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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 know their options. A lawyer can identify the time and place that a person was exposed to asbestos and what companies could be responsible. A victim can file a personal injuries lawsuit, a wrongful deaths lawsuit or an asbestos trust funds claim. Each has its own set of requirements and awards. Personal Injury Cases Anyone who has been injured by asbestos exposure can file a lawsuit for compensation. Depending on the type of injury, an individual may be able to claim damages for medical expenses as well as lost wages, pain and suffering. The victim's family members may also file a wrongful death lawsuit to receive financial assistance to cover funeral costs and also gain a sense closure following the loss of a loved one to mesothelioma, or another asbestos-related disease. An employer or manufacturer can be held accountable for an asbestos lawsuit if they violated its legal obligation to protect workers from injury. A breach of an employer's duty may be the result of negligent hiring, training, maintenance, or 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 the laws of each state set time limitations, also known as statutes of limitation, on how long a plaintiff must bring an action. In mesothelioma cases, the statute of limitations starts to run when the victim is diagnosed with mesothelioma or another asbestos-related diseases. The kind of lawsuits one can file depend on how and where they were exposed. If asbestos was present at work, the victim could have a premises-liability lawsuit. For instance an employee working in construction may be injured by asbestos at the power plant or the deck of a Navy ship. Anyone who has been exposed by second-hand exposure to asbestos, for instance, while washing the clothes of a loved one, can also file a lawsuit for personal injury. Asbestos exposure was the root reason for many mesothelioma cases. Certain of these cases have resulted in substantial jury awards and settlements. Companies have also been sued in class action lawsuits over the way they handled asbestos on their premises. The amount you could receive from a mesothelioma suit is contingent on a variety of factors such as your age at the time you were diagnosed as well as the prognosis and expectation of your disease as well as the severity of your injuries, and the amount of 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 suit. Product Liability Cases The law governing product liability allows asbestos victims to sue the distributors, manufacturers and retailers of dangerous products that led to their exposure. Lynn asbestos lawyer could be held responsible for negligence. It is not unusual for more than one business due to the diversity of exposure sources that they are held accountable for asbestos-related injuries. Mesothelioma patients are exposed to asbestos while working in work environments such as shipbuilding and construction. A large number of cases of mesothelioma and other asbestos-related illnesses, result from non-occupational exposures, like living or working in homes that are constructed using asbestos-containing materials or handling products that contain asbestos from third parties. The legal concepts of strict liability and breach of warranty are crucial to mesothelioma lawsuits. Strict liability, which is a kind of negligence, means that the defendant is liable for any injury if they fail to take the same amount of care that other people do in similar circumstances. A breach of warranty is when a manufacturer or seller makes a claim regarding their product which leads to injuries. For instance, if a manufacturer or seller declares an asbestos product to be safe for use, but it turns out unreasonably hazardous the seller may be held responsible 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 apportionment. State laws dictate 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. App. The court ruled Bethlehem Steel was not required to warn Mrs. Wild about the risks of asbestos exposure from her husband's clothes or body. Due to the lengthy mesothelioma's time of latency keeping a complete record of any suspected or confirmed asbestos exposure is crucial. A mesothelioma lawyer can assist people determine the best method to proceed. Firefighter Cases Firefighters are more likely to suffer from asbestos-related illnesses such as mesothelioma than other people. They typically have to extinguish fires in structures constructed with asbestos-containing materials. Even after a blaze is put out, they may still need to inspect for asbestos residue and safety risks. This is especially true for firefighters who perform extensive building inspections for industrial and commercial facilities. When the World Trade Center collapsed on 9/11, many firefighters were exposed toxic asbestos dust. The dust contained large metallic particles, burning plastic and countless asbestos fibers. This is why people who worked at ground zero are at greater risk for developing mesothelioma and other cancers. Asbestos is a substance that can be breathed into the tissues of the firefighter's body and linger there for many years. This can cause irritation, inflammation and scar tissue, which can lead to the formation of an enlargement of. This tumor is known as mesothelioma. It is one of the four types of asbestos-related cancer. The most frequent 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 illnesses can assist those who have been diagnosed. They may be entitled to workers' compensation benefits, or they could file a lawsuit against the companies responsible for their exposure to asbestos. Levy Konigsberg has experience representing firefighters suffering from mesothelioma and other related diseases. Our firm has also been involved in lawsuits against insurance companies for the total amount of damages our clients deserve. Many states have passed presumptive coverage for cancer laws for firefighters. These laws remove the burden on firefighters suffering from cancer and presume that their illness is due to asbestos exposure from their job. This can make it easier to receive financial compensation and help with medical expenses. We recommend those suffering from an asbestos-related condition to speak with a mesothelioma attorney to discuss their case. Contact us for a confidential, no-cost consultation. Commercial Cases If, for example an employee who worked in an asbestos-containing building is diagnosed with mesothelioma, they could sue the property owner. In these types of cases, it's important to prove that the exposure to asbestos wasn't just caused by occupational exposure but also due to other factors. This could be from exposure from a second-hand source, such as a person suffering from the disease, or contaminated consumer products like talcum. Workers also might bring lawsuits against asbestos manufacturers in accordance with the law on product liability. These claims are usually backed by evidence that shows the asbestos manufacturer's product was dangerous and defective. These lawsuits are not only targeted at compensating asbestos victims but also companies who ignored warnings and continued to sell unsafe products to the marketplace. Asbestos lawsuits often result in substantial settlements for plaintiffs and their families. Victims of injuries can be awarded compensation for their past and future medical expenses, loss of normal life, loss of earning potential, and emotional stress. The spouses of survivors of mesothelioma can also 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 law that allows residents to sue asbestos companies for negligence and wrongful death. The lawyers of the state have secured numerous multimillion-dollar judgments and asbestos victims in other states have received compensation as well. Many of the asbestos manufacturers filed for bankruptcy in the face of a plethora of lawsuits. The bankruptcy process made it easier for plaintiffs to receive compensation since the companies were not required to defend themselves in public trials. Nonetheless, asbestos litigation is complex. The litigation process begins with the filing of a lawsuit, collecting evidence like medical records, and interviewing former colleagues, family members, and doctors. It is essential to consult with a skilled mesothelioma lawyer that has handled complex cases. A mesothelioma lawyer will perform an evaluation of your case for free to determine the time, place, and how you were exposed asbestos in order to make a claim. A knowledgeable mesothelioma lawyer can also assist you in filing for a trust fund or insurance settlement.