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How an Asbestos Lawyer Can Help You Understand Your Claim Options
A skilled New York asbestos lawyer can help victims understand their claim options. A lawyer can identify when and where someone was exposed to asbestos and what companies may be liable.
A victim may make a personal injury lawsuit, a wrongful death lawsuit, or an asbestos trust funds claim. Each option has its own set of requirements and award.
Personal Injury Cases
A person who is injured due to asbestos exposure can file a personal injury lawsuit to recover compensation. A person may be able to claim damages for medical expenses, lost wages and pain and suffering according to the nature and severity of their injury. The family members of the victim could also file a wrongful death lawsuit for financial support to cover funeral costs and to 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 if it violated its legal duty to protect workers from injuries. A breach of the duty of an employer could be due to negligence in hiring, training, or maintenance, or oversight. A defective product that can cause injuries may also be sold or supplied.
It is crucial to consult an attorney as soon after exposure to asbestos as is possible. State laws have time limits (known as statutes or limitations) on how long plaintiffs have to make a claim. In mesothelioma-related cases, the statute of limitations begins to run the moment the victim is diagnosed with mesothelioma, or any other asbestos-related diseases.
The types of lawsuits an individual may file will depend on where and how they were exposed to asbestos. A victim could be able to file a premises liability claim in the event that they were exposed asbestos at work. For example construction workers may be injured by asbestos at an energy plant or on the deck of a Navy ship. Someone who was exposed to asbestos by secondhand means such as washing clothes for a loved one can also bring a personal injury lawsuit.
Athens asbestos attorneys have been filed against large corporations as they were responsible for the exposure of the victim to asbestos. Certain of these cases resulted in large settlements and jury awards. Class action lawsuits have been filed against businesses in relation to how they handled or stored asbestos on their properties.
The amount of compensation you can receive from a mesothelioma case is contingent on a number of factors that include your age at the time of being diagnosed as well as the prognosis and expectation of your condition and the severity of your injuries, and the extent of 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 case.
Product Liability Cases
The law of product liability permits asbestos victims to sue the distributors, manufacturers, and retailers of dangerous products that led to their exposure. The defendants could be held responsible for negligence. In the case of asbestos, it's typical for multiple companies to be held liable due to the variety of possible exposure sources.
Mesothelioma patients are exposed to asbestos while working in work environments like shipbuilding and construction. Many cases of mesothelioma and other asbestos-related diseases, result from non-occupational exposure, such as living or working in homes constructed with asbestos-containing materials or handling products containing asbestos that are manufactured by third parties.
Mesothelioma cases rely on the legal concepts of strict responsibility and breach of warranty. Strict liability, which is a form of negligence, means that the defendant is liable for any injury they suffer if they fail to take the same amount of care as other people in similar situations.
A breach of warranty is when a seller or manufacturer makes a claim about their product that results in injuries. If, for instance, a manufacturer or seller claims that an asbestos product will be safe to use but it turns out unreasonably hazardous the seller could be held accountable for the injuries.
Asbestos litigation can be complicated due to the fact many of the asbestos-exposed companies have gone bankrupt or were taken over by other companies. This is known as an apportionment. State laws determine how a judge will assign responsibility to each defendant.
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 her husband's clothing and body.
Because of the long mesothelioma's latency time maintaining a thorough record of any suspected or known asbestos exposure is crucial. A mesothelioma lawyer can assist people determine the best method to proceed.
Firefighter Cases
Firefighters are more likely to develop asbestos-related diseases such as mesothelioma than other people. They are often required to put out fires in buildings constructed with asbestos-containing materials. Even after a fire has been put out, they will need to check the area for safety risks and possible asbestos residue. This is especially applicable to firefighters who conduct extensive building inspections for industrial and commercial facilities.
When the World Trade Center towers collapsed on September 11, a lot of firefighters were exposed to toxic asbestos dust. This dust was contaminated with massive metal particles, burning plastic, and countless tons of asbestos fibers. This is the reason why those who served at ground zero are at a greater chance of developing mesothelioma and other cancers.
Asbestos can be inhaled into the tissues of the firefighter's body and linger there for years. This can lead to inflammation, irritation, and scar tissue which 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. Pleural mesothelioma is by far the most common mesothelioma that is found in the lining of the lungs known as the pleura.
In addition to mesothelioma, firefighters are at risk for lung cancer and other asbestos-related illnesses. A lawyer with experience in asbestos-related diseases can assist those who have been diagnosed. They may be eligible for workers' compensation benefits or an asbestos lawsuit against the companies responsible for their exposure.
Levy Konigsberg is experienced in representing firefighters suffering from mesothelioma and other related illnesses. Our firm is also experienced in pursuing lawsuits against insurance companies to recover the full amount of damages our clients deserve.
A lot of states have passed presumptive cancer coverage laws for firefighters. These laws remove the burden of proof from the firefighters with cancer and presume that their condition was a result of their occupational exposure to asbestos. This can make it easier for firefighters to receive financial compensation and help pay medical expenses. We advise those suffering from an asbestos-related disease to speak with an attorney for mesothelioma to discuss their case. Contact us for a confidential, free consultation.
Commercial Cases
If, for example, someone who was employed in an asbestos-containing facility is diagnosed with mesothelioma, they could sue the property owner. In these cases, it is important to prove the asbestos exposure wasn't just caused by occupational exposure, but also other factors. It could be due to exposure from a second-hand source, such as a person suffering from the disease, or even from contaminated consumer products like talcum.
Workers may also make claims in accordance with the laws on product liability against asbestos producers. These claims are usually supported by evidence that asbestos manufacturer's product was dangerous and defective. These lawsuits aren't just aimed at paying compensation to asbestos victims, but also companies that ignored warnings and continued to place unsafe products on the market.
Asbestos-related lawsuits usually result in substantial payouts to plaintiffs and their families. For example, injured people are entitled to the compensation they deserved for their past and future medical costs and loss of their normal lifestyle as well as lost earning capacity and emotional stress. Additionally, the spouses of survivors of mesothelioma sufferers may be able to sue for loss of consortium.
Some states' laws are more favorable for mesothelioma patients than others. Illinois, for example, has a law that allows residents to bring lawsuits against asbestos-related companies for negligence and the wrongful death of a victim. Their lawyers have won a number of multimillion-dollar verdicts, and asbestos victims in other states have been compensated as well.
Many of the asbestos manufacturers declared bankruptcy in the facing of a flood of lawsuits. The bankruptcy process made it easier for plaintiffs to get compensation, since the companies would 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 interviews with former colleagues as well as family members and doctors. It is essential to choose a seasoned mesothelioma lawyer who has handled complicated cases. A mesothelioma lawyer will perform a case evaluation for free to determine the date, time, and the extent to which you were exposed. This will help you submit an insurance claim. A mesothelioma lawyer will assist you in applying for an insurance settlement or trust.
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