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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 regarding claims. A lawyer can help determine when and where a person was exposed to asbestos and what companies could be responsible. A victim can make a personal injury claim or wrongful death lawsuit or an asbestos trust fund claim. Each has its own set of requirements and award. Personal Injury Cases Anyone who suffers an injury from asbestos exposure could file a personal injury lawsuit to recover compensation. A person may be able to claim damages for medical expenses, lost wages and 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 deaths to get financial compensation and closure following the loss of their loved one to asbestos-related illnesses such as mesothelioma. An employer or manufacturer can be held liable in an asbestos lawsuit if it breached its legal duty to protect workers from injuries. A breach of the duty of an employer could be due to negligence in hiring, training and maintenance, or oversight. A defective product that leads to injuries may be sold or provided. It is essential to speak with an attorney as soon after exposure to asbestos as possible. State laws have time limits (known as statutes or limitations) on the time that plaintiffs are required to file a suit. In mesothelioma cases the statute of limitations begins to run when the victim is diagnosed with mesothelioma or other asbestos-related disease. The type of lawsuits that an individual can file will depend on how and where they were exposed. Cary asbestos lawsuits may have a premises liability claim when they were exposed to asbestos at work. For example construction workers might be injured by asbestos in a power plant or on the deck of a Navy ship. Anyone who has been exposed to asbestos via indirect means like washing a loved one's clothes could also bring a personal injury lawsuit. Asbestos exposure was the root cause of many mesothelioma cases. Certain of these cases resulted in substantial settlements and jury awards. Companies have also been accused of class action lawsuits for the way they handled asbestos on their premises. The amount of compensation you could receive from a mesothelioma lawsuit depends on a variety of variables that include your age at the time of being diagnosed, the prognosis and life expectation of your illness, the extent of your injuries and the extent of suffering and pain. 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 product liability law allows asbestos-related victims to sue manufacturers, distributors, and retailers who sold dangerous products which caused their exposure. The defendants could also be held responsible for negligence. It's not unusual for more than one company, due to the variety of exposure sources that they are held accountable in the event of asbestos. Mesothelioma is a result of asbestos exposure in the workplace, like in shipbuilding and construction. Many cases of mesothelioma and other asbestos-related illnesses, are the result of non-occupational exposure, for example, working or living in homes constructed with asbestos materials, or handling products that contain asbestos from third parties. Mesothelioma cases are based upon the legal concepts of strict responsibility and breach of warranty. Strict liability, which is a kind of negligence, means that the defendant is liable for any injury if they do not take the same amount of care that other people do in similar situations. A breach of warranty occurs when a manufacturer or seller makes a claim about their product that causes injuries. For example the case where an individual or company claims that their 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 is complicated by the fact that many of the companies responsible for asbestos exposure have gone into bankruptcy or were acquired by other companies. This is referred to as apportionment and state laws define the guidelines for how a jury or judge determines the liability of every defendant in a case. In the case of Mary Wild, v. Owens Illinois, 705 A.2d. In the case of Mary Wild, v. Owens Illinois, 705 A.2d (Md. Ct. Spec. App. App. The court ruled that Bethlehem Steel was not required to warn Mrs. Wild about the risks of asbestos exposure through her husband's clothing or body. Due to the lengthy latency associated with mesothelioma it is important to keep a record of all asbestos exposure, regardless of whether it is known or suspected. An experienced mesothelioma lawyer will help individuals determine the best way to approach this issue. Firefighter Cases Firefighters are more likely to develop asbestos-related diseases such as mesothelioma than the general public. Their work often involves extinguishing fires in older buildings constructed with asbestos-containing materials. Even after a fire is put out, they will still have to look for asbestos residue and safety hazards. This is true especially for firefighters who conduct thorough inspections of industrial and commercial buildings. When the World Trade Center collapsed on 9/11, many firefighters were exposed toxic asbestos dust. This dust contained heavy metallic particles, burning plastic, and tons of asbestos fibers. This is the reason why those who worked at ground zero are at greater chance of developing mesothelioma and other cancers. Asbestos is a substance that can be breathed into the tissues inside a firefighter and remain there for years. This may cause irritation, inflammation and scar tissue, which can lead to the formation of a tumor. The mesothelioma tumor is a type of cancer and is one of the four types of cancer related to asbestos. The most prevalent mesothelioma type is found in the lining of the lungs, called the pleura. Firefighters also face the risk of lung cancer and other asbestos-related illnesses. If you have been diagnosed with an asbestos-related illness should speak with an experienced attorney regarding their situation. They could be eligible for workers' compensation benefits or an asbestos lawsuit against the companies accountable for their exposure. Levy Konigsberg has experience representing firefighters suffering from mesothelioma or related diseases. Our firm is also skilled in pursuing litigation against insurance companies to recover the full amount of damages that our clients deserve. Many states have adopted presumptive coverage laws for firefighters. These laws remove the burden from the firefighters with cancer and presume that their illness is due to asbestos exposure in their work. This can make it easier for firefighters to receive financial compensation as well as help cover medical expenses. We encourage anyone with an asbestos-related condition to contact a Mesothelioma Attorney to discuss their case. Contact us to schedule an appointment for a confidential, no-cost 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 cases, it's crucial to prove that the exposure to asbestos was not only caused by occupational exposure, but also due to other factors. This could include secondhand exposure from someone who has the disease, or through contaminated consumer products such as talcum powder. Workers may also file lawsuits against asbestos manufacturers based on product liability law. These claims are usually supported by evidence that the asbestos products of the manufacturer were dangerous and faulty. These lawsuits aren't only aimed at compensating asbestos victims but also companies that did not follow the warnings and sell unsafe products to the marketplace. Asbestos lawsuits typically result in huge settlements for plaintiffs and their families. For instance, people who have been injured are entitled to the compensation they deserved for their past and future medical expenses and loss of their normal lifestyle as well as lost earning capacity and emotional stress. Survivor spouses of victims of mesothelioma can also claim compensation for loss of consortium. Some states' laws are more favorable for mesothelioma sufferers than others. Illinois for instance, has a law that allows residents to sue companies involved in asbestos for negligence and wrongful deaths. Its lawyers have obtained numerous multimillion-dollar judgments and asbestos victims in other states have received compensation as well. Thousands of asbestos lawsuits led to bankruptcy for many asbestos producers. The bankruptcy process made it easier for plaintiffs to receive compensation, as the companies were not required to defend themselves in public trials. Nonetheless, asbestos litigation is complex. The litigation process begins with the filing of a lawsuit, collecting evidence like medical records, and obtaining interviews with former colleagues, family members and doctors. It is crucial to consult with a skilled mesothelioma lawyer who has dealt with complex cases. A mesothelioma lawyer will perform a free case evaluation to determine when, where and the manner in which you were exposed to asbestos so that you can make an insurance claim. A mesothelioma lawyer with experience can also assist you in filing for an insurance or trust fund settlement.