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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 understand their options. A lawyer can identify when and where a person was exposed to asbestos and which businesses could be accountable. A victim may make a personal injury lawsuit, a wrongful death 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 file a lawsuit for compensation. A person could be able to claim damages for medical expenses, lost wages and pain and suffering dependent on the nature and severity of their injuries. The victim's family members may also file a wrongful death lawsuit for financial support to cover funeral costs and gain a sense of closure after losing a loved one to mesothelioma, or another asbestos-related disease. A manufacturer or employer can be held liable for an asbestos lawsuit if they violated its legal duty to protect workers from injuries. Employers' obligations could be violated by negligent hiring training, maintenance, and supervision. A defective product that leads to injuries may be sold or provided. It is essential to speak with an attorney as soon as is possible after exposure to asbestos as state laws establish time limits, also known as statutes of limitations on the time a plaintiff must start an action. In mesothelioma-related cases, the statute of limitations starts to run as soon as the victim is diagnosed with mesothelioma or other asbestos-related diseases. The type of lawsuits that one can file depend on the manner and location they were exposed. If asbestos was present at work, the victim could have a premises-liability lawsuit. A construction worker may be injured by asbestos at a power station or on a Navy vessel. Someone who was exposed to asbestos by secondhand methods such as washing a loved one's clothes could also file a personal injury lawsuit. Asbest exposure was the reason for many mesothelioma cases. Some of these cases resulted in significant settlements and jury awards. Class action lawsuits have also been filed against companies concerning how they handled asbestos or stored on their premises. The amount of compensation you may receive in a mesothelioma lawsuit depends on many factors including the age at which you were diagnosed and your prognosis, life expectancy, your injuries, and your pain and suffering. Your lawyer and you must look over the details of your case in order to determine the fair value of your mesothelioma case. Product Liability Cases The product liability law allows asbestos-related victims to sue manufacturers, distributors, and retailers who sold dangerous products which led to their exposure. The defendants could also be held accountable for negligence. It is not unusual for more than one business due to the diversity of exposure sources and exposure sources, to be held accountable in the event of asbestos. Mesothelioma is a result of asbestos exposure in the workplace, such as in shipbuilding and construction. However many cases of mesothelioma and other asbestos-related diseases result from non-occupational exposures too, like living in homes constructed with asbestos-containing materials, visiting or working on areas that contain 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 a type of negligence, which means that a defendant is accountable for an injury when they fail to uphold the standard level of care that every other person in their position would have performed in similar circumstances. A breach of warranty occurs when a producer or seller makes a claim about their product which causes injuries. For instance, if a manufacturer or seller claims that the asbestos product is safe to use and it is found to be unreasonable dangerous, the supplier may be held accountable for the resulting injuries. Asbestos litigation can be complicated by the fact that many of the asbestos-exposed companies have been bankrupt or were acquired by other companies. This is referred to as apportionment and state laws establish the rules for the way a judge or jury assigns liability to every defendant in a 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 mesothelioma case of the deceased claimed 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 potential dangers of asbestos exposure to the clothes and body of her husband. Because of the long mesothelioma's latency time, preserving an accurate record of any suspected or known asbestos exposure is essential. An experienced mesothelioma attorney can help individuals determine the best way to approach this issue. Firefighter Cases Firefighters could be more susceptible than the general population to contract asbestos-related illnesses such as mesothelioma. They typically have to extinguish fires in structures constructed with asbestos-containing materials. Even after a blaze has been put out, firefighters might still be required to check for asbestos residue and safety hazards. This is particularly true for firefighters who perform in-depth building inspections for commercial and industrial buildings. When the World Trade Center towers collapsed on September 11, a lot of firefighters were exposed to toxic asbestos dust. This dust contained heavy metallic particles, burning plastic and numerous asbestos fibers. This is why those who served at ground zero are at greater risk of developing mesothelioma or other cancers. Asbestos can enter the tissues inside a firefighter and remain there for many years. This can lead to inflammation, irritation and scar tissue, which results in the development of a tumor. The mesothelioma tumor is a type of cancer and is one of the four types of cancers that are linked to asbestos. Pleural mesothelioma is by far the most common mesothelioma that develops in the lung's lining known as the pleura. Firefighters are also at risk of lung cancer as well as other asbestos-related diseases. Those who have been diagnosed with an asbestos-related condition should consult an experienced attorney about their situation. They could be qualified for benefits from workers' compensation or an asbestos lawsuit against the company responsible for their exposure. Levy Konigsberg has experience representing firefighters with mesothelioma and related diseases. Our firm is also skilled in pursuing lawsuits against insurance companies to ensure that our clients receive the total amount of damages our clients deserve. A number of states have passed presumptive cancer coverage laws for firefighters. These laws take the burden of proof from the firefighters with cancer and presume that their condition was a result of their occupational exposure to asbestos. This makes it easier to obtain financial compensation and aid in the payment of medical expenses. We advise those suffering from an asbestos-related disease to speak with an attorney for mesothelioma to discuss their case. Contact us to arrange a free, confidential consultation. Commercial Cases If, for instance an employee who worked in an asbestos-containing building is diagnosed with mesothelioma, they could sue the property owner. In these instances, it is important to prove that the asbestos exposure wasn't just caused by occupational exposure, but also other factors. This could be from exposure to asbestos by a person who has the disease, or contaminated consumer products like talcum. Workers may also file lawsuits that are based on the law of product liability against asbestos producers. 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 punish companies that ignored warnings and continued making unsafe products available on the market. Asbestos lawsuits can result in 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 and earning capacity, and emotional distress. Spouses of victims of mesothelioma are also able to be able to sue for loss of consortium. Certain states' laws are more favorable to mesothelioma patients than others. For instance the state of Illinois has a law that allows residents to sue asbestos companies for negligence and wrongful death. Its lawyers have obtained several multimillion-dollar verdicts and asbestos victims from 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 made it easier for plaintiffs to receive compensation, since the companies would not have to defend themselves in public trials. Nonetheless, asbestos litigation is complex. The process of litigation includes the filing of a lawsuit and gathering evidence like medical records and interviews with former coworkers as well as family members and doctors. It is crucial to work with a mesothelioma attorney who has expertise in handling complicated cases. A mesothelioma lawyer will conduct an assessment of your case free of charge to determine the time, place, and how you were exposed asbestos, so that you can file an claim. Tempe asbestos attorneys with experience can also assist you in filing for an insurance or trust fund settlement.