How an Asbestos Lawyer Can Help You Understand Your Claim Options
A skilled New York asbestos lawyer can assist victims in understanding their options regarding claims. A lawyer can help determine what happened to the person who was exposed to asbestos and which companies could be liable.
A victim can make a personal injury claim or wrongful death lawsuit or an asbestos trust fund claim. Each option has different requirements and can result in different payouts.
Personal Injury Cases
Anyone who has been injured as a result of asbestos exposure could file a lawsuit for compensation. A person could be eligible to claim damages for medical expenses, lost wages, and pain and suffering according to the nature and severity of their injury. Family members of the victim may also file a wrongful-death lawsuit to receive financial assistance to pay funeral costs and gain a sense of closure after losing a loved person to mesothelioma or an asbestos-related disease.
An employer or manufacturer can be held liable in an asbestos lawsuit, when they have violated their legal duty to protect employees from danger. An employer's duty could be violated by negligent hiring, training, maintenance and supervision. A defective product that causes injuries may be sold or provided.
It is important to consult an attorney as soon following exposure to asbestos as is possible. State laws have time limitations (known as statutes or limitations) on the length of time plaintiffs have to make a claim. 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 that an individual may file will depend on the manner and location they were exposed. A victim could be able to file a premises liability suit in the event that they were exposed asbestos at work. A construction worker may be injured by asbestos at an energy plant or on the deck of a Navy vessel. A person who was exposed to asbestos through indirect means like washing clothes for a loved one may also file 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 have resulted into significant settlements and jury awards. Class action lawsuits have been filed against businesses regarding how they handled or stored asbestos on their premises.
The amount you could receive from a mesothelioma suit is contingent on a number of factors, including your age when diagnosed as well as the prognosis and expectancy of your disease as well as the severity of your injuries and the extent of suffering and pain. Your attorney and you must examine the specifics of your case to determine the reasonable amount for your mesothelioma claim.
Product Liability Cases
The law governing product liability allows asbestos-related victims to sue distributors, manufacturers, and retailers who sold dangerous products which led to their exposure. The defendants could also be held accountable for negligence. In the case of asbestos, it's common for multiple companies to be held liable due to the wide range of potential exposure sources.
Mesothelioma victims are exposed to asbestos while working in workplaces such as shipbuilding and construction. However mesothelioma cases in a majority of cases and other asbestos-related illnesses result from non-occupational exposures too, for example, living in homes constructed with asbestos-containing materials, visiting or working on areas that contain asbestos, or handling asbestos-containing products offered by third party sellers.
The legal concepts of strict liability and breach of warranty are crucial to mesothelioma lawsuits. Strict liability is a type of negligence, which implies that a defendant is liable for an injury when they fail to adhere to the standard of care that every other person in their position would have exercised under similar circumstances.
A breach of warranty is when a manufacturer or seller makes a claim regarding their product that causes injury. For example the case where an individual or company states that the asbestos product is safe to use, and it turns out to be unreasonably dangerous, the manufacturer or seller could be held liable for the resultant injuries.
Asbestos litigation can be complicated due to the fact that many of the companies that have been responsible for asbestos exposure have either gone into bankruptcy or were 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 each defendant in a particular 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 the clothes and body of her husband.
Because of the long mesothelioma's latency time maintaining a thorough record of any suspected or confirmed asbestos exposure is important. A mesothelioma lawyer will help individuals determine the best way to proceed.
Firefighter Cases
Firefighters are more prone to suffer from asbestos-related illnesses such as mesothelioma, than the general population. Their job often involves the suppression of fires in older buildings that were built using asbestos-containing materials. Even after a blaze has been put out, firefighters might still be required to check for asbestos residue and safety hazards. This is particularly true for firefighters who conduct in-depth inspections of commercial and industrial buildings.
When the World Trade Center towers collapsed on September 11, a lot of firefighters were exposed to toxic asbestos dust. The dust was large metallic particles, burning plastic, and tons of asbestos fibers. This is why those who worked at ground zero are at a higher chance of developing mesothelioma and other cancers.
Asbestos is a substance that can be breathed into the tissues inside a firefighter and remain there for many years. This can cause inflammation, irritation and scar tissue that leads to the development of the formation of a tumor. This tumor is called mesothelioma and is one of the four types of cancer that are related to asbestos. The most prevalent mesothelioma type is found in the lining of the lungs, which is known as the pleura.
In addition to mesothelioma, firefighters are at risk of developing lung cancer and other asbestos-related diseases. If you have been diagnosed with an asbestos-related disease should consult an experienced attorney regarding their situation. They could be eligible for benefits from workers' compensation or an asbestos lawsuit against the companies responsible for their exposure.
Levy Konigsberg is experienced in representing firefighters with mesothelioma and other related illnesses. Our firm has also been successful in pursuing lawsuits against insurance companies to ensure that our clients receive the full amount of damages our clients are entitled to.
Clearwater asbestos attorney have passed presumptive coverage laws for firefighters. These laws take the burden from the firefighters suffering from cancer and assume that their illness is caused by asbestos exposure from their job. This could make it easier for those suffering from cancer to receive financial compensation and to pay medical expenses. We encourage those with an asbestos-related disease to speak with a mesothelioma attorney to discuss their case. Contact us to schedule an appointment for a confidential, no-cost consultation.
Commercial Cases
If, for instance an employee who worked in an asbestos-containing structure is diagnosed with mesothelioma they could sue the property owner. In these types of cases, it's crucial to prove that the asbestos exposure wasn't just caused by occupational exposure, but also due to other factors. This could be a result of exposure to asbestos by a person who has the disease, or even from contaminated consumer products like talcum.
Workers may also make claims based on product liability laws against asbestos producers. These claims are usually supported by evidence that asbestos manufacturer's product was dangerous and unsafe. In addition to compensating asbestos victims, these lawsuits seek to slap companies who did not follow warning signs and continued placing dangerous products on the market.
Asbestos lawsuits can lead to huge payouts to plaintiffs and their families. For instance, people who have been injured are entitled to compensation for future and past medical costs and loss of their normal lifestyle, lost earning capacity, and emotional distress. In addition, spouses of survivors of mesothelioma victims may sue for loss of consortium.
Some state laws are more favorable to mesothelioma patients than other. For instance, the state of Illinois has a statute that permits residents to sue asbestos companies for negligence and wrongful death. Its lawyers have obtained numerous multimillion-dollar judgments and asbestos victims from other states have received compensation as well.
Thousands of asbestos lawsuits resulted in bankruptcy for a number of asbestos manufacturers. The bankruptcy process allowed for more lenient compensation for plaintiffs since the companies didn't need to defend their case in the public eye.
Nonetheless, asbestos litigation is complex. The process of litigation starts with the filing of a lawsuit, obtaining evidence like medical records, and interviewing former family members, colleagues and doctors. It is important to consult with a skilled mesothelioma lawyer who has handled complicated cases. A mesothelioma lawyer will conduct an evaluation of your case for free to determine the date, time, and the extent to which you were exposed. This will help you file an insurance claim. A knowledgeable mesothelioma lawyer can also assist you in filing for an insurance or trust fund settlement.