How an Asbestos Lawyer Can Help You Understand Your Claim Options
A New York asbestos lawyer who is knowledgeable can assist victims to know their options. A lawyer can determine what happened to the person who was exposed to asbestos and which companies could be responsible.
A victim can bring a personal injury lawsuit, a wrongful-deaths lawsuit, or an asbestos trust fund claim. Each option has different requirements and results in different award.
Personal Injury Cases
Someone who is injured due to asbestos exposure may bring a personal injury lawsuit to recover compensation. Depending on the nature of injury, a person may be able to claim damages for medical expenses and lost wages as well as pain and suffering. Family members of the victim may also file a wrongful death lawsuit to receive financial assistance to pay funeral costs and to gain a sense of closure following the loss of a beloved one to mesothelioma, or another asbestos-related illness.
Employers or manufacturers could be held accountable for an asbestos lawsuit when they have violated their legal duty to protect employees from harm. A breach of an employer's duty could be due to negligence in hiring, training, or maintenance, or supervision. A defective product that leads to injuries can also be sold or supplied.
It is essential to speak with an attorney as soon following exposure to asbestos as you can. State laws have time limits (known as statutes or limitations) on the length of time plaintiffs are required to bring a lawsuit. In mesothelioma, the statute of limitation begins to run once the victim is diagnosed with mesothelioma.
The kind of lawsuits one can file depend on the manner and location they were exposed. A victim may have a premises liability lawsuit if they were exposed to asbestos at work. Construction workers could be injured by asbestos at the power plant or on the deck of a Navy vessel. A person who was exposed to asbestos via secondhand means such as washing the clothes of a loved one can also bring a personal injury lawsuit.
Asbestos exposure was the root reason for many mesothelioma cases. Certain of these cases have 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 may receive in a mesothelioma case is contingent on a variety of factors, including the age at the time you were diagnosed as well as your prognosis, life expectancy, your injuries and the extent of your suffering and pain. You and your attorney should look over the details of your case to determine a fair value for your mesothelioma claim.
Product Liability Cases
The product liability law allows asbestos-related victims to sue distributors, manufacturers and retailers who sold dangerous products which led to their exposure. The defendants could be held responsible for negligence. It's not uncommon to have more than one company due to the diversity of exposure sources that they are held accountable in the case of asbestos.
Mesothelioma sufferers are exposed to asbestos during work in workplaces such as shipbuilding and construction. However many cases of mesothelioma and other asbestos-related diseases stem from non-occupational exposure as well, such as living in homes that are constructed with asbestos materials, visiting or working on sites that contain asbestos or handling asbestos-containing items sold by third parties.
Mesothelioma cases are based on the legal concepts of strict liability and breach of warranty. Strict liability, which is a form of negligence, implies that the defendant is accountable for any injury they suffer if they fail to apply the same level of care as other people in similar circumstances.
Thousand Oaks asbestos lawyers of warranty occurs when a manufacturer or seller makes a claim regarding their product that leads to injury. If, for example, an advertiser or seller claims an asbestos product to be safe to use and it proves to be dangerous in a way that is unreasonable the seller may be held accountable for injuries.
Asbestos litigation is complicated due to the fact that many of the companies that have been responsible for asbestos exposure have gone bankrupt or been acquired by other companies. This is called apportionment, and state laws set the guidelines for how a judge or jury determines the liability of each defendant in a case.
In the case of Mary Wild, v. Owens Illinois 705 A.2d. The Court of Appeals for the District of Columbia, 58 (Md. Ct. Spec. App. 1998), the mesothelioma case of the deceased claimed that she was exposed to asbestos when she washed and cleaned husband's work clothes at Bethlehem Steel. The court ruled that Bethlehem Steel was not required to warn Mrs. Wild about the risks of asbestos exposure from her husband's clothes or body.
Due to the lengthy latency associated with mesothelioma it is crucial to keep a record of all asbestos exposure, whether known or suspected. An experienced mesothelioma attorney can guide individuals on how to approach this issue.
Firefighter Cases
Firefighters are more prone to suffer from asbestos-related illnesses such as mesothelioma than other people. Their work typically involves putting out fires in buildings constructed with asbestos-containing materials. Even after a blaze has been put out, firefighters might still be required to check for asbestos residue and safety risks. This is particularly true for firefighters who conduct in-depth inspections of industrial and commercial buildings.
When the World Trade Center collapsed on 9/11 many firefighters were exposed to toxic asbestos dust. This dust was contaminated with heavy metal particles, burning plastic, and countless tons of asbestos fibers. This is the reason why those who worked at ground zero are at greater risk for developing mesothelioma and other cancers.
Asbestos particles can be breathed into the inner tissues of firefighters and become lodged there for a long time. This may cause irritation, inflammation and scar tissue that can lead to the formation of the formation of a tumor. This tumor is known as mesothelioma. It is one of four types of asbestos-related cancers. The most prevalent form of mesothelioma occurs in the lining that lines the lungs, which is known as the Pleura.
Firefighters are also at risk of developing lung cancer and other asbestos-related diseases. Those who have been diagnosed with an asbestos-related illness should speak with an experienced attorney about their situation. They may be entitled to workers compensation benefits, or they may be able to file a lawsuit against the companies responsible for their exposure to asbestos.
Levy Konigsberg has experience representing firefighters suffering from mesothelioma or related diseases. 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 deserve.
A number of states have adopted presumptive coverage laws for firefighters. These laws remove the burden on firefighters who have cancer, and presume that their condition is due to their occupational asbestos exposure. This makes it easier to get financial compensation, and help cover medical costs. We encourage those with an asbestos-related illness to contact an attorney for mesothelioma to discuss their case. Contact us for a confidential, no-cost consultation.
Commercial Cases
If, for example, someone who worked in an asbestos-containing building is diagnosed with mesothelioma, they can sue the owner. In these instances, it is important to prove that the asbestos exposure was not just caused by occupational exposure, but also from other factors. This could be due to exposure from someone who has the disease or from contamination of consumer products like talcum powder.
Workers can also make claims against asbestos manufacturers in accordance with the law on product liability. These claims are often bolstered by evidence that shows the asbestos manufacturer's products were dangerous and unsafe. These lawsuits aren't only targeted at the compensation of asbestos victims, but also companies who ignored warnings and continued to put unsafe products on the market.
Asbestos lawsuits can result large payouts to plaintiffs and their family members. For instance, those who are injured are entitled to compensation for past and future medical costs and loss of their normal lifestyle, lost earning capacity, and emotional anxiety. Survivor spouses of victims of mesothelioma can also claim compensation for loss of consortium.
Some states' laws are more favorable to mesothelioma victims than others. For instance, the state of Illinois has a law that allows residents to sue asbestos companies for negligence and wrongful deaths. The lawyers of the state have secured several multimillion-dollar verdicts, and asbestos victims in other states have also received compensation as well.
Thousands of asbestos lawsuits led to bankruptcy for many asbestos manufacturers. The bankruptcy process allowed more lenient compensation for plaintiffs since the companies didn't have to defend their claims in public.
Nonetheless, asbestos litigation is complex. The process of litigation starts with the filing of a lawsuit, gathering evidence such as medical records, and appointing former family members, colleagues and doctors. It's important to consult with an attorney for mesothelioma who has the experience of handling cases that are complex. A mesothelioma lawyer will perform a free case evaluation to determine where, when and the manner in which you were exposed to asbestos, so that you can file a claim. A mesothelioma lawyer will assist you in obtaining a trust or insurance settlement.