10 Misconceptions Your Boss Holds Regarding Exposure To Asbestos Lawsuit

How an Asbestos Lawyer Can Help You Understand Your Claim Options

A New York asbestos lawyer who has experience can help victims determine their options. A lawyer can determine the time and place that a person was exposed to asbestos, and what companies may be liable.

A victim can bring a personal injury lawsuit or wrongful death suit or an asbestos trust fund claim. Each option has different requirements and can result in different award.

Personal Injury Cases

A person who suffers an injury from asbestos exposure can bring a personal injury lawsuit to seek compensation. Depending on the type of injury, the victim could claim damages for medical expenses and lost wages as well as pain and suffering. Families of the victim may also pursue an action for wrongful death to obtain financial assistance and closure following the loss of their loved one to asbestos-related illnesses like mesothelioma.

A manufacturer or employer can be held liable in an asbestos lawsuit, when they have violated their legal duty to protect employees from harm. An employer's duty can be breached by negligent hiring training, maintenance, and supervision. A defective product that leads to injuries can also be sold or marketed.

It is essential to speak with an attorney as soon following exposure to asbestos as is possible. State laws have time limitations (known as statutes or limitations) on the length of time plaintiffs are required to file a suit. In mesothelioma cases, the statute of limitations starts to run as soon as the victim is diagnosed with mesothelioma or another asbestos-related disease.

The kind of lawsuits an individual can file will depend on how and where they were exposed. If asbestos was present at work, the victim may be able to file a premises liability lawsuit. A construction worker could be injured by asbestos at the power plant or on the deck of a Navy vessel. Anyone who has been exposed by second-hand exposure to asbestos, for instance, while washing the clothes of a loved one, may also bring a lawsuit to claim personal injury.

Asbestos exposure is the main basis for many mesothelioma cases. Certain of these cases have resulted into significant jury awards and settlements. Class action lawsuits have also been filed against companies concerning how they handled asbestos or stored it on their premises.

The amount of compensation you could receive in a mesothelioma-related case depends on many factors including the age at which you were diagnosed as well as your prognosis, life expectation, your injuries and your pain and suffering. Your lawyer and you must review your case details to determine the fair value of your mesothelioma lawsuit.

Product Liability Cases

The law governing product liability allows asbestos victims to sue distributors, manufacturers, and retailers of hazardous products that led to their exposure. The defendants could also be held accountable for negligence. In  Oakland asbestos lawsuit  of asbestos, it's common for several companies to be held liable because of the many different types of possible exposure sources.

Mesothelioma can be caused by asbestos exposure in the workplace, like in construction and shipbuilding. However mesothelioma cases in a majority of cases and other asbestos-related ailments result from non-occupational exposures too, like living in homes constructed with asbestos materials, visiting or working on sites containing asbestos, or handling asbestos-containing products offered by third party sellers.

Mesothelioma cases are based on the legal concepts of strict liability and breach of warranty. Strict liability, which is a form of negligence, means that the defendant is responsible for any injury if they do not apply the same level of care as other people in similar situations.

A breach of warranty occurs when a seller or seller makes a claim regarding their product that leads to injuries. If, for instance, a manufacturer or seller declares an asbestos product to be safe to use and it turns out to be unreasonably dangerous, the supplier could be held accountable for the injuries.

Asbestos litigation is complicated by the fact that a lot of the companies that have been responsible for asbestos exposure have gone bankrupt or have been bought by other companies. This is known as the apportionment. State laws dictate the way a judge assigns liability to each defendant.

In the case of Mary Wild, v. Owens Illinois 705 A.2d. The Court of Appeals for the District of Columbia, 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 latency, it is essential to keep track of all asbestos exposure, no matter if it is known or suspected. A mesothelioma lawyer can help individuals determine the best way to proceed.

Firefighter Cases

Firefighters are more prone to develop asbestos-related diseases such as mesothelioma, than the general population. They typically have to deal with fires in buildings constructed with asbestos-containing materials. Even after a fire has been put out, firefighters may still need to inspect for asbestos-related residues and safety hazards. This is particularly applicable to firefighters who conduct thorough inspections of buildings for industrial and commercial facilities.

When the World Trade Center collapsed on 9/11 many firefighters were exposed to toxic asbestos dust. The dust contained large metallic particles, burning plastic and tons of asbestos fibers. This is the reason that those who worked in the ground zero area have a higher risk of developing mesothelioma or other types of cancer.

Asbestos particles can get into the inner tissues of firefighters and then remain there for years. This can cause inflammation, irritation and scar tissue that leads to the formation of an enlargement of. This type of tumor is known as mesothelioma and is one of the four types of cancer related to asbestos. The most common form of mesothelioma occurs in the lining of 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 with experience in asbestos-related diseases can assist those who have been diagnosed. They may be entitled to workers' compensation benefits, or could sue the companies that caused their exposure to asbestos.

Levy Konigsberg has experience representing firefighters suffering from mesothelioma and other related illnesses. Our firm has also been involved in lawsuits against insurance companies to recover the total amount of damages our clients deserve.

Many states have adopted presumptive coverage laws for firefighters. These laws take the burden on firefighters suffering from cancer and presume that their condition is caused by their occupational asbestos exposure. This can make it easier for those suffering from cancer to receive financial compensation as well as help to pay medical expenses. We encourage those with an asbestos-related illness to contact mesothelioma lawyers to discuss their case. Contact us today to arrange a free, confidential consultation.

Commercial Cases

If, for example, someone who was employed in an asbestos-containing facility is diagnosed with mesothelioma, they could sue the property owner. In these types of cases, it's crucial to demonstrate that the asbestos exposure wasn't just caused by occupational exposure, but also by other factors. It could be due to secondhand exposure by someone with the disease, or contaminated consumer goods such as talcum.

Workers may also bring lawsuits against asbestos manufacturers based on product liability law. These claims are often supported by evidence that shows the asbestos manufacturer's product was dangerous and defective. These lawsuits aren't just focused on the compensation of asbestos victims, but also companies that ignored warnings and continued to place unsafe products on the marketplace.

Asbestos-related lawsuits usually result in large payouts for plaintiffs and their families. For instance, those who are injured are entitled to compensation for past and future medical costs as well as loss of normal living and earning capacity, and emotional stress. Additionally, the spouses of survivors of mesothelioma victims may claim compensation for loss of consortium.

Some states have laws that are more favorable to mesothelioma patients than others. For instance the state of Illinois has a statute that allows residents to sue asbestos companies for negligence and wrongful deaths. The lawyers of the state have won several multi-million-dollar settlements, and asbestos victims from other states have also received compensation.

Thousands of asbestos-related lawsuits led to bankruptcy for many asbestos producers. The bankruptcy process made it easier for plaintiffs to receive compensation since the companies would not have to defend themselves in public trials.

Nonetheless, asbestos litigation is complex. The litigation process begins with the filing of a lawsuit, gathering evidence such as medical records, and appointing former colleagues, family members and doctors. It is essential to work with an experienced mesothelioma lawyer who has handled complicated cases. A mesothelioma lawyer will perform an evaluation of your case for free to determine when, where and the manner in which you were exposed to asbestos, so that you can file a claim. A mesothelioma lawyer will help you apply for a trust or insurance settlement.