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How an Asbestos Lawyer Can Help You Understand Your Claim Options A knowledgeable New York asbestos lawyer can help victims understand their claim options. A lawyer can help determine when and where someone was exposed to asbestos and what businesses could be accountable. A victim may make a personal injury claim or wrongful death suit or an asbestos trust fund claim. Each option has its own requirements and award. Personal Injury Cases Someone who has been injured as a result of asbestos exposure could file a lawsuit for compensation. Depending on the type of injury, the victim may be able to claim damages for medical bills as well as lost wages, pain and suffering. The victim's family members may also file a wrongful-death lawsuit for financial support to pay funeral costs and also gain a sense closure following the loss of a beloved one to mesothelioma, or another asbestos-related disease. An employer or manufacturer can be held liable in an asbestos lawsuit, if they breached their legal obligation to safeguard employees from danger. A breach of the duty of an employer could be due to negligent hiring, training, maintenance, or oversight. A defective product that causes injuries may also be sold or supplied. It is important to consult an attorney as soon after exposure to asbestos as is possible. State laws have time limits (known as statutes or limitations) on how long plaintiffs must bring a lawsuit. In mesothelioma, the statute of limitations begins to run when the patient is diagnosed with mesothelioma. Athens asbestos lawyer of lawsuit one can file depend on the circumstances and the place they were exposed. If asbestos was present at work, the victim may be able to file 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. A person who was exposed to second-hand asbestos, for instance, while washing the clothes of a loved one, can also file a lawsuit for personal injury. Many mesothelioma lawsuits have been filed against large corporations as they caused the exposure of the victim to asbestos. Certain of these cases have resulted in significant settlements and jury awards. Class action lawsuits have been filed against businesses regarding how they dealt with asbestos or stored on their premises. The amount of compensation that you could receive in a mesothelioma-related case depends on several factors such as the age at when you were diagnosed and your prognosis, life expectancy, your injuries, and the extent of your suffering and pain. You and your attorney should examine the specifics of your case to determine the fair amount for your mesothelioma lawsuit. Product Liability Cases The product liability law allows asbestos-related victims to sue distributors, manufacturers, and retailers who sold hazardous products that caused their exposure. These defendants may also be held accountable for negligence. In the case of asbestos, it's not uncommon for more than one company to be held accountable because of the many different types of potential exposure sources. Mesothelioma is a result of asbestos exposure in the workplace, like in shipbuilding and construction. However mesothelioma cases in a majority of cases and other asbestos-related diseases result from non-occupational exposures too, like living in homes built using asbestos materials, going to or working on sites containing asbestos, or handling asbestos-containing products that are sold by third-party sellers. The legal concepts of strict liability and breach of warranty are key to mesothelioma lawsuits. Strict liability is a form of negligence, which means that a defendant is liable for an injury when they fail to meet the standard level of care that any other person in their position would have exercised under similar circumstances. A breach of warranty is when a manufacturer or seller claims to be able to provide a product that causes injury. If, for instance, a manufacturer or seller declares an asbestos product to be safe for use, but it proves to be dangerous in a way that is unreasonable the seller could be held responsible for the injuries. Asbestos litigation is complicated due to the fact that a lot of the companies responsible for asbestos exposure have either gone bankrupt or have been bought by other companies. This is referred to as apportionment and state laws define the rules for how a jury or judge determines the liability of each defendant in a case. In the case of Mary Wild, v. Owens Illinois 705 A.2d. 58 (Md. Ct. Spec. App. App. The court ruled that Bethlehem Steel was not required to warn Mrs. Wild about the risks of asbestos exposure from her husband's clothing or body. Because of the long latency period associated with mesothelioma keeping a complete record of any suspected or confirmed asbestos exposure is important. A knowledgeable mesothelioma lawyer can help individuals determine the best way to approach this task. Firefighter Cases Firefighters may be more likely than the general population to contract asbestos-related illnesses like mesothelioma. They are often required to deal with fires in buildings built with asbestos-containing materials. Even after a blaze is put out, they might still be required to check for asbestos residue and safety risks. This is true especially for firefighters who conduct extensive inspections of industrial and commercial buildings. When the World Trade Center collapsed on 9/11 many firefighters were exposed to toxic asbestos dust. The dust was heavy metallic particles, burning plastic and countless asbestos fibers. This is why those who worked at ground zero are at a higher chance of developing mesothelioma and other cancers. Asbestos particles can get into a firefighter's inner tissues and remain there for years. This can cause inflammation, irritation and scar tissue, which can lead to the formation of the formation of a tumor. The mesothelioma tumor is a type of cancer and is one of the four types of cancer that are related to asbestos. The most common mesothelioma type is found in the lining of the lungs, which is known as the pleura. Firefighters also face the risk of lung cancer as well as other asbestos-related diseases. An attorney with experience in asbestos-related diseases can assist those who have been diagnosed. They could be eligible for workers compensation benefits, or they could file a lawsuit against the companies that caused their asbestos exposure. Levy Konigsberg has experience representing firefighters with mesothelioma and related diseases. Our firm has also been involved in lawsuits against insurance companies for the full amount of the damages our clients deserve. A number of states have passed presumptive insurance laws for firefighters. These laws eliminate the burden of proof for firefighters with cancer and presume that their condition was caused by their occupational exposure to asbestos. This can make it easier to receive financial compensation and also help cover medical costs. We advise those suffering from an asbestos-related condition to speak with an attorney for mesothelioma to discuss their case. Contact us to arrange a free, confidential consultation. Commercial Cases For instance If an employee of an asbestos-containing building is diagnosed with mesothelioma they may sue the property owner. In these cases, it's crucial to establish that the asbestos exposure was not solely caused by occupational exposure but also by other factors. This could be due to exposure from someone with the disease or from contaminated consumer products such as talcum powder. Workers may also file lawsuits in accordance with the laws on product liability against asbestos manufacturers. These claims are often bolstered by evidence proving that the asbestos manufacturer's products were hazardous and faulty. These lawsuits aren't only aimed at the compensation of asbestos victims, but also companies who did not follow the warnings and sell unsafe products to the market. Asbestos lawsuits often result in huge settlements for plaintiffs and their families. For instance, those who are injured are entitled to compensation for future and past medical expenses and loss of their normal lifestyle as well as lost earning capacity and emotional anxiety. The spouses of survivors of mesothelioma are also able to claim compensation for loss of consortium. Some states' laws are more favorable for mesothelioma victims than others. Illinois for instance, has a law that permits residents to sue companies involved in asbestos for negligence and wrongful deaths. Its lawyers have secured many multi-million dollar settlements, and asbestos victims from other states have also received compensation. Many asbestos producers have filed for bankruptcy in face of a plethora of lawsuits. The bankruptcy process allowed more lenient compensation for plaintiffs since the companies didn't need to defend their case in court. Nonetheless, asbestos litigation is complex. The process of litigation includes the filing of a complaint, gathering evidence like medical records and interviewing former coworkers as well as family members and doctors. It's important to consult with mesothelioma lawyers who have experience handling complex cases. A mesothelioma lawyer will conduct a free case evaluation to determine when, where and how you were exposed to asbestos in order to file a claim. A mesothelioma lawyer who is knowledgeable can also assist you in filing for an insurance or trust fund settlement.