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How an Asbestos Lawyer Can Help You Understand Your Claim Options A skilled New York asbestos lawyer can help victims understand their options regarding claims. A lawyer can help determine where and when someone was exposed to asbestos and which companies could be accountable. A victim may make a personal injury lawsuit, a wrongful death lawsuit or an asbestos trust fund claim. Each option has its own rules and the amount of money awarded. Personal Injury Cases A person who is injured due to asbestos exposure can pursue a personal injury suit to recover compensation. The plaintiff may be entitled to damages for medical expenses, lost wages as well as pain and suffering depending on the type and severity of their injuries. Families of the victim may also pursue an action for wrongful death to get financial compensation and closure after losing their loved ones to asbestos-related illnesses such as mesothelioma. An employer or manufacturer can be held accountable for an asbestos lawsuit if it violated its legal obligation to protect workers from injury. A breach of the duty of an employer could be due to negligence in hiring, training, or maintenance, or oversight. A defective product that causes injuries can also be sold or marketed. It is essential to speak with an attorney as soon as you can after exposure to asbestos because state laws set time limits, known as statutes of limitation, on how long a plaintiff has to file a lawsuit. In mesothelioma, the statute of limitation begins to run when the patient is diagnosed as having mesothelioma. The types of lawsuits a person can pursue will depend on the location and how they were exposed to asbestos. If asbestos was present at work, a victim may be able to file a premises liability lawsuit. For example, a construction worker might be injured by asbestos in the power plant or a Navy ship. Anyone who has been exposed through second-hand exposure to asbestos, such as when washing the clothes of a loved one, may also bring a lawsuit to claim personal injury. Many mesothelioma lawsuits have been filed against large corporations because they were responsible for the exposure of the victim to asbestos. Certain of these cases have resulted in substantial settlements and jury awards. 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 lawsuit depends on a variety of factors that include your age at the time of being diagnosed as well as the prognosis and expectation of your disease and the severity of your injuries, and the extent 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 case. Product Liability Cases The law on product liability permits 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 not uncommon for more than one company to be held liable due to the wide range of exposure sources. Mesothelioma is a result of asbestos exposure in the workplace, for example in construction and shipbuilding. Many cases of mesothelioma and other asbestos-related illnesses are the result of non-occupational exposures, like living or working in homes constructed with asbestos materials, or handling products containing asbestos that are manufactured by third parties. Mesothelioma cases rely on the legal concepts of strict responsibility and breach of warranty. Strict liability, which is a form of negligence, implies that the defendant is responsible for any injury they suffer if they fail to exercise the same level of care as other individuals in similar situations. A breach of warranty occurs when a seller or seller makes a claim regarding their product which causes injury. For example when an individual or company claims that the asbestos product is safe to use and it proves to be excessively dangerous, the manufacturer or seller could be held responsible for resultant injuries. Asbestos litigation can be complicated by the fact that a lot of asbestos-exposed companies have gone bankrupt or were taken over by other companies. This is called apportionment, and state laws set the rules for how a jury or judge determines the liability of each defendant in a particular case. For instance in the case of Mary Wild v. Owens-Illinois, 705 A.2d 58 (Md. Ct. Spec. App. App. Lawrence asbestos lawsuits ruled Bethlehem Steel was not required to warn Mrs. Wild about the risks of asbestos exposure from the clothing of her husband or his body. Due to the lengthy mesothelioma's latency, it is crucial to keep track of every asbestos exposure, regardless of whether it is known or suspected. An experienced mesothelioma lawyer will advise individuals about how best to approach this task. Firefighter Cases Firefighters are more likely develop asbestos-related diseases such as mesothelioma than the general public. They often have to extinguish fires in structures built with asbestos-containing materials. Even after a fire is put out, they will need to examine the area for potential safety hazards and possible asbestos residue. This is particularly true for firefighters who conduct in-depth inspections of commercial and industrial buildings. 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 those who served at ground zero are at greater risk of developing mesothelioma or other cancers. Asbestos is a substance that can be breathed into the tissues of the firefighter, and remains there for years. This can lead to irritation, inflammation and scar tissue that can lead to the development of a tumour. The tumor is known as mesothelioma and is one of the four kinds of asbestos-related cancers. Pleural mesothelioma is by far the most common mesothelioma type, which develops in the lung's lining known as the pleura. In addition to mesothelioma and asbestosis, firefighters are at risk for 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 eligible for workers' compensation benefits, or they could bring a lawsuit against the companies that caused their exposure to asbestos. Levy Konigsberg is experienced in representing firefighters with mesothelioma or any other related illness. Our firm is also skilled in pursuing litigation against insurance companies to get the full amount of damages that our clients are entitled to. A number of states have passed presumptive insurance laws for firefighters. These laws remove the burden of firefighters suffering from cancer and assume that their illness is the result of asbestos exposure in their work. This makes it easier to obtain financial compensation and aid in the payment of medical expenses. We advise those suffering from an asbestos-related illness to contact mesothelioma lawyers to discuss their case. Contact us to schedule an appointment for a confidential, no-cost consultation. Commercial Cases If, for example someone who worked in an asbestos-containing structure is diagnosed with mesothelioma they can sue the owner. In these instances, it is important to prove that the asbestos exposure wasn't caused solely by occupational exposure, but also 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 can also make claims against asbestos manufacturers based on product liability law. These claims are often bolstered by evidence that shows the asbestos manufacturer's products were hazardous and defective. These lawsuits are not only focused on compensating asbestos victims but also companies who did not follow the warnings and put unsafe products on the market. Asbestos lawsuits can lead to large payouts to plaintiffs and their family members. For example, injured people are entitled to compensation for past and future medical costs and loss of their normal lifestyle as well as lost earning capacity and emotional anxiety. In addition, spouses of survivors of mesothelioma sufferers may sue for loss of consortium. Some state laws are more favorable to mesothelioma sufferers than other. Illinois, for example, has a law that permits residents to sue companies involved in asbestos for negligence and the wrongful death of a victim. 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 declared bankruptcy in the face of a plethora of lawsuits. The bankruptcy process resulted in greater compensation for plaintiffs since the companies did not need to defend their case in public. Nonetheless, asbestos litigation is complex. The process of litigation begins with the filing of a lawsuit, collecting evidence, such as medical records and obtaining interviews with former family members, colleagues as well as doctors. It is crucial to work with an experienced mesothelioma lawyer who has handled complex cases. A mesothelioma lawyer will conduct an evaluation of your case for free to determine the date, time, and the extent to which you were exposed. This will assist you to file an insurance claim. A mesothelioma lawyer who is knowledgeable can also help you file for an insurance or trust fund settlement.