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Why You're Failing At 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 to know their options. A lawyer can determine the time and place when someone was exposed to the asbestos and which companies may be liable.

A victim can make a personal injury lawsuit, a wrongful-deaths lawsuit, or an asbestos trust fund claim. Each type of claim has different requirements and results in different payouts.

Personal Injury Cases

Someone who is injured by asbestos exposure could file a personal injury lawsuit to seek 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 injuries. Families of the victim can also pursue a lawsuit for wrongful deaths to receive financial support and closure following the loss of their loved ones to asbestos-related illnesses such as mesothelioma.

Employers or manufacturers can be held responsible for an asbestos lawsuit, if they breached their legal obligation to protect employees from injury. A breach of the duty of an employer could be due to negligent hiring, training and maintenance or supervision. A defective product that can cause injuries can also be sold or supplied.

It is important to consult with an attorney as soon as you can after exposure to asbestos since the laws of each state set time limitations, also known as statutes of limitations, on the length of time a plaintiff must start a lawsuit. In mesothelioma, the statute of limitation begins to run once the victim is diagnosed with mesothelioma.

The type of lawsuits a person can file will depend on where and how they were exposed to asbestos. If asbestos was present at work, a victim could have a premises-liability lawsuit. A construction worker could be injured by asbestos in the power plant or on a Navy vessel. Anyone who has been exposed by second-hand exposure to asbestos, such as when washing the clothes of a loved one, may also bring a lawsuit to claim personal injury.

Asbest exposure was the cause of many mesothelioma cases. Some of these cases have resulted in substantial jury awards and settlements. Class action lawsuits have also been filed against companies in relation to how they dealt with asbestos or stored it on their property.

The amount of compensation you may receive in a mesothelioma-related case is contingent on a variety of factors including the age at the time you were diagnosed and your prognosis, life expectancy, your injuries, and the extent of your suffering and pain. Your attorney and you should review the details of your case to determine the reasonable amount for your mesothelioma lawsuit.

Product Liability Cases

The law on product liability permits asbestos-related victims to sue manufacturers, distributors, and retailers who sold dangerous products which led to their exposure. These defendants can also be held accountable for negligence. It is not common for more than one business, due to the variety of exposure sources and exposure sources, to be held accountable in the case of asbestos.

Mesothelioma patients are exposed to asbestos on the job in work environments such as construction and shipbuilding. A large number of cases of mesothelioma and other asbestos-related diseases, are the result of non-occupational exposure, such as working or living in homes that are constructed using asbestos-containing materials or handling products that contain asbestos from third parties.

Mesothelioma cases are based upon the legal concepts of strict liability and breach of warranty. Strict liability, which is a type of negligence, implies that the defendant is accountable for any harm if they fail to apply the same level of care as other people in similar situations.

A breach of warranty is when a manufacturer or seller makes a claim regarding their product that causes injury. For example when the seller or manufacturer claims that the asbestos product is safe to use, and it is found to be unreasonable dangerous, the manufacturer or seller could be held responsible for resultant injuries.

Asbestos litigation can be complicated due to the fact that many of the companies that are responsible for asbestos exposure have either gone bankrupt or have been bought by other businesses. This is called apportionment, and state laws set the guidelines for the way a judge or jury determines the liability of each defendant in a 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 on the clothing and body of her husband.

Because of the long latency period associated with mesothelioma keeping a complete record of any suspected or known asbestos exposure is crucial. A knowledgeable mesothelioma lawyer can guide individuals on how to approach this task.

Firefighter Cases

Firefighters are more likely than the general population to contract asbestos-related illnesses such as mesothelioma. Their job often involves the suppression of fires in older structures that were constructed using asbestos-containing materials. Even after a fire has been extinguished, firefighters may have to inspect the area for potential safety hazards and asbestos-related residues that could be present. This is true especially for firefighters who conduct extensive inspections of commercial and industrial buildings.

When the World Trade Center towers collapsed on September 11, a lot of firefighters were exposed to asbestos dust. The dust was massive metallic particles, burning plastic, and tons of asbestos fibers. This is why people who worked at ground zero are at greater chance of developing mesothelioma and other cancers.

Asbestos particles can be breathed into the inner tissues of firefighters and then remain there for decades. This may cause irritation, inflammation and scar tissue that can lead to the formation of the formation of a tumor. This type of tumor is known as mesothelioma and is one of the four types of cancers that are linked to asbestos. Pleural mesothelioma, the most prevalent mesothelioma type, which develops in the lining of the lungs called the pleura.

Firefighters also face the risk of developing lung cancer and other asbestos related illnesses. Those who have been diagnosed with an asbestos-related condition should consult an experienced attorney about their situation. They could be eligible to receive workers' compensation benefits or an asbestos lawsuit against the company that are responsible for their exposure.

Levy Konigsberg has experience representing firefighters suffering from mesothelioma and other related diseases. Our firm is also experienced in pursuing lawsuits against insurance companies to get the total amount of damages our clients deserve.

A lot of states have passed presumptive cancer protection laws for firefighters. These laws take the burden from the firefighters suffering from cancer and assume that their illness is due to asbestos exposure in their work. This could make it easier to receive financial compensation, and help cover medical costs. We encourage anyone with an asbestos-related illness to speak with an attorney who specializes in Mesothelioma to discuss their case. Contact us to schedule an appointment for a confidential, no-cost consultation.

Commercial Cases


If, for instance, someone who worked in an asbestos-containing building is diagnosed with mesothelioma, they may sue the owner. In these instances, it is essential to establish that the asbestos exposure was not solely caused by occupational exposure but also due to other factors. This could be from secondhand exposure by someone with the disease, or even from contaminated consumer products such as talcum.

Workers can also file lawsuits based on product liability laws against asbestos manufacturers. These claims are usually backed by evidence that asbestos manufacturer's product was dangerous and defective. In addition to compensating asbestos victims the lawsuits also seek to punish companies that ignored warnings and continued making unsafe products available on the market.

Asbestos lawsuits often result in substantial payouts to plaintiffs and their families. For instance, those who are injured are entitled to compensation for past and future medical expenses, loss of normal life, lost earning capacity, and emotional stress. Moreover, surviving spouses of mesothelioma victims may sue for loss of consortium.

Certain state 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 the wrongful death of a victim. Its lawyers have won many multi-million dollar verdicts and asbestos victims from other states have also received compensation.

Many asbestos producers have filed for bankruptcy in facing of a flood of lawsuits. Bellevue asbestos lawyer allowed easier compensation for plaintiffs, because the companies did not need to defend their case in court.

Nonetheless, asbestos litigation is complex. The litigation process begins with the filing of a lawsuit, collecting evidence such as medical records, and obtaining interviews with former colleagues, family members and doctors. It is important to work with an experienced mesothelioma lawyer that has handled complex cases. A mesothelioma attorney will conduct an evaluation of your case for free to determine the date, time, and how you were exposed. This will assist you to submit a claim. A mesothelioma lawyer will assist you in obtaining an insurance settlement or trust.

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