How an Asbestos Lawyer Can Help You Understand Your Claim Options
A knowledgeable New York asbestos lawyer can help victims understand their options for claiming. A lawyer can determine what happened to the person who was exposed to asbestos and which companies may be responsible.
Cambridge asbestos attorneys can file a personal injury lawsuit, a wrongful death lawsuit or an asbestos trust fund claim. Each has its own requirements and award.
Personal Injury Cases
Someone who has been injured by asbestos exposure can bring a lawsuit to recover compensation. A person may be entitled to 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 expenses and gain a sense of closure following the loss of a beloved person to mesothelioma or an asbestos-related illness.
Employers or manufacturers can be held responsible for an asbestos lawsuit, in the event that they violated their legal obligation to safeguard employees from danger. A breach of a duty of an employer could be due to negligent hiring, training and maintenance, or supervision. It is also possible to violate the duty by selling or the supply of a defective product which can cause injury.
It is crucial to consult an attorney as soon following exposure to asbestos as possible. State laws have time limits (known as statutes or limitations) on the time that plaintiffs have to make a claim. In mesothelioma-related cases, the statute of limitations starts to run when the victim is diagnosed with mesothelioma, or any other asbestos disease.
The type of lawsuits an individual may file will depend on where and how they were exposed to asbestos. If asbestos was present at work, a victim may be able to file a premises liability lawsuit. For example, a construction worker could be injured by asbestos in an energy plant or on the deck of a Navy ship. Anyone who has been exposed through second-hand exposure to asbestos, such as when washing the clothes of a loved one, can also bring a lawsuit to claim personal injury.
Asbestos exposure is the main cause of many mesothelioma cases. Certain of these cases have resulted in substantial jury awards and settlements. Class action lawsuits have been filed against businesses concerning how they handled asbestos or stored on their premises.
The amount of compensation you could receive from a mesothelioma lawsuit depends on a variety of variables such as your age at the time you were diagnosed, the prognosis and life expectancy of your disease and the severity of your injuries and the amount of pain and suffering. Your attorney and you should review the details of your case to determine the fair amount for your mesothelioma suit.
Product Liability Cases
The law of product liability permits asbestos victims to sue the manufacturers, distributors and retailers of dangerous products that led to their exposure. These defendants can also be held accountable for their negligence. It is not unusual for more than one company due to the wide variety of exposure sources, to be held liable in the event of asbestos.
Mesothelioma can be caused by asbestos exposure in the workplace, such as in construction and shipbuilding. Many cases of mesothelioma, and other asbestos-related illnesses, result from non-occupational exposures, like working or living in homes built with asbestos materials or handling asbestos-containing third-party products.
The legal concepts of strict liability and breach of warranty are key to mesothelioma lawsuits. Strict liability, which is a type of negligence, means that the defendant is responsible for any injury they suffer if they do not take the same amount of care as other people in similar situations.
A breach of warranty occurs when a seller or manufacturer claims to be able to provide a product that results in injuries. For instance, if a manufacturer or seller declares an asbestos product to be safe to use but it proves to be dangerous in a way that is unreasonable the seller could be held accountable for the injuries.
Asbestos litigation can be complicated by the fact many of the asbestos-exposed businesses have gone under or were purchased by other companies. This is called an apportionment. State laws dictate the way a judge assigns liability to each defendant.
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 time frame associated with mesothelioma, it is crucial to keep a record of all asbestos exposure, regardless of whether it is known or suspected. A mesothelioma lawyer can help individuals determine the best way to proceed.
Firefighter Cases
Firefighters are more prone to suffer from asbestos-related illnesses such as mesothelioma, than the general population. They are often required to extinguish fires in structures built with asbestos-containing materials. Even after a fire has been extinguished they might still be required to check for asbestos-related residues and safety hazards. This is especially true for firefighters who conduct thorough inspections of commercial and industrial buildings.
When the World Trade Center collapsed on 9/11, many firefighters were exposed toxic asbestos dust. This dust contained massive metal particles, burning plastic and many tons of asbestos fibers. This is the reason why people who worked at ground zero are more likely to developing mesothelioma or other cancers.
Asbestos particles can be breathed into a firefighter's inner tissues and then remain there for years. This may cause irritation, inflammation and scar tissue, which can lead to the formation of the formation of a tumor. This tumor is known as mesothelioma. It is one of four kinds of asbestos-related cancer. Pleural mesothelioma is the most common mesothelioma that forms in the lung's lining known as the pleura.
Firefighters are also at risk of developing lung cancer and other asbestos related illnesses. If you have been diagnosed with an asbestos-related condition should consult an experienced attorney about their situation. They could be qualified for workers' compensation benefits or an asbestos lawsuit against companies responsible for their exposure.
Levy Konigsberg has experience representing firefighters suffering from mesothelioma or related illnesses. Our firm has also been involved in lawsuits against insurance companies to recover the full amount of damages our clients are entitled to.
Many states have passed presumptive cancer coverage laws for firefighters. These laws remove the burden on firefighters suffering from cancer and assume that their illness is due to asbestos exposure from their job. This can make it easier to obtain financial compensation, and help with medical expenses. We advise those suffering from 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 an employee who worked in an asbestos-containing structure is diagnosed with mesothelioma they may sue the owner. In these cases, it's crucial to demonstrate that the exposure to asbestos was not only caused by occupational exposure but also due to other factors. This could include exposure from someone with the disease or by contamination of consumer products like talcum powder.
Workers may also make claims 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 remuneration for asbestos victims, these lawsuits seek to slap companies who ignored warnings and continued putting unsafe products on the market.
Asbestos lawsuits can result in massive payouts for plaintiffs and their family members. For instance, people who have been injured are entitled to compensation for past and future medical costs and loss of their normal lifestyle and earning capacity, and emotional distress. Additionally, the spouses of survivors of mesothelioma patients can sue for loss of consortium.
Some state laws are more favorable to mesothelioma sufferers than other. For instance, the state of Illinois has a law which permits residents to sue asbestos companies for negligence and wrongful death. Its lawyers have won several multi-million-dollar settlements, and asbestos victims from other states have also been compensated.
Thousands of asbestos lawsuits resulted in bankruptcy for many asbestos manufacturers. The bankruptcy process allowed for greater compensation for plaintiffs since the companies did not have to defend their cases in court.
Nonetheless, asbestos litigation is complex. The process of litigation involves the filing of a complaint and gathering evidence, such as medical records and interviewing former colleagues as well as family members and doctors. It is crucial to consult with an attorney for mesothelioma who has expertise in handling complicated cases. A mesothelioma lawyer will perform a case evaluation for free to determine the date, time, and how you were exposed. This will allow you to make a claim. A mesothelioma attorney can assist you in applying for a trust or insurance settlement.