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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 options for claiming. A lawyer can help determine the time and place when someone was exposed to asbestos and the companies that could be liable. A victim may make a personal injury claim, a wrongful death lawsuit or an asbestos trust fund claim. Each has its own set of requirements and the amount of money awarded. Personal Injury Cases A person who suffers an injury from asbestos exposure could file a personal injury lawsuit to recover compensation. A person may be eligible to claim damages for medical expenses, lost wages and pain and suffering dependent on the nature and severity of their injuries. The family members of the victim could also file a lawsuit for wrongful deaths to obtain financial assistance and closure after losing a loved ones to asbestos-related illnesses like mesothelioma. A manufacturer or employer could be held accountable for an asbestos lawsuit if it breached its legal obligation to safeguard workers from injuries. A breach of a duty of an employer could be due to negligence in hiring, training, maintenance, or oversight. A defective product that causes injuries may also be sold or supplied. It is crucial to speak with an attorney as soon as is possible after exposure to asbestos because state laws establish time limits, known as statutes of limitation, on how long a plaintiff has to start a lawsuit. For mesothelioma, the statute of limitations begins to run when the victim is diagnosed as having mesothelioma. The types of lawsuits that an individual can be able to file will depend on the place and how they were exposed to asbestos. If Bridgeport asbestos lawyer was present at work, the victim may be able to file a premises liability lawsuit. A construction worker could be injured by asbestos at a power station or on a Navy vessel. Someone who was exposed to asbestos via indirect means like washing a loved one's clothes could also bring a personal injury lawsuit. Asbestos exposure is the main basis for many mesothelioma cases. Certain of these cases have resulted in substantial settlements and jury awards. Companies have also been accused of being sued in class action lawsuits over the way they stored or handled asbestos on their premises. The amount of compensation you could receive in a mesothelioma-related case depends on many factors such as the age at the time you were diagnosed, your prognosis, your life expectancy, your injuries and the extent of your suffering and pain. Your attorney and you should examine the specifics of your case to determine a reasonable amount for your mesothelioma suit. Product Liability Cases The law of product liability permits asbestos victims to sue distributors, manufacturers, and retailers of dangerous products that caused their exposure. The defendants could also be held responsible for negligence. It is not unusual for more than one company, due to the variety of exposure sources and exposure sources, to be held accountable in the case of asbestos. Mesothelioma patients are exposed to asbestos on the job in workplaces such as construction and shipbuilding. However many cases of mesothelioma and other asbestos-related illnesses result from non-occupational exposures too, like living in homes constructed using asbestos materials, going to or working on sites containing asbestos, or handling asbestos-containing products offered by third party sellers. Mesothelioma cases rely on the legal concepts of strict liability and breach of warranty. Strict liability is one type of negligence, which implies that a defendant is liable for an injury when they fail to adhere to the standard level of care that a person in their position would have exercised under similar circumstances. A breach of warranty is when a seller or manufacturer makes a claim about their product that results in injury. For instance, if an individual or company states that the asbestos product is safe to use, and it proves to be excessively hazardous, the seller could be held liable for the resulting injuries. Asbestos litigation can be complicated due to the fact that a lot of the companies that are responsible for asbestos exposure have gone bankrupt or been acquired by other companies. This is called an apportionment. State laws dictate the way a judge assigns liability to each defendant. 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 clothes at Bethlehem Steel. The court ruled that Bethlehem Steel did not owe Mrs. Wild a duty to warn about the foreseeable risks of asbestos exposure to the clothing and body of her husband. Due to the lengthy mesothelioma's latency time, preserving an accurate record of any known or suspected asbestos exposure is important. A mesothelioma lawyer can assist individuals determine the best way to proceed. Firefighter Cases Firefighters are more likely develop asbestos-related diseases such as mesothelioma, than the general population. They often have to extinguish fires in structures constructed with asbestos-containing materials. Even after a fire is extinguished, firefighters may have to inspect the area for safety hazards and asbestos-related residues that could be present. This is especially applicable to 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. The dust contained massive metallic particles, burning plastic and 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 get into the tissues of a firefighter's body and become lodged there for a long time. This can lead to inflammation, irritation, and scar tissue which can lead to the development of a tumour. The tumor is referred to as mesothelioma and is one of the four types of asbestos-related cancer. The most prevalent mesothelioma form is found in the lining that lines the lungs, called the Pleura. In addition to mesothelioma, firefighters are also at risk of lung cancer as well as other asbestos-related illnesses. Anyone diagnosed with an asbestos-related illness should talk to an experienced lawyer about their situation. They could be qualified for benefits from workers' compensation or an asbestos lawsuit against companies accountable for their exposure. Levy Konigsberg is experienced in representing firefighters who have mesothelioma or any other related illness. Our firm has also been involved in lawsuits against insurance companies to recover the total amount of damages our clients are entitled to. A number of states have passed presumptive cancer protection laws for firefighters. These laws remove the burden of firefighters who have cancer, and assume that their illness is the result of their occupational asbestos exposure. This can make it easier for those suffering from cancer to receive financial compensation and cover medical expenses. We recommend anyone suffering from an asbestos-related condition to contact an attorney who specializes in Mesothelioma to discuss their case. Contact us to schedule a free, confidential consultation. Commercial Cases For example when someone who worked in an asbestos-containing building is diagnosed with mesothelioma they could sue the building owner. In these types of instances, it is essential to demonstrate that the exposure to asbestos wasn't just caused by occupational exposure but also due to other factors. This could be a result of exposure to asbestos by a person who has the disease, or from contaminated consumer goods such as talcum. Workers also might make claims against asbestos manufacturers in accordance with the law on product liability. These claims are usually supported by evidence that shows the asbestos manufacturer's product was dangerous and unsafe. These lawsuits aren't only focused on paying compensation to asbestos victims, but also companies that did not follow the warnings and put unsafe products on the market. Asbestos lawsuits can lead to 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 as well as loss of normal living as well as lost earning capacity and emotional anxiety. Additionally, the spouses of survivors of mesothelioma sufferers may claim compensation for loss of consortium. Some states' laws are more favorable to mesothelioma patients than others. For instance the state of Illinois has a statute which permits residents to sue asbestos companies for negligence and wrongful deaths. Its lawyers have obtained several multimillion-dollar verdicts, and asbestos victims in other states have been compensated as well. Many asbestos producers declared bankruptcy in the face of thousands of lawsuits. The bankruptcy process made it easier for plaintiffs to get 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, collecting evidence like medical records, and appointing former colleagues, family members as well as doctors. It is important to work with an experienced mesothelioma lawyer who has handled complicated cases. A mesothelioma lawyer will conduct an assessment of your case at no cost to determine the date, time, and the extent to which you were exposed. This will allow you to make an insurance claim. A mesothelioma lawyer will assist you in obtaining an insurance settlement or trust.