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Keep An Eye On This: How Exposure To Asbestos Lawsuit Is Taking Over And What We Can Do About It
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 identify when and where a person was exposed to asbestos and what businesses could be accountable.

A victim may bring a personal injury lawsuit or wrongful death lawsuit or an asbestos trust fund claim. Each option has different requirements and results in different payouts.

Personal Injury Cases

Anyone who is injured due to asbestos exposure may bring a personal injury lawsuit to seek compensation. Based on the nature of injury, a person may seek damages for medical bills and lost wages as well as suffering and pain. The family members of the victim could also file a wrongful-death lawsuit to receive financial assistance to cover funeral expenses and also gain a sense closure following the loss of a beloved one to mesothelioma, or another asbestos-related disease.

Employers or manufacturers can be held liable in an asbestos lawsuit if they breached their legal obligation to protect employees from harm. Employers' obligations is breached when they fail in hiring training, maintenance, and supervision. A defective product that causes injuries can be sold or provided.

It is crucial to consult an attorney as soon following exposure to asbestos as is possible. State laws impose time limits (known as statutes or limitations) on the length of time plaintiffs have to make a claim. In mesothelioma-related cases, the statute of limitations starts to run the moment the victim is diagnosed with mesothelioma or other asbestos-related disease.

The kind of lawsuits an individual may file will depend on how and where they were exposed. A victim could be able to file a premises liability lawsuit in the event that they were exposed asbestos at work. For instance, a construction worker could be injured by asbestos at an energy plant or on an Navy ship. Someone who was exposed to asbestos through secondhand methods such as washing the clothes of a loved one can also make a personal injury claim.

Asbestos exposure is the main basis for many mesothelioma cases. Some of these cases resulted in substantial jury awards and settlements. Class action lawsuits have also been filed against companies concerning the way they handled or stored asbestos on their properties.

The amount of compensation you could receive in a mesothelioma case depends on many factors such as the age at the time you were diagnosed, your prognosis, your life expectation, your injuries and your pain and suffering. You and your lawyer should look over the details of your case in order to determine the fair value of your mesothelioma suit.

Product Liability Cases

Product liability law allows asbestos victims to sue the distributors, manufacturers and retailers of dangerous products that led to their exposure. They can be held responsible for negligence. In the case of asbestos, it's not uncommon for several companies to be found liable because of the many different types of possible exposure sources.

Mesothelioma patients are exposed to asbestos during work in work environments like shipbuilding and construction. Many cases of mesothelioma, and other asbestos-related illnesses result from non-occupational exposures, like living or working in homes that are constructed using asbestos-containing materials or handling asbestos-containing third-party products.

The legal concepts of strict liability and breach of warranty are essential to mesothelioma lawsuits. Strict liability, which is a form of negligence, means that the defendant is liable for any harm if they do not take the same amount of care as other people in similar circumstances.

A breach of warranty is when a manufacturer or seller makes a claim regarding their product that results in injury. For instance, if a manufacturer or seller claims that an asbestos product will be safe to use and it turns out unreasonably hazardous the seller could be held accountable for the injuries.

Asbestos litigation can be complicated by the fact that a lot of asbestos-exposed companies have been bankrupt or were purchased by other companies. This is known as apportionment and state laws define the rules for how a jury or judge determines the liability of each 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 cleaned her husband's work clothes at Bethlehem Steel. The court declared that Bethlehem Steel did not owe Mrs. Wild a duty to warn about the foreseeable risks of asbestos exposure to her husband's clothing and body.

Because of the long mesothelioma's latency time keeping a complete record of any suspected or known asbestos exposure is important. A mesothelioma lawyer can assist individuals determine the best way to proceed.

Firefighter Cases

Firefighters could be more susceptible than the general population to contract asbestos-related illnesses like mesothelioma. They often have to extinguish fires in structures built with asbestos-containing materials. Even after a blaze is put out, they might still be required to check for asbestos residue and safety risks. This is particularly true for firefighters who perform extensive building inspections for commercial and industrial facilities.

When the World Trade Center collapsed on 9/11 the firefighters were exposed to toxic asbestos dust. The dust was massive metallic particles, burning plastic, and countless asbestos fibers. This is the reason why people who worked in the ground zero area are at a higher risk of developing mesothelioma and other cancers.


Asbestos can enter the tissues of the firefighter's body and linger there for years. This can lead to inflammation, irritation and scar tissue, which leads to the formation of a tumour. This tumor is known as mesothelioma, and it is one of the four types of asbestos-related cancer. Pleural mesothelioma is by far the most common mesothelioma type, which forms in the lung's lining called the pleura.

Firefighters are also at risk of lung cancer as well as other asbestos-related illnesses. A lawyer who has experience with asbestos-related illnesses can assist those who have been diagnosed. They may be entitled to workers' compensation benefits, or they could sue the companies responsible for their exposure to asbestos.

Levy Konigsberg is experienced in representing firefighters with mesothelioma or other related illnesses. Our firm has also been involved in lawsuits against insurance companies to recover the full amount of damages our clients deserve.

San Angelo asbestos attorneys of states have passed presumptive coverage laws for firefighters. These laws take the burden from the firefighters with cancer and presume that their condition is caused by asbestos exposure in their work. This can make it easier to receive financial compensation and also help cover medical costs. We advise those suffering from an asbestos-related illness to contact a mesothelioma attorney to discuss their case. Contact us for a confidential, free consultation.

Commercial Cases

For instance, if someone who worked in an asbestos-containing building is diagnosed with mesothelioma they may sue the property owner. In these instances it is crucial to prove the asbestos exposure was not just caused by occupational exposure, but also by other factors. This could be due to exposure from someone with the disease or from contaminated consumer products such as talcum powder.

Workers may also file lawsuits against asbestos manufacturers according to the law of product liability. These claims are often supported by evidence that the asbestos manufacturer's product was dangerous and unsafe. These lawsuits are not only aimed at the compensation of asbestos victims, but also companies that ignored warnings and continued to put unsafe products on the marketplace.

Asbestos lawsuits can lead to huge payouts to plaintiffs and their families. For instance, people who have been injured are entitled to the compensation they deserved for their past and future medical costs, loss of normal life and earning capacity, and emotional distress. The spouses of survivors of mesothelioma may also be able to sue for loss of consortium.

Some states' laws are more favorable for mesothelioma sufferers than others. Illinois is one of them. Illinois has a law that permits residents to sue asbestos-related companies for negligence and negligent deaths. Their lawyers have won several multimillion-dollar verdicts and asbestos victims from other states have also received compensation as well.

Many asbestos producers filed for bankruptcy in the facing of a flood of lawsuits. The bankruptcy process made it easier for plaintiffs to receive compensation, as the companies would 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, such as medical records and interviewing former colleagues, family members as well as doctors. It's important to work with mesothelioma lawyers who have the experience of handling cases that are complex. A mesothelioma lawyer will conduct a free case evaluation to determine when, where and how you were exposed asbestos, so that you can make an claim. A mesothelioma attorney can help you apply for a trust or insurance settlement.

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