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20 Things You Must Be Educated About Exposure To Asbestos Lawsuit
How an Asbestos Lawyer Can Help You Understand Your Claim Options

A New York asbestos lawyer who has experience can help victims know their options. A lawyer can determine what happened to the person who was exposed to the asbestos and which companies could be liable.

A victim can file a personal injury lawsuit or wrongful death suit or an asbestos trust fund claim. Each option has different requirements and result in different award.

Personal Injury Cases

Anyone who has been injured as a result of asbestos exposure could sue for compensation. A person could be able to claim damages for medical expenses, lost wages and pain and suffering depending on the type and severity of their injuries. Families of the victim can also bring a lawsuit for wrongful death to get financial compensation and closure after losing their loved ones to asbestos-related illnesses like mesothelioma.

A manufacturer or employer can be held liable for an asbestos lawsuit if it violated its legal obligation to protect workers from injury. Employers' obligations could be violated by negligent hiring, training, maintenance and supervision. A defective product that leads to injuries can be sold or provided.

It is essential to speak with an attorney as soon as you can after exposure to asbestos because the laws of each state set time limits, known as statutes of limitation, on the time a plaintiff is required to start a lawsuit. In mesothelioma-related cases, the statute of limitations begins to run when the victim is diagnosed with mesothelioma, or any other asbestos-related disease.

The kind of lawsuits an individual may file will depend on the circumstances and the place they were exposed. If asbestos was present at work, a victim may be subject to a premises-liability lawsuit. A construction worker could be injured by asbestos at the power plant or on an Navy vessel. Someone who was exposed to asbestos by indirect means like washing clothes for a loved one could also file a personal injury lawsuit.

Asbest exposure was the basis for many mesothelioma cases. Some of these cases resulted in significant jury awards and settlements. Companies have also been accused of being sued in class action lawsuits over the way they handled asbestos on their premises.

The amount of money you could receive from a mesothelioma lawsuit depends on a variety of variables such as your age at the time you were diagnosed as well as the prognosis and expectation of your disease, the extent of your injuries, and the amount of pain and suffering. Your lawyer and you should look over the details of your case in order to determine the fair value of your mesothelioma lawsuit.

Product Liability Cases

The law of product liability permits asbestos victims to sue distributors, manufacturers and retailers of dangerous products that caused their exposure. The defendants could also be held accountable for their negligence. In the case of asbestos, it's common for more than one company to be held accountable due to the variety of possible exposure sources.

Mesothelioma is caused by asbestos exposure in the workplace, like in construction and shipbuilding. Many cases of mesothelioma and other asbestos-related illnesses, are caused by non-occupational exposures, like living in or working in homes constructed with 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 is a type of negligence. It means that a defendant is accountable for an injury when they fail to adhere to the standard of care that every other person in their position would have performed in similar circumstances.


A breach of warranty occurs when a seller or manufacturer makes a claim regarding their product that results in injury. For example, if a manufacturer or seller claims that the asbestos product is safe to use, and it proves to be excessively dangerous, the supplier may be held liable for the results of injuries.

Asbestos litigation is complicated due to the fact that many of the companies that have been responsible for asbestos exposure have either gone bankrupt or been acquired by other companies. This is known as apportionment and state laws establish the guidelines for how 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 ruled that Bethlehem Steel was not required to warn Mrs. Wild about the risks of asbestos exposure through her husband's clothes or body.

Due to the lengthy mesothelioma's latency time keeping a complete record of any suspected or confirmed asbestos exposure is important. A mesothelioma lawyer will help individuals decide on the best way to proceed.

Firefighter Cases

Firefighters may be more likely than the general population to suffer from asbestos-related diseases such as mesothelioma. They typically have to deal with fires in buildings constructed using asbestos-containing materials. Even after a fire has been put out, they will need to inspect the area for safety hazards and potential asbestos residue. This is especially true for firefighters who perform in-depth building inspections for commercial and industrial buildings.

When the World Trade Center towers collapsed on September 11, a large number of firefighters were exposed to asbestos dust. This dust contained large metal particles, burning plastic, and numerous tons of asbestos fibers. This is the reason why people who worked in the ground zero area are more likely to developing mesothelioma or other types of cancer.

Asbestos particles can be breathed into a firefighter's inner tissues and remain there for decades. This can lead to irritation, inflammation, and scar tissue which can lead to the development of a tumour. This tumor is called mesothelioma and is one of the four types of cancer related to asbestos. Pleural mesothelioma is by far the most prevalent mesothelioma type, which forms in the lung's lining known as the pleura.

Firefighters are also at risk of developing lung cancer and other asbestos related illnesses. A lawyer who has experience with asbestos-related illnesses can help those who have been diagnosed. They may be entitled to workers' compensation benefits, or they could bring a lawsuit against the companies that caused their exposure to asbestos.

Levy Konigsberg has experience representing firefighters suffering from mesothelioma or related illnesses. Our firm is also experienced in pursuing litigation against insurance companies to recover the full amount of damages that our clients deserve.

Many states have passed presumptive coverage laws for firefighters. El Cajon asbestos attorneys remove the burden on firefighters with cancer and presume that their condition is the result of asbestos exposure in their work. This can make it easier to get financial compensation and help with medical expenses. We encourage anyone with an asbestos-related condition to contact a Mesothelioma Attorney to discuss their case. Contact us for a free, confidential consultation.

Commercial Cases

If, for example someone who worked in an asbestos-containing building is diagnosed with mesothelioma they could sue the property owner. In these cases it is essential to prove the asbestos exposure was not just caused by occupational exposure, but also from other factors. It could be due to exposure to asbestos by a person who has the disease, or from contaminated consumer goods such as talcum.

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

Asbestos lawsuits typically result in large payouts for plaintiffs and their families. For instance, those who are injured are entitled to compensation for future and past medical expenses as well as loss of normal living as well as lost earning capacity and emotional stress. Moreover, surviving spouses of mesothelioma sufferers may be able to sue for loss of consortium.

Some states' laws are more favorable to mesothelioma patients than other states' laws. Illinois for instance, has a law that permits residents to bring lawsuits against asbestos-related companies for negligence and wrongful deaths. Their lawyers have won several multimillion-dollar verdicts and asbestos victims from other states have been compensated as well.

Many asbestos producers have filed for bankruptcy in face of thousands of lawsuits. The bankruptcy process made it easier for plaintiffs to get compensation, since the companies did 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 obtaining interviews with former family members, colleagues, and doctors. It's important to consult with mesothelioma lawyers who have expertise in handling complicated cases. A mesothelioma attorney will conduct an evaluation of your case for free to determine the date, time, and the extent to which you were exposed. This will allow you to submit an insurance claim. A mesothelioma lawyer with experience will also assist you in filing for a trust fund or insurance settlement.

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