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How an Asbestos Lawyer Can Help You Understand Your Claim Options A New York asbestos lawyer who has experience can help victims to determine their options. A lawyer can identify when and where someone was exposed to asbestos, and what companies could be responsible. A victim may file a personal injuries lawsuit, a wrongful-deaths lawsuit, or an asbestos trust funds claim. Each option has different requirements and can result in different award. Personal Injury Cases A person who is injured as a result of asbestos exposure could sue for compensation. Depending on the nature of injury, an individual may be able to claim damages for medical expenses, lost wages and pain and suffering. Family members of the victim may also file a wrongful-death lawsuit to receive financial assistance to pay funeral costs and also gain a sense closure following the loss of a beloved person to mesothelioma or an asbestos-related disease. Employers or manufacturers can be held responsible for an asbestos lawsuit if they breached their legal obligation to protect employees from harm. A breach of the duty of an employer may be the result of negligent hiring, training, or maintenance, or supervision. A defective product that causes injuries can also be sold or supplied. It is essential to speak with an attorney as soon following exposure to asbestos as is possible. State laws impose time limits (known as statutes or limitations) on how long plaintiffs have to bring a lawsuit. In mesothelioma-related cases, the statute of limitations begins to run as soon as the victim is diagnosed with mesothelioma or another 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 could have a premises-liability lawsuit. For instance, a construction worker could be injured by asbestos in an energy plant or on an Navy ship. Anyone who has been exposed to asbestos by indirect means like washing clothes for a loved one could also bring a personal injury lawsuit. Many mesothelioma lawsuits have been filed against large corporations because they were the ones responsible for the exposure of the victim to asbestos. Certain of these cases have resulted in substantial settlements and jury awards. Class action lawsuits have also been filed against companies in relation to how they handled asbestos or stored on their property. The amount of compensation you can receive from a mesothelioma case is contingent on a variety of factors, including your age when diagnosed as well as the prognosis and expectancy of your condition, the extent of your injuries as well as the amount of pain and suffering. Your lawyer and you should examine the details of your case to determine the fair value of your mesothelioma lawsuit. Product Liability Cases The law governing product liability allows asbestos victims to sue manufacturers, distributors and retailers of dangerous products that led to their exposure. These defendants may also be held liable for negligence. It is not unusual for more than one company due to the wide variety of exposure sources and exposure sources, to be held accountable for asbestos-related injuries. Mesothelioma patients are exposed to asbestos during work in workplaces such as shipbuilding and construction. However mesothelioma cases in a majority of cases and other asbestos-related illnesses stem from non-occupational exposure as well, such as living in homes that are constructed using asbestos materials, going to or working on sites containing asbestos, or handling asbestos-containing products sold by third parties. The legal concepts of strict liability and breach of warranty are essential to mesothelioma lawsuits. Strict liability, which is a type of negligence, means 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 situations. A breach of warranty is when a manufacturer or seller makes a claim regarding their product that causes injuries. If, for instance, a manufacturer or seller claims an asbestos product to be safe to use and it turns out unreasonably hazardous the seller could be held accountable for injuries. Asbestos litigation is complicated due to the fact that many of the companies responsible for asbestos exposure have gone bankrupt or have been bought by other businesses. This is called apportionment, and state laws define the rules that govern how a judge or jury assigns liability to each defendant in a particular case. In the case of Mary Wild, v. Owens Illinois, 705 A.2d. In the case of Mary Wild, v. Owens Illinois, 705 A.2d (Md. Ct. Spec. App. 1998) The decedent's mesothelioma lawsuit alleged that she was exposed to asbestos when she washed and handled her 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 clothing or body. Due to the long-lasting mesothelioma's latency, it is important to keep track of every asbestos exposure, regardless of whether it is known or suspected. A mesothelioma lawyer can help people determine the best method to proceed. Firefighter Cases Firefighters are more prone to suffer from asbestos-related illnesses such as mesothelioma than other people. Their job often involves the suppression of fires in older buildings constructed with asbestos-containing materials. Even after a fire has been put out, they will need to inspect the area for safety risks and asbestos-related residues that could be present. This is especially true for firefighters who perform thorough inspections of buildings for commercial and industrial facilities. When the World Trade Center collapsed on 9/11 many firefighters were exposed to toxic asbestos dust. This dust was contaminated with massive metal particles, burning plastic, and countless tons of asbestos fibers. This is the reason that those who worked at ground zero are more likely to developing mesothelioma and other cancers. Asbestos particles can be breathed into the tissues of a firefighter's body and become lodged there for decades. This can lead to inflammation, irritation and scar tissue, which leads to the formation of a tumour. This type of tumor is known as mesothelioma and is one of the four types of cancer that are related to asbestos. The most common mesothelioma form is found in the lining that lines the lungs, referred to as the pleura. Firefighters are also at risk of developing lung cancer and other asbestos related illnesses. A lawyer with experience in asbestos-related diseases can assist those who have been diagnosed. They could be qualified for workers' compensation benefits or an asbestos lawsuit against companies accountable for their exposure. Levy Konigsberg has experience representing firefighters suffering from mesothelioma and other related diseases. Our firm has also been involved in litigation against insurance companies for the full amount of damages our clients deserve. A number of states have passed presumptive cancer protection laws for firefighters. These laws remove the burden from the firefighters suffering from cancer and presume that their illness is the result of their occupational asbestos exposure. This could make it easier to receive financial compensation, and help cover medical costs. We advise those suffering from an asbestos-related condition to speak with an attorney for mesothelioma to discuss their case. Contact us to schedule 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 can sue the owner. In these kinds of cases, it's crucial to establish that the exposure to asbestos was not solely caused by occupational exposure but as well by other causes. This could be from secondhand exposure by someone with the disease, or contaminated consumer goods such as talcum. Garden Grove asbestos lawyer might bring lawsuits against asbestos manufacturers based on product liability law. These claims are often bolstered by evidence proving that the asbestos products of the manufacturer were dangerous and unsafe. 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 large settlements for plaintiffs and their families. Victims of injuries can be awarded compensation for their past and future medical expenses, loss of regular life, loss of earning potential, as well as emotional anxiety. Additionally, the spouses of survivors of mesothelioma sufferers may sue for loss of consortium. Some states' laws are more favorable for mesothelioma victims than other. Illinois, for example, has a law that permits residents to bring lawsuits against asbestos-related companies for negligence and negligent deaths. The lawyers of the state have secured a number of multimillion-dollar verdicts and asbestos victims in other states have been compensated as well. Thousands of asbestos-related lawsuits led to bankruptcy for a number of asbestos manufacturers. The bankruptcy process allowed for more lenient compensation for plaintiffs because the companies did not have to defend their claims in public. Nonetheless, asbestos litigation is complex. The process of litigation involves the filing of a complaint and gathering evidence, such as medical records, as well as interviewing former co-workers, family members and doctors. It's important to choose an attorney for mesothelioma who has experience handling complex cases. A mesothelioma lawyer will perform an assessment of your case free of charge to determine the time, place, and the manner in which you were exposed to asbestos, so that you can make an claim. A mesothelioma attorney can help you apply for a trust or insurance settlement.