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How an Asbestos Lawyer Can Help You Understand Your Claim Options A New York asbestos lawyer who is experienced can help victims know their options. A lawyer can determine the time and place when someone was exposed to asbestos and the companies that could be responsible. A victim may file a personal injuries lawsuit, a wrongful death lawsuit or an asbestos trust fund claim. Each has its own requirements and awards. Personal Injury Cases Someone who has been injured due to asbestos exposure may sue for compensation. A person could be able to claim damages for medical expenses, lost wages, and pain and suffering according to the nature and severity of their injuries. Families of the victim may also file a lawsuit for wrongful death to obtain financial assistance and closure following the loss of their loved ones to asbestos-related diseases like mesothelioma. An employer or manufacturer can be held responsible for an asbestos lawsuit, when they have violated their legal duty to protect employees from harm. The duty of an employer is breached when they fail in hiring training, maintenance, and supervision. A defective product that leads to injuries can be sold or provided. It is essential to consult with an attorney as soon as possible after an exposure to asbestos since state laws establish time limits, known as statutes of limitation, on the time a plaintiff is required to start a lawsuit. In mesothelioma cases, the statute of limitations starts to run as soon as the victim is diagnosed with mesothelioma or another asbestos-related diseases. The type of lawsuits that one can file depend on how and where they were exposed. If asbestos was present at work, the victim may be subject to a premises-liability lawsuit. A construction worker may be injured by asbestos at a power station or on a Navy vessel. A person who was exposed to second-hand asbestos, like when washing the clothes of a loved one, may also file a lawsuit for personal injury. Many mesothelioma lawsuits have been filed against large corporations because they were the ones responsible for the victim's exposure to asbestos. Some of these cases have resulted in significant jury awards and settlements. 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 case depends on several factors including the age at the time you were diagnosed, your prognosis, your life expectancy, your injuries, and the extent of your suffering and pain. Your lawyer and you should review your case details to determine the fair value of your mesothelioma suit. Product Liability Cases The product liability law allows asbestos-related victims to sue distributors, manufacturers and retailers who sold asbestos-related products that caused their exposure. The defendants could also be held responsible for their negligence. In the case of asbestos, it's typical for several companies to be found liable due to the wide range of possible exposure sources. Mesothelioma is caused by asbestos exposure in the workplace, for example in construction and shipbuilding. However many cases of mesothelioma and other asbestos-related illnesses stem from non-occupational exposure too, for example, living in homes that are constructed with asbestos-containing materials, visiting or working on sites that contain asbestos or handling asbestos-containing items sold by third parties. Mesothelioma cases are based upon the legal concepts of strict liability and breach of warranty. Strict liability is a form of negligence, which means that a defendant is accountable for an injury when they fail to adhere to the standard of care that a person in their position would have exercised under similar circumstances. A breach of warranty occurs when a manufacturer or seller makes a claim regarding their product that causes injury. For instance, if a manufacturer or seller claims an asbestos product to be safe to use but it turns out to be unreasonably dangerous the seller may be held accountable for the injuries. Asbestos litigation can be complicated due to the fact many of the asbestos-exposed businesses have gone under or were acquired by other companies. This is known as an apportionment. State laws govern the way a judge assigns responsibility to each defendant. 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 handled her husband's work clothes 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 crucial to keep track of all asbestos exposure, regardless of whether it is known or suspected. A mesothelioma lawyer will help individuals decide on the best way to proceed. Firefighter Cases Firefighters are more likely suffer from asbestos-related illnesses such as mesothelioma than other people. They are often required to extinguish fires in structures constructed with asbestos-containing materials. Even after a fire has been extinguished, firefighters may have to check the area for safety risks and potential asbestos residue. This is true especially for firefighters who conduct in-depth inspections of commercial and industrial buildings. When the World Trade Center towers collapsed on September 11, many firefighters were exposed to asbestos dust. This dust was contaminated with massive metal particles, burning plastic, and numerous tons of asbestos fibers. This is why those who worked at ground zero are at greater risk for developing mesothelioma and other cancers. Asbestos particles can be breathed into the inner tissues of firefighters and become lodged there for a long time. This can lead to inflammation, irritation and scar tissue, which leads to the formation of a tumour. This tumor is called mesothelioma and is one of the four types of cancers that are linked to asbestos. The most common form of mesothelioma occurs in the lining of the lungs, which is known as the pleura. Firefighters also face the risk of developing lung cancer and other asbestos related illnesses. An attorney with experience in asbestos-related diseases can assist those who have been diagnosed. They may be eligible to receive workers' compensation benefits or an asbestos lawsuit against companies that are responsible for their exposure. Levy Konigsberg is experienced in representing firefighters suffering from mesothelioma or other related illnesses. Our firm is also experienced in pursuing lawsuits against insurance companies to get the full amount of damages our clients deserve. A number of states have passed presumptive coverage for cancer laws for firefighters. These laws remove the burden of proof for firefighters who have cancer and assume that their illness was a result of their occupational exposure to asbestos. This can make it easier to obtain financial compensation, and help with medical expenses. We urge anyone suffering from an asbestos-related condition to contact an attorney for Mesothelioma to discuss their case. Contact us for a free, confidential consultation. Commercial Cases For example, if an employee of an asbestos-containing structure is diagnosed with mesothelioma, they could sue the building owner. In these cases, it is important to prove that the asbestos exposure wasn't caused solely by occupational exposure, but also other factors. This could be due to exposure from someone who has the disease, or through the use of contaminated consumer products, such as talcum powder. Workers can also file lawsuits against asbestos manufacturers according to the law of product liability. These claims are usually backed by evidence proving that the asbestos manufacturer's products were dangerous and faulty. In Tuscaloosa asbestos lawyer to remuneration for asbestos victims the lawsuits also seek to slap companies who did not follow warning signs and continued putting unsafe products on the market. Asbestos-related lawsuits usually result in large payouts to plaintiffs and their families. Injured people can receive compensation for the past and upcoming medical expenses, loss of normal life, loss of earning potential, and emotional stress. Survivor spouses of victims of mesothelioma may also sue for loss in consortium. Certain state laws are more favorable to mesothelioma victims than other. Illinois, for example, has a law that allows residents to sue companies involved in asbestos for negligence and wrongful deaths. The lawyers of the state have secured numerous multimillion-dollar judgments and asbestos victims in other states have also received compensation as well. Many asbestos producers have filed for bankruptcy in face of a plethora of lawsuits. The bankruptcy process allowed greater compensation for plaintiffs since the companies did not have to defend their claims in court. Nonetheless, asbestos litigation is complex. The litigation process begins with the filing of a lawsuit, obtaining evidence like medical records, and obtaining interviews with former family members, colleagues, and doctors. It is essential to work with an experienced mesothelioma lawyer who has dealt with complex cases. A mesothelioma lawyer will conduct an assessment of your case free of charge to determine when, where and how you were exposed asbestos in order to make an insurance claim. A mesothelioma lawyer can assist you in applying for an insurance settlement or trust.