on the legal concepts of strict liability and breach of warranty. Strict liability is one type of negligence, which means that a defendant is responsible for injury if they fail to meet the standard level of care that a person in their position would have exercised in similar circumstances.
A breach of warranty is when a manufacturer or seller claims to be able to provide a product that causes injuries. If, for instance, a manufacturer or seller claims an asbestos product to be safe to use but it turns out unreasonably hazardous the seller may 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 into bankruptcy or were acquired by other companies. This is known as the apportionment. State laws determine how a judge will assign liability to each defendant.
For instance 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 handled and laundered husband's work clothes at Bethlehem Steel. The court ruled that Bethlehem Steel was not required to warn Mrs. Wild about the risks of asbestos exposure from the clothing of her husband or his body.
Due to the lengthy time frame associated with mesothelioma, it is crucial to keep track of every asbestos exposure, regardless of whether it is known or suspected. A knowledgeable mesothelioma lawyer can guide individuals on how to approach this task.
Firefighter Cases
Firefighters may be more likely than the general population to contract asbestos-related illnesses like mesothelioma. They often have to put out fires in buildings built with asbestos-containing materials. Even after a fire is extinguished, they may need to inspect the area for safety hazards and potential asbestos residue. This is especially true for firefighters who conduct in-depth inspections of commercial and industrial buildings.
When the World Trade Center towers collapsed on September 11, a large number of firefighters were exposed to asbestos dust. The dust contained heavy metallic particles, burning plastic and countless asbestos fibers. This is why those who worked at ground zero are at greater risk of developing mesothelioma or other cancers.
Asbestos particles can be breathed into the tissues of a firefighter's body and become lodged there for decades. This can lead to irritation, inflammation and scar tissue that can lead to the development 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. The most frequent mesothelioma type 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. An attorney with experience in asbestos-related illnesses can assist those who have been diagnosed. They could be qualified for workers' compensation benefits or an asbestos lawsuit against companies that are responsible for their exposure.
Levy Konigsberg is experienced in representing firefighters with mesothelioma and other related illnesses. Our firm is also skilled in pursuing lawsuits against insurance companies to recover the full amount of damages that our clients are entitled to.
Many states have passed presumptive cancer coverage laws for firefighters. These laws take the burden from the firefighters suffering from cancer and presume that their illness is the result of their occupational asbestos exposure. This makes it easier for firefighters to receive financial compensation and cover medical expenses. We recommend those suffering from an asbestos-related condition to speak with an attorney for mesothelioma to discuss their case. Contact us to schedule a free, confidential consultation.
Commercial Cases
For instance If an employee of an asbestos-containing building is diagnosed with mesothelioma, they may sue the property owner. In these cases, it's important to establish that the asbestos exposure was not solely caused by occupational exposure, but also due to other factors. This could include secondhand exposure by someone with the disease or by contaminated consumer products such as talcum powder.
Workers can also bring lawsuits against asbestos manufacturers based on product liability law. These claims are often supported by evidence that the asbestos manufacturer's product was dangerous and defective. In addition to compensating asbestos victims These lawsuits aim to penalize companies who ignored warning signs and kept making unsafe products available on the market.
Asbestos lawsuits can lead to large payouts to plaintiffs and their family members. For instance, people who have been injured are entitled to compensation for past and future medical expenses and loss of their normal lifestyle, lost earning capacity, and emotional distress. The spouses of survivors of mesothelioma are also able to be able to sue for loss of consortium.
Some states' laws are more favorable for mesothelioma patients than other. For instance, the state of Illinois has a statute that allows residents to sue asbestos companies for negligence and wrongful deaths. The lawyers of the state have secured a number of multimillion-dollar verdicts and asbestos victims from other states have received compensation as well.
Many of the asbestos manufacturers have filed for bankruptcy in face of a plethora of lawsuits. The bankruptcy process made it easier for plaintiffs to receive compensation, as the companies were not required to defend themselves in public trials.
Nonetheless, asbestos litigation is complex. The process of litigation begins with the filing of a lawsuit, collecting evidence like medical records, and obtaining interviews with former family members, colleagues and doctors. It is crucial to choose a mesothelioma attorney who has expertise in handling complicated cases. A mesothelioma lawyer will perform a free case evaluation to determine the time, place, and how you were exposed asbestos, so that you can file an insurance claim. A mesothelioma lawyer can assist you in applying for an insurance settlement or trust.