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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 options for claiming. A lawyer can help determine when and where a person was exposed to asbestos and which businesses could be accountable. A victim can file a personal injury lawsuit, a wrongful death lawsuit or an asbestos trust fund claim. Each of these options has its own requirements and can result in different awards. Personal Injury Cases A person who is injured as a result of asbestos exposure could file a lawsuit for compensation. A person could be entitled to damages for medical expenses, lost wages as well as pain and suffering dependent on the nature and severity of their injuries. The family members of the victim could also pursue a lawsuit for wrongful death to get financial compensation and closure after losing a loved ones to asbestos-related diseases such as mesothelioma. Employers or manufacturers can be held liable in an asbestos lawsuit, when they have violated their legal duty to protect employees from danger. Employers' obligations could be violated by negligent hiring, training, maintenance and supervision. A defective product that leads to injuries can be sold or provided. It is crucial to consult with an attorney as soon as you can after an exposure to asbestos because state laws set time limits, also known as statutes of limitation, on the time a plaintiff must file an action. In mesothelioma cases the statute of limitations starts to run as soon as the victim is diagnosed with mesothelioma or other asbestos disease. The types of lawsuits a person can be able to file will depend on the place and how they were exposed to asbestos. A victim may be the subject of a premises liability lawsuit if they were exposed to asbestos while at work. Construction workers could be injured by asbestos at the power plant or on a Navy vessel. 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. Asbest exposure was the cause of many mesothelioma cases. Some of these cases have resulted in significant jury awards and settlements. Companies have also been accused of class action lawsuits for how they stored or handled asbestos on their premises. The amount of compensation you may receive in a mesothelioma lawsuit is contingent on a variety of factors, including the age at when you were diagnosed and your prognosis, life expectancy, your injuries, and your pain and suffering. Your lawyer and you should review your case details to determine the fair value of your mesothelioma lawsuit. Product Liability Cases Product liability law allows asbestos victims to sue the distributors, manufacturers, and retailers of 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 multiple companies to be held liable because of the many different types of potential exposure sources. Mesothelioma can be caused by asbestos exposure in the workplace, for example in construction and shipbuilding. However, many cases of mesothelioma and other asbestos-related diseases stem from non-occupational exposure too, like living in homes constructed with asbestos materials, visiting or working on areas that contain asbestos, or handling asbestos-containing products that are sold by third-party sellers. Mesothelioma cases are based on the legal concepts of strict liability and breach of warranty. Strict liability, which is a type of negligence, implies that the defendant is accountable for any harm if they fail to take the same amount of care as other individuals in similar situations. A breach of warranty occurs when a manufacturer or seller makes a claim regarding their product that causes injuries. If, for instance, an advertiser or seller declares an asbestos product to be safe to use but it turns out to be unreasonably dangerous, the supplier could be held accountable for injuries. Asbestos litigation is complicated by the fact that many of the companies responsible for asbestos exposure have either gone bankrupt or have been bought by other companies. This is called apportionment, and state laws establish the guidelines for the way a judge or jury assigns liability to every defendant in a case. 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 cleaned 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 keeping a complete record of any known or suspected asbestos exposure is essential. A mesothelioma lawyer can assist people determine the best method to proceed. Firefighter Cases Firefighters may be more likely than the general population to contract asbestos-related illnesses like mesothelioma. Their work typically involves the suppression of fires in buildings constructed with asbestos-containing materials. Even after a fire has been extinguished, they may need to inspect the area for safety hazards and asbestos-related residues that could be present. This is especially relevant for 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 heavy metal particles, burning plastic and countless tons of asbestos fibers. This is the reason why people who worked at ground zero have a higher risk of developing mesothelioma or other cancers. Asbestos can be inhaled into the inner tissues of a firefighter's body and linger there for years. This can cause irritation, inflammation and scar tissue that results in the development of a tumour. This type of tumor is known as mesothelioma and is one of the four types of cancer that are related to asbestos. The most common mesothelioma form is found in the lining that lines the lungs, called the pleura. In addition to mesothelioma and asbestosis, firefighters are at risk of developing lung cancer and other asbestos-related illnesses. A lawyer who has experience with asbestos-related illnesses can help those who have been diagnosed. They could be qualified to receive workers' compensation benefits or an asbestos lawsuit against the companies that are responsible for their 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 total amount of damages our clients deserve. Many states have passed presumptive coverage laws for firefighters. These laws remove the burden on firefighters suffering from cancer and assume that their illness is the result of their occupational asbestos exposure. This makes it easier to get financial compensation and help cover medical costs. We advise those suffering from an asbestos-related illness to contact mesothelioma lawyers to discuss their case. Contact us to schedule an initial, free, confidential consultation. Commercial Cases If, for example, someone who worked in an asbestos-containing structure is diagnosed with mesothelioma, they could sue the property owner. In these cases, it's crucial to establish that the asbestos exposure was not solely caused by occupational exposure, but as well by other causes. This could be due to exposure from someone who has the disease or from contaminated consumer products such as talcum powder. Workers may also bring lawsuits against asbestos manufacturers based on product liability law. These claims are usually supported by evidence that shows the asbestos manufacturer's products were dangerous and faulty. In addition to compensating asbestos victims These lawsuits aim to slap companies who ignored warnings and continued making unsafe products available on the market. Asbestos lawsuits typically result in substantial payouts for plaintiffs and their families. Injured people can receive compensation for their past and future medical costs, loss in normal life, loss of earnings potential, and emotional stress. Additionally, the spouses of survivors of mesothelioma sufferers may sue for loss of consortium. Certain states have laws that are more favorable to mesothelioma patients than others. Illinois for instance, has a law that permits residents to sue asbestos-related companies for negligence and negligent deaths. Its lawyers have won a number multi-million dollar verdicts, and asbestos victims from other states have also received compensation. Thousands of asbestos lawsuits led to bankruptcy for many asbestos producers. The bankruptcy process resulted in easier compensation for plaintiffs, because the companies did not have to defend their claims in the public eye. 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 important to consult with a skilled mesothelioma lawyer who has dealt with complex cases. A mesothelioma lawyer will perform an assessment of your case free of charge to determine where, when and how you were exposed asbestos so that you can make an insurance claim. Bellingham asbestos attorneys who is knowledgeable can also assist you in filing for an insurance or trust fund settlement.