How an Asbestos Lawyer Can Help You Understand Your Claim Options
A New York asbestos lawyer who is knowledgeable can assist victims know their options. A lawyer can help determine where and when someone was exposed to asbestos and which companies may be accountable.
A victim can bring a personal injury lawsuit, a wrongful death lawsuit or an asbestos trust funds claim. Each option has its own requirements and the amount of money awarded.
Personal Injury Cases
A person who is injured by asbestos exposure can file a lawsuit for compensation. A person could be eligible 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 bring an action for wrongful death to receive financial support and closure after losing a loved ones to asbestos-related illnesses such as mesothelioma.
A manufacturer or employer could be held liable in an asbestos lawsuit if they violated its legal duty to protect workers from harm. A breach of an employer's duty may be the result of negligent hiring, training, or maintenance, or oversight. A defective product that can cause injuries may also be sold or supplied.
It is essential to consult with an attorney as soon as possible after exposure to asbestos because the laws of each state set time limits, known as statutes of limitations on how long a plaintiff must start an action. In mesothelioma cases the statute of limitations begins to run as soon as the victim is diagnosed with mesothelioma, or any other asbestos-related disease.
The type of lawsuits that an individual may file will depend on the manner and location they were exposed. If asbestos was present at work, the victim may be able to file a premises liability lawsuit. Construction workers could be injured by asbestos at a power station or on an Navy vessel. Someone who was exposed by second-hand exposure to asbestos, for instance, while washing the clothes of a beloved one, may also bring a lawsuit to claim personal injury.
Asbestos exposure was the root cause of many mesothelioma cases. Some of these cases resulted in significant 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 that you could receive in a mesothelioma-related case depends on many factors, including the age at which you were diagnosed as well as your prognosis, life expectancy, your injuries, and your pain and suffering. Your attorney and you should examine the specifics of your case to determine a reasonable amount for your mesothelioma claim.
Kenner asbestos attorneys Cases
The law of product liability permits asbestos victims to sue the manufacturers, distributors and retailers of hazardous products that led to their exposure. They can be held responsible for negligence. In the case of asbestos, it's typical for several companies to be held liable because of the many different types of exposure sources.
Mesothelioma is caused by asbestos exposure in the workplace, like in shipbuilding and construction. However many cases of mesothelioma and other asbestos-related diseases stem from non-occupational exposure too, for example, living in homes constructed with asbestos materials, visiting or working on sites containing asbestos or handling asbestos-containing products sold by third parties.
Mesothelioma cases are based on the legal concepts of strict liability and breach of warranty. Strict liability is a form of negligence, which means that a defendant is responsible for injury if they fail to adhere to the standard level of care that every other person in their position would exercise under similar circumstances.
A breach of warranty occurs when a manufacturer or seller makes a claim about their product that leads to injuries. If, for instance, the seller or manufacturer claims an asbestos product to be safe to use but it turns out unreasonably hazardous the seller could be held responsible for the injuries.
Asbestos litigation is complicated due to the fact that many of the companies responsible for asbestos exposure have either gone bankrupt or have been bought by other businesses. This is called apportionment, and state laws define the rules for how a judge or jury assigns liability to 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 declared that Bethlehem Steel did not owe Mrs. Wild a duty to warn her about the potential dangers of asbestos exposure on her husband's clothing and body.
Due to the lengthy mesothelioma's latency time, preserving an accurate record of any suspected or confirmed asbestos exposure is important. An experienced mesothelioma lawyer will guide individuals on how to approach this task.
Firefighter Cases
Firefighters could be more susceptible than the general population to contract asbestos-related illnesses such as mesothelioma. They typically have to put out fires in buildings constructed with asbestos-containing materials. Even after a blaze has been extinguished they will still have to look for asbestos residue and safety risks. This is particularly true for firefighters who perform thorough inspections of buildings for commercial and industrial facilities.
When the World Trade Center towers collapsed on September 11, a large number of firefighters were exposed to asbestos dust. The dust contained heavy metallic particles, burning plastic, and numerous asbestos fibers. This is why those who worked at ground zero have a higher risk of developing mesothelioma and other cancers.
Asbestos particles can get into the tissues of a firefighter's body and become lodged there for decades. This can lead to inflammation, irritation and scar tissue that results in the development of a tumour. The mesothelioma tumor is a type of cancer and is one of the four types of cancers that are linked to asbestos. Pleural mesothelioma is by far the most common mesothelioma that develops in the lung's lining called 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 disease should talk to an experienced attorney regarding their situation. They may be eligible to receive workers' compensation benefits or an asbestos lawsuit against the companies that are responsible for their exposure.
Levy Konigsberg is experienced in representing firefighters suffering from mesothelioma or other related illnesses. Our firm has also been successful in pursuing litigation against insurance companies to get the total amount of damages our clients are entitled to.
Many states have passed presumptive insurance laws for firefighters. These laws remove the burden of proof from firefighters who have cancer and assume that their illness was caused by their occupational exposure to asbestos. This could make it easier for those suffering from cancer to receive financial compensation as well as help pay medical expenses. We advise those suffering from an asbestos-related disease to speak with mesothelioma lawyers to discuss their case. Contact us for a confidential, free consultation.
Commercial Cases
For example, if an employee of an asbestos-containing structure is diagnosed with mesothelioma, they could sue the building owner. In these types of instances, it is essential to prove that the exposure to asbestos wasn't just caused by occupational exposure, but also due to other factors. This could be a result of secondhand exposure by someone with the disease, or contaminated consumer goods such as talcum.
Workers can also file lawsuits in accordance with the laws on product liability against asbestos manufacturers. These claims are often supported by evidence that asbestos manufacturer's product was dangerous and defective. In addition to remuneration for asbestos victims These lawsuits aim to slap companies who did not follow warning signs and continued putting unsafe products on the market.
Asbestos lawsuits often result in huge payouts to plaintiffs and their families. People who have suffered injuries may receive compensation for the past and upcoming medical expenses, loss of normal life, lost earning potential, and emotional stress. Moreover, surviving spouses of mesothelioma victims may claim compensation for loss of consortium.
Certain states have laws that are more favorable to mesothelioma patients than others. Illinois, for example, has a law that allows residents to bring lawsuits against asbestos-related companies for negligence and negligent deaths. Its lawyers have secured a number multi-million dollar verdicts and asbestos victims from other states have also been compensated.
Many asbestos producers declared bankruptcy in the face of thousands of lawsuits. The bankruptcy process resulted in more lenient compensation for plaintiffs since the companies didn't have to defend their cases in public.
Nonetheless, asbestos litigation is complex. The litigation process involves the filing of a complaint, gathering evidence like medical records and interviewing former co-workers or family members, as well as doctors. It is essential to work with a mesothelioma attorney who has the experience of handling cases that are complex. 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 make an insurance claim. A mesothelioma lawyer with experience can also assist you in filing for an insurance or trust fund settlement.