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How an Asbestos Lawyer Can Help You Understand Your Claim Options A knowledgeable New York asbestos lawyer can assist victims in understanding their claim options. A lawyer can help determine when and where someone was exposed to asbestos and which companies could be responsible. A victim can make a personal injury lawsuit, a wrongful death lawsuit or an asbestos trust fund claim. Each has its own rules and the amount of money awarded. Personal Injury Cases A person who is injured due to asbestos exposure may sue for compensation. A person could be able to claim damages for medical expenses, lost wages, as well as pain and suffering depending on the type and severity of their injury. The family members of the victim could also pursue an action for wrongful death to obtain financial assistance and closure after losing a loved ones to asbestos-related diseases such as mesothelioma. A manufacturer or employer can be held liable for an asbestos lawsuit if they violated its legal obligation to safeguard workers from injuries. An employer's duty can be breached by negligent hiring or training, maintenance, or supervision. A defective product that leads to injuries can also be sold or marketed. It is crucial to consult 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-related cases, the statute of limitations begins to run the moment the victim is diagnosed with mesothelioma, or any other asbestos-related disease. The types of lawsuits that an individual can pursue will depend on the location and how they were exposed to asbestos. A victim could be able to file a premises liability suit if they were exposed to asbestos while at work. For instance an employee working in construction might be injured by asbestos at an energy plant or on an Navy ship. Someone who was exposed by second-hand exposure to asbestos, like when washing the clothes of a beloved one, can also file a lawsuit for personal injury. Asbestos exposure is the main basis for many mesothelioma cases. Some of these cases resulted in substantial settlements and jury awards. Class action lawsuits have also been filed against companies concerning how they handled asbestos or stored on their premises. Lake Forest asbestos lawsuits of compensation that you could receive in a mesothelioma case depends on many factors, including the age at the time you were diagnosed and your prognosis, life expectation, your injuries and the extent of your suffering and pain. Your attorney and you must look over the details of your case to determine the fair amount for your mesothelioma suit. Product Liability Cases The product liability law allows asbestos-related victims to sue manufacturers, distributors and retailers who sold hazardous products that led to their exposure. The defendants could also be held accountable for negligence. It's not uncommon for more than one company, due to the variety of exposure sources that they are held accountable for asbestos-related injuries. Mesothelioma victims are exposed to asbestos on the job in occupational settings such as construction and shipbuilding. However many cases of mesothelioma and other asbestos-related illnesses stem from non-occupational exposure as well, such as living in homes built using asbestos materials, going to or working on areas that contain asbestos or handling asbestos-containing items sold by third parties. The legal concepts of strict liability and breach of warranty are essential to mesothelioma lawsuits. Strict liability, which is a kind of negligence, means that the defendant is accountable for any harm if they do not exercise the same level of care as other individuals in similar circumstances. A breach of warranty occurs when a seller or seller makes a claim about their product that causes injury. For instance, if a manufacturer or seller declares that their asbestos product is safe to use and it is found to be unreasonable hazardous, the seller could be held responsible for resultant injuries. Asbestos litigation is complicated due to the fact that a lot of the companies that are responsible for asbestos exposure have gone bankrupt or have been bought by other companies. This is referred to as apportionment and state laws set the guidelines for how a jury or judge assigns liability to each defendant in a case. For instance, in the case of Mary Wild v. Owens-Illinois, 705 A.2d 58 (Md. Ct. Spec. App. 1998) The mesothelioma case of the deceased claimed that she was exposed to asbestos when she washed and handled her husband's work clothing at Bethlehem Steel. The court ruled Bethlehem Steel was not required to warn Mrs. Wild about the risks of asbestos exposure through the clothing of her husband or his body. Due to the long mesothelioma's latency, it is essential to keep track of every asbestos exposure, regardless of whether it is known or suspected. A mesothelioma lawyer will help individuals determine the best way to proceed. Firefighter Cases Firefighters could be more susceptible than the general population to contract asbestos-related illnesses such as mesothelioma. Their job often involves the suppression of fires in older buildings that were built using asbestos-containing materials. Even after a fire is put out, they will need to examine the area for safety risks and potential asbestos residue. This is particularly true for firefighters who conduct extensive inspections of industrial and commercial buildings. When the World Trade Center collapsed on 9/11 many firefighters were exposed to toxic asbestos dust. The dust contained heavy metallic particles, burning plastic, and numerous asbestos fibers. This is why those who worked in the ground zero area are more likely to developing mesothelioma or other types of cancer. Asbestos can enter the tissues of the firefighter's body and linger there for a long time. This can cause inflammation, irritation and scar tissue, which leads to the formation 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. The most prevalent form of mesothelioma occurs in the lining of the lungs, which is known as the pleura. Firefighters are also at risk of lung cancer and other asbestos-related diseases. A lawyer who has experience with asbestos-related illnesses can assist those who have been diagnosed. They could be eligible for workers compensation benefits, or may be able to sue the companies that caused their asbestos exposure. Levy Konigsberg is experienced in representing firefighters suffering from mesothelioma or any other related illness. Our firm has also been successful in pursuing litigation against insurance companies to ensure that our clients receive the total amount of damages our clients are entitled to. Many states have adopted presumptive coverage laws for firefighters. These laws take the burden of proof for firefighters who have cancer and assume that their illness was the result of their work exposure to asbestos. This can make it easier to get financial compensation and also aid in the payment of medical expenses. We recommend those suffering from an asbestos-related disease to speak with an attorney for mesothelioma to discuss their case. Contact us for a confidential, free consultation. Commercial Cases For instance when an employee of an asbestos-containing structure is diagnosed with mesothelioma they could sue the building owner. In these cases, it's important to establish that the exposure to asbestos wasn't just caused by occupational exposure but also by other factors. This could include secondhand exposure from someone who has the disease or from contaminated consumer products such as talcum powder. Workers also might file lawsuits against asbestos manufacturers according to the law of product liability. These claims are usually supported by evidence that shows the asbestos products of the manufacturer were dangerous and defective. These lawsuits aren't only targeted at the compensation of asbestos victims, but also companies who did not follow the warnings and put unsafe products on the market. Asbestos lawsuits can result large payouts to plaintiffs and their families. 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 stress. Additionally, the spouses of survivors of mesothelioma patients can sue for loss of consortium. Some states have laws that are more favorable to mesothelioma patients than other states' laws. For instance the state of Illinois has a law which permits residents to sue asbestos companies for negligence and wrongful deaths. Their lawyers have won several multimillion-dollar verdicts and asbestos victims in other states have also received compensation too. Many of the asbestos manufacturers filed for bankruptcy in the facing of a flood of lawsuits. The bankruptcy process resulted in greater compensation for plaintiffs since the companies did not need to defend their case in court. Nonetheless, asbestos litigation is complex. The process of litigation includes the filing of a complaint and gathering evidence, such as medical records and interviewing former coworkers, family members and doctors. It is essential to consult with a skilled mesothelioma lawyer that has handled complex cases. A mesothelioma lawyer will perform a case evaluation for free to determine when, where and how you were exposed. This will assist you to file an insurance claim. A mesothelioma lawyer will assist you in applying for a trust or insurance settlement.