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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 claim options. A lawyer can determine what happened to the person who was exposed to the asbestos and which companies may be accountable. A victim may bring a personal injury lawsuit or wrongful death suit or an asbestos trust fund claim. Each option has its own set of requirements and awards. Personal Injury Cases Anyone who is injured due to asbestos exposure can bring a personal injury lawsuit to recover compensation. Depending on the nature of injury, an individual could claim damages for medical bills as well as lost wages, pain and suffering. Tustin asbestos lawsuit of the victim may also pursue a lawsuit for wrongful death to get financial compensation and closure after losing a loved one to asbestos-related illnesses like mesothelioma. A manufacturer or employer can be held liable for an asbestos lawsuit if they violated its legal obligation to protect workers from harm. A breach of an employer's duty could be due to negligent hiring, training, maintenance or supervision. It can also be breached by selling or supplying a defective product that can cause injury. It is essential to speak with an attorney as soon following exposure to asbestos as you can. State laws impose time limits (known as statutes or limitations) on how long plaintiffs have to bring a lawsuit. In mesothelioma-related cases, the statute of limitations starts to run when the victim is diagnosed with mesothelioma or another asbestos-related disease. The type of lawsuits that an individual may file will depend on the circumstances and the place they were exposed. A victim may have a premises liability claim if they were exposed to asbestos while at work. For example, a construction worker might be injured by asbestos in an energy plant or on the deck of a Navy ship. A person who was exposed by second-hand exposure to asbestos, like when washing the clothes of a loved one, may also sue for personal injury. Many mesothelioma lawsuits have been filed against large corporations as they were the ones responsible for the exposure of the victim to asbestos. Certain of these cases have resulted in significant jury awards and settlements. Companies have also been sued in class action lawsuits over the way they handled asbestos on their premises. The amount of money you could receive from a mesothelioma lawsuit depends on a number of factors, including your age when diagnosed and the prognosis as well as life expectation of your disease and the severity of your injuries, and the amount of suffering and pain. Your attorney and you should examine the specifics of your case to determine the fair value for your mesothelioma claim. Product Liability Cases The law governing product liability allows asbestos-related victims to sue distributors, manufacturers and retailers who sold dangerous products which led to their exposure. They can also be held accountable for negligence. In the case of asbestos, it's typical for several companies to be found liable because of the many different types 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 exposure, such as living in or working in homes constructed with asbestos materials or handling asbestos-containing third-party products. Mesothelioma cases rely on the legal concepts of strict liability and breach of warranty. Strict liability is a form of negligence, which implies that a defendant is liable for a recurrence if they fail to meet the standard level of care that a person in their position would have exercised under similar circumstances. A breach of warranty occurs when a manufacturer or seller makes a claim regarding their product that leads to injury. For example, if a manufacturer or seller declares that an asbestos product is safe to use, and it is found to be unreasonable hazardous, the seller could be held accountable for the results of injuries. Asbestos litigation is complicated due to the fact that many of the companies that have been responsible for asbestos exposure have either gone into bankruptcy or were acquired by other companies. This is called apportionment. State laws determine how a judge will assign liability to each defendant. For instance in the case of Mary Wild v. Owens-Illinois 705 A.2d 58 (Md. Ct. Spec. App. 1998), the mesothelioma case of the deceased claimed that she was exposed to asbestos when she washed and handled husband's work clothes at Bethlehem Steel. The court declared that Bethlehem Steel did not owe Mrs. Wild a duty to warn her about the risks of asbestos exposure on her husband's clothing and body. Due to the long-lasting mesothelioma's latency, it is essential to keep a record of all asbestos exposure, regardless of whether it is known or suspected. A mesothelioma lawyer will help people determine the best method to proceed. Firefighter Cases Firefighters are more likely to develop asbestos-related diseases such as mesothelioma than the general public. They typically have to deal with fires in buildings built with asbestos-containing materials. Even after a fire has been extinguished, they may need to examine the area for safety hazards and asbestos-related residues that could be present. This is particularly true for firefighters who conduct extensive inspections of industrial and commercial buildings. When the World Trade Center towers collapsed on September 11, many firefighters were exposed to asbestos dust. The dust contained large metallic particles, burning plastic and countless asbestos fibers. This is why those who served at ground zero are at greater chance of developing mesothelioma and other cancers. Asbestos can be inhaled into the tissues of the firefighter and remain there for years. This can cause inflammation, irritation and scar tissue that leads to the development of an enlargement of. This type of tumor is known as mesothelioma and is one of the four types of cancers that are linked to asbestos. The most prevalent mesothelioma form is found in the lining that lines the lungs, which is known as the Pleura. In addition to mesothelioma, firefighters are at risk of developing lung cancer and other asbestos-related diseases. An attorney with experience in 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 responsible for their asbestos exposure. Levy Konigsberg has experience representing firefighters suffering from mesothelioma or related illnesses. Our firm has also been involved in lawsuits against insurance companies to recover the full amount of the damages our clients deserve. Many states have passed presumptive coverage laws for firefighters. These laws take the burden of proof for firefighters with cancer and presume that their condition was the result of their work exposure to asbestos. This makes it easier to receive financial compensation, and aid in the payment of medical expenses. We advise those suffering from an asbestos-related disease to speak with mesothelioma lawyers 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 structure is diagnosed with mesothelioma, they may sue the owner. In these instances it is crucial to prove that the asbestos exposure wasn't caused solely by occupational exposure, but also from other factors. It could be due to exposure to asbestos by a person who has the disease, or even from contaminated consumer products such as talcum. Workers may also file lawsuits based on product liability laws against asbestos manufacturers. These claims are usually backed by evidence that the asbestos manufacturer's products were hazardous and faulty. In addition to remuneration for asbestos victims the lawsuits also seek to slap companies who did not follow warning signs and continued making unsafe products available on the market. Asbestos lawsuits can lead to huge payouts to plaintiffs and their families. People who have suffered injuries may receive compensation for the past and upcoming medical expenses, loss of normal life, loss of earning potential, as well as emotional stress. Moreover, surviving spouses of mesothelioma sufferers may claim compensation for loss of consortium. Certain states' laws are more favorable to mesothelioma patients than other states' laws. Illinois for instance, has a law that permits residents to sue companies involved in asbestos for negligence and wrongful deaths. Its lawyers have obtained several multimillion-dollar verdicts, and asbestos victims in other states have been compensated as well. Many of the asbestos manufacturers have filed for bankruptcy in face of thousands of lawsuits. The bankruptcy process made it easier for plaintiffs to get compensation, as the companies would not have to defend themselves in public trials. Nonetheless, asbestos litigation is complex. The process of litigation begins with the filing of a lawsuit, obtaining evidence such as medical records, and appointing former family members, colleagues, and doctors. It is important to work with an experienced mesothelioma lawyer who has dealt with complex cases. A mesothelioma lawyer can conduct a free case evaluation to determine where, when and how you were exposed to asbestos, so that you can file a claim. A mesothelioma lawyer with experience can also help you file for an insurance or trust fund settlement.