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How an Asbestos Lawyer Can Help You Understand Your Claim Options A skilled New York asbestos lawyer can assist victims in understanding their options for claiming. A lawyer can identify when and where someone was exposed to asbestos and what businesses could be accountable. A victim can bring a personal injury lawsuit or wrongful death suit or an asbestos trust fund claim. Each option has its own rules and award. Personal Injury Cases A person who is injured by asbestos exposure can file a lawsuit for compensation. A person could be entitled to damages for medical expenses, lost wages, and pain and suffering depending on the type and severity of their injury. Families of the victim may also file a lawsuit for wrongful deaths to get financial compensation and closure after losing their loved ones to asbestos-related diseases such as mesothelioma. An employer or manufacturer can be held liable for an asbestos lawsuit if they violated its legal duty to protect workers from injury. A breach of an employer's duty could be due to negligence in hiring, training, maintenance, or supervision. It can also be breached by selling or supplying a defective product that can cause injury. It is crucial to speak with an attorney as soon as you can after exposure to asbestos because state laws set time limits, known as statutes of limitation, on the time a plaintiff is required to file an action. In mesothelioma, the statute of limitation begins to run once the victim is diagnosed as having mesothelioma. The types of lawsuits an individual may be able to file will depend on the place and how they were exposed to asbestos. If asbestos was present at work, a victim may be subject to a premises-liability lawsuit. For example an employee working in construction may be injured by asbestos in an energy plant or on the deck of a Navy ship. Someone who was exposed to asbestos by secondhand methods such as washing a loved one's clothes may also file a personal injury lawsuit. Many mesothelioma lawsuits have been filed against large corporations as they caused the victim's exposure to asbestos. Some of these cases have resulted in significant settlements and jury awards. Companies have also been accused of class action lawsuits over the way they stored or handled asbestos on their premises. The amount of compensation you could receive in a mesothelioma lawsuit depends on several factors, including the age at the time you were diagnosed and your prognosis, life expectation, your injuries and your pain and suffering. Your lawyer and you should look over the details of your case in order to determine the fair value of your mesothelioma case. Product Liability Cases The law of product liability permits asbestos victims to sue manufacturers, distributors and retailers of hazardous products that caused their exposure. The defendants could be held responsible for negligence. It's not uncommon for more than one company, due to the variety of exposure sources, to be held liable in the case of asbestos. Mesothelioma sufferers are exposed to asbestos during work in work environments such as shipbuilding and construction. A large number of cases of mesothelioma and other asbestos-related illnesses are the result of non-occupational exposure, for example, living or working in homes constructed with asbestos-containing materials or handling products that contain asbestos from third parties. The legal concepts of strict liability and breach of warranty are key to mesothelioma lawsuits. Strict liability is a type of negligence. It means that a defendant is accountable for injury if they fail to uphold the standard level of care that a person in their position would have performed in similar circumstances. A breach of warranty is when a manufacturer or seller makes a claim about their product that results in injuries. For example when the seller or manufacturer declares that an asbestos product is safe to use and it proves to be excessively dangerous, the manufacturer or seller could be held responsible for results of injuries. Asbestos litigation can be complicated due to the fact that many of the companies that have been responsible for asbestos exposure have gone bankrupt or been acquired by other companies. This is known as apportionment and state laws define the guidelines for how a judge or jury determines the liability of every defendant in a case. In the case of Mary Wild, v. Owens Illinois 705 A.2d. The Court of Appeals for the District of Columbia, 58 (Md. Ct. Spec. App. App. The court ruled that Bethlehem Steel did not owe Mrs. Wild a duty to warn about the foreseeable risks of asbestos exposure on the clothes and body of her husband. Due to the lengthy latency period associated with mesothelioma maintaining a thorough record of any suspected or confirmed asbestos exposure is essential. A mesothelioma lawyer will help individuals decide on the best way to proceed. Firefighter Cases Firefighters are more likely develop asbestos-related illnesses like mesothelioma, than the general population. Their work often involves putting out fires in buildings that were built using asbestos-containing materials. Even after a fire is put out, they will need to check the area for safety risks and potential asbestos residue. This is particularly relevant for firefighters who conduct in-depth building inspections for commercial and industrial facilities. When the World Trade Center collapsed on 9/11 many firefighters were exposed to toxic asbestos dust. This dust contained large metallic particles, burning plastic, and tons of asbestos fibers. This is why those who worked in the ground zero area are more likely to developing mesothelioma or other cancers. Asbestos can enter the inner tissues of a firefighter's body and linger there for many years. This can cause inflammation, irritation, and scar tissue which can lead to the development of a tumour. The mesothelioma tumor is a type of cancer and is one of the four types of cancer that are related to asbestos. Pleural mesothelioma is by far the most prevalent mesothelioma that is found in the lining of the lungs known as the pleura. Firefighters are also at risk of lung cancer as well as other asbestos related illnesses. 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 can sue the companies that caused their asbestos exposure. Levy Konigsberg has experience representing firefighters suffering from mesothelioma or related diseases. Our firm is also skilled in pursuing lawsuits against insurance companies to recover the total amount of damages our clients deserve. A lot of states have passed presumptive coverage for cancer laws for firefighters. These laws take the burden from the firefighters who have cancer, and assume that their illness is caused by asbestos exposure from their job. This could make it easier for them to receive financial compensation as well as help pay medical expenses. We recommend anyone suffering from an asbestos-related illness to speak with an attorney who specializes in Mesothelioma to discuss their case. Contact us to schedule an initial, free, confidential consultation. Commercial Cases For instance If someone who worked in an asbestos-containing structure is diagnosed with mesothelioma, they could sue the property owner. In these cases, it is important to prove the asbestos exposure was not just caused by occupational exposure, but also other factors. This could be due to exposure from someone who has the disease or by contaminated consumer products such as talcum powder. Workers may also bring lawsuits that are based on the law of product liability against asbestos manufacturers. These claims are usually backed by evidence that the 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 making unsafe products available on the market. Asbestos lawsuits can result massive payouts for plaintiffs and their families. For Fort Collins asbestos lawyers , injured people are entitled to the compensation they deserved for their past and future medical expenses, loss of normal life and earning capacity, and emotional stress. Spouses of victims of mesothelioma may also sue for loss in consortium. Certain state laws are more favorable for mesothelioma victims than others. For instance the state of Illinois has a law that permits residents to sue asbestos companies for negligence and wrongful deaths. The lawyers of the state have won many multi-million dollar settlements, and asbestos victims from other states have also been compensated. Thousands of asbestos-related lawsuits led to bankruptcy for many asbestos manufacturers. The bankruptcy process resulted in more lenient compensation for plaintiffs since the companies didn't have to defend their claims in court. Nonetheless, asbestos litigation is complex. The process of litigation starts with the filing of a lawsuit, gathering evidence, such as medical records and obtaining interviews with former colleagues, family members and doctors. It is essential to choose an attorney for mesothelioma who has the experience of handling cases that are complex. A mesothelioma lawyer will perform an evaluation of your case for free to determine where, when and the manner in which you were exposed to asbestos so that you can file a claim. A mesothelioma lawyer will help you apply for a trust or insurance settlement.