The 10 Most Scariest Things About Exposure To Asbestos Lawsuit

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 the asbestos and which companies could be accountable.

A victim can bring a personal injury lawsuit or wrongful death lawsuit or an asbestos trust fund claim. Each option has different requirements and results in different award.

Personal Injury Cases

Someone who has been injured by asbestos exposure can bring a lawsuit to recover compensation. Depending on the type of injury, a person may be able to claim damages for medical bills as well as lost wages, suffering and pain. Family members of the victim may also file a wrongful-death lawsuit seeking financial compensation to pay funeral costs and to gain a sense of closure following the loss of a loved 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 danger. A breach of an employer's duty could be due to negligent hiring, training, maintenance, or supervision. A defective product that causes injuries can also be sold or marketed.

It is essential to speak with an attorney as soon after exposure to asbestos as possible. State laws have time limits (known as statutes or limitations) on how long plaintiffs have to bring a lawsuit. In mesothelioma, the statute of limitation begins to run once the victim is diagnosed as having mesothelioma.

The kind of lawsuits an individual can file will depend on the circumstances and the place 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 in an energy plant or on the deck of a Navy vessel. A person who was exposed by second-hand exposure to asbestos, such as when washing the clothes of a beloved one, may also file a lawsuit for personal injury.

Many mesothelioma lawsuits have been brought against large corporations due to the fact that they were the ones responsible for the victim's exposure to asbestos. Certain of these cases have resulted in significant jury awards and settlements. Class action lawsuits have been filed against businesses in relation to how they handled asbestos attorneys or stored it on their premises.

The amount of compensation that you could receive in a mesothelioma-related case is contingent on a variety of factors such as the age at when you were diagnosed and your prognosis, life expectancy, your injuries and your pain and suffering. You and your attorney should examine the specifics of your case to determine a fair value for your mesothelioma lawsuit.

Product Liability Cases

Product liability law allows asbestos victims to sue the distributors, manufacturers, and retailers of hazardous products that caused their exposure. They can also be held responsible for their negligence. In the case of asbestos, it's common for more than one company to be found liable due to the variety of exposure sources.

Mesothelioma is a result of asbestos exposure in the workplace, like in shipbuilding and construction. A large number of cases of mesothelioma and other asbestos-related illnesses result from non-occupational exposures, like working or living in homes that are constructed using asbestos-containing materials or handling products containing asbestos that are manufactured by third parties.

The legal concepts of strict liability and breach of warranty are crucial to mesothelioma lawsuits. Strict liability is a form of negligence, which means that a defendant is liable for an injury when they fail to uphold the standard level of care that any other person in their position would have performed under similar circumstances.

A breach of warranty occurs when a seller or seller makes a claim about their product which causes injuries. If, for instance, a manufacturer or seller declares an asbestos product to be safe to use and it turns out to be unreasonably dangerous the seller could be held accountable for the injuries.

Asbestos litigation can be complicated by the fact that a lot of asbestos-exposed companies have gone bankrupt or were acquired by other companies. This is known as apportionment and state laws set the guidelines for how a judge or jury 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 decedent's mesothelioma lawsuit alleged that she was exposed to asbestos when she washed and cleaned her husband's work clothing at Bethlehem Steel. The court declared that Bethlehem Steel did not owe Mrs. Wild a duty to warn her about the risks of asbestos exposure on the clothing and body of her husband.

Due to the long mesothelioma's latency, it is important to keep track of every asbestos exposure, no matter if it is known or suspected. An experienced mesothelioma attorney can help individuals determine the best way to approach this issue.

Firefighter Cases

Firefighters may be more likely than the general population to suffer from asbestos-related diseases such as mesothelioma. Their work typically involves extinguishing fires in older structures that were constructed using asbestos-containing materials. Even after a fire has been put out, they will need to inspect the area for potential safety hazards and possible asbestos residue. This is particularly applicable to firefighters who conduct in-depth building inspections for industrial and commercial facilities.

When the World Trade Center collapsed on 9/11 many firefighters were exposed to toxic asbestos dust. The dust was heavy metallic particles, burning plastic and tons of asbestos fibers. This is why people who served 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 remain there for a long time. This can cause inflammation, irritation and scar tissue that can lead to the formation of a tumor. The tumor is referred to as mesothelioma. It is one of four types of asbestos-related cancer. Pleural mesothelioma is by far the most frequent mesothelioma type, which develops in the lung's lining known as the pleura.

Firefighters are also at risk of developing lung cancer and other asbestos related illnesses. A lawyer with experience in asbestos-related illnesses can assist those who have been diagnosed. They may be qualified for benefits from workers' compensation or an asbestos lawsuit against companies accountable for their exposure.

Levy Konigsberg is experienced in representing firefighters suffering from mesothelioma or other related illnesses. Our firm is also skilled in pursuing litigation against insurance companies to recover the full amount of damages that our clients are entitled to.

A number of states have passed presumptive cancer coverage laws for firefighters. These laws relieve the burden from the firefighters suffering from cancer and presume that their illness is caused by asbestos exposure from their job. This can make it easier to obtain financial compensation and help cover medical costs. We encourage anyone with an asbestos-related illness to speak with a Mesothelioma Attorney to discuss their case. Contact us today to arrange an initial, free, confidential consultation.

Commercial Cases

If, for example an employee who was employed in an asbestos-containing facility is diagnosed with mesothelioma, they could sue the property owner. In these cases, it is important to prove the asbestos exposure wasn't just caused by occupational exposure, but also from other factors. It could be due to exposure to asbestos by a person who has the disease, or from contaminated consumer products such as talcum.

Workers also might make claims against asbestos manufacturers in accordance with the law on product liability. These claims are often bolstered by evidence that the asbestos manufacturer's products were hazardous and unsafe. These lawsuits aren't just focused on paying compensation to asbestos victims, but also companies who did not follow the warnings and put unsafe products on the marketplace.

Asbestos lawsuits often result in substantial payouts to plaintiffs and their families. For instance, those who are injured are entitled to compensation for future and past medical costs and loss of their normal lifestyle and earning capacity, and emotional anxiety. Spouses of victims of mesothelioma are also able to sue for loss in consortium.

Some state laws are more favorable to mesothelioma patients than others. For instance the state of Illinois has a statute that allows residents to sue asbestos companies for negligence and wrongful deaths. The lawyers of the state have won a number multi-million dollar settlements, and asbestos victims from other states have also been compensated.

Thousands of asbestos lawsuits led to bankruptcy for many asbestos manufacturers. The bankruptcy process made it easier for plaintiffs to receive compensation, as the companies were not required to defend themselves in public trials.

Nonetheless, asbestos litigation is complex. The process of litigation begins with the filing of a lawsuit, obtaining evidence such as medical records, and interviewing former colleagues, family members, and doctors. It is essential to work with mesothelioma lawyers who have experience handling complex cases. A mesothelioma lawyer will conduct an evaluation of your case for free to determine when, where and how you were exposed to asbestos so that you can make an insurance claim. A mesothelioma lawyer can assist you in applying for an insurance settlement or trust.