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How an Asbestos Lawyer Can Help You Understand Your Claim Options A New York asbestos lawyer who has experience can help victims know their options. A lawyer can help determine where and when someone was exposed to the asbestos and the companies that could be accountable. A victim may file a personal injuries lawsuit, a wrongful death lawsuit, or an asbestos trust funds claim. Each option has different requirements and can result in different payouts. Personal Injury Cases Anyone who has been injured due to asbestos exposure may bring a lawsuit to recover compensation. A person could be eligible to claim damages for medical expenses, lost wages and pain and suffering depending on the type and severity of their injury. Family members of the victim may also file a wrongful-death lawsuit seeking financial compensation to cover funeral costs and gain a sense of closure following the loss of a beloved person to mesothelioma or an asbestos-related disease. An employer or manufacturer can be held liable in an asbestos lawsuit if it breached its legal obligation to safeguard workers from harm. An employer's duty is breached when they fail in hiring or training, maintenance, or supervision. A defective product that can cause injuries may also be sold or supplied. It is important to consult an attorney as soon after exposure to asbestos as you can. State laws impose time limits (known as statutes or limitations) on how long plaintiffs have to make a claim. In mesothelioma-related cases, the statute of limitations starts to run when the victim is diagnosed with mesothelioma or another asbestos-related disease. The kind of lawsuits an individual may file will depend on how and where they were exposed. If asbestos was present at work, a victim could have a premises-liability lawsuit. For example construction workers may be injured by asbestos in an energy plant or on an Navy ship. Anyone who has been exposed by second-hand exposure to asbestos, like when washing the clothes of a loved one, can also bring a lawsuit to claim personal injury. Many mesothelioma lawsuits have been filed against large corporations because they were the ones responsible for the exposure of the victim to asbestos. Some of these cases have resulted in substantial settlements and jury awards. Companies have also been accused of class action lawsuits over the way they stored or handled asbestos on their premises. The amount of compensation you could receive from a mesothelioma case is contingent on a number of factors such as your age at the time you were diagnosed and the prognosis as well as life expectancy of your illness as well as the severity of your injuries and the extent of suffering and pain. Your lawyer and you should review your case details to determine the fair value of your mesothelioma case. Product Liability Cases The law governing product liability allows asbestos victims to sue distributors, manufacturers and retailers of dangerous products that caused their exposure. They can also be held liable for negligence. It is not unusual to have 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, for example in construction and shipbuilding. However many cases of mesothelioma and other asbestos-related illnesses result from non-occupational exposures too, like living in homes that are constructed with asbestos materials, visiting or working on sites that contain asbestos or handling asbestos-containing items sold by third parties. Mesothelioma cases rely on the legal concepts of strict responsibility and breach of warranty. Strict liability is a type of negligence, which implies that a defendant is accountable for a recurrence if they fail to uphold the standard level of care that a person in their position would have performed under similar circumstances. A breach of warranty occurs when a seller or seller makes a claim regarding their product which causes injury. For instance, if a manufacturer or seller declares an asbestos product to be safe for use, but it turns out unreasonably hazardous the seller may be held accountable for the injuries. Wyoming asbestos lawsuits can be complicated by the fact that a lot of asbestos-exposed businesses have gone under or were purchased by other companies. This is referred to as apportionment and state laws define the rules that govern 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. 1998), the decedent's mesothelioma lawsuit alleged that she was exposed to asbestos when she handled and laundered husband's work clothes at Bethlehem Steel. 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 long time frame associated with mesothelioma, it is essential to keep track of all asbestos exposure, whether known or suspected. A mesothelioma lawyer can help individuals decide on the best way to proceed. Firefighter Cases Firefighters could be more susceptible than the general population to contract asbestos-related illnesses such as mesothelioma. They typically have to extinguish fires in structures built with asbestos-containing materials. Even after a fire is extinguished, firefighters may have to check the area for safety risks and possible asbestos residue. This is particularly true for firefighters who conduct extensive inspections of commercial and industrial buildings. When the World Trade Center towers collapsed on September 11, a large number of firefighters were exposed to toxic asbestos dust. The dust contained heavy metal particles, burning plastic and numerous tons of asbestos fibers. This is the reason why those who worked at ground zero are at a greater chance of developing mesothelioma and other cancers. Asbestos is a substance that can be breathed into the inner tissues of a firefighter and remain there for many years. This can cause inflammation, irritation and scar tissue, which can lead to the development of a tumour. The tumor is referred to as mesothelioma, and it is one of the four types of asbestos-related cancer. Pleural mesothelioma, the most frequent type of mesothelioma, which develops in the lung's lining called the pleura. Firefighters also face the risk of developing lung cancer and other asbestos related illnesses. Those who have been diagnosed with an asbestos-related condition should talk to an experienced attorney regarding their situation. They could be eligible for benefits from workers' compensation or an asbestos lawsuit against companies responsible for their exposure. Levy Konigsberg has experience representing firefighters suffering from mesothelioma or related illnesses. Our firm is also experienced in pursuing litigation against insurance companies to ensure that our clients receive the total amount of damages our clients are entitled to. Many states have passed presumptive cancer protection laws for firefighters. These laws take the burden from the firefighters suffering from cancer and assume that their illness is caused by asbestos exposure from their job. This makes it easier for those suffering from cancer to receive financial compensation as well as help cover medical expenses. We urge anyone suffering from an asbestos-related disease to contact a Mesothelioma Attorney to discuss their case. Contact us for a confidential, no-cost consultation. Commercial Cases If, for instance an employee who was employed in an asbestos-containing facility is diagnosed with mesothelioma, they can sue the owner. In these instances, it is essential to prove that the exposure to asbestos was not only caused by occupational exposure, but also due to other factors. This could be a result of exposure to asbestos by a person who has the disease, or contaminated consumer goods such as talcum. Workers can also make claims in accordance with the laws on product liability against asbestos manufacturers. These claims are often supported by evidence that asbestos manufacturer's product was dangerous and defective. In addition to remuneration for asbestos victims These lawsuits aim to slap companies who did not follow warning signs and continued putting 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 future and past medical expenses, loss of normal life, lost earning capacity, and emotional anxiety. Moreover, surviving spouses of mesothelioma victims may be able to sue for loss of consortium. Some state laws are more favorable for mesothelioma victims than others. For instance, the state of Illinois has a law that allows residents to sue asbestos companies for negligence and wrongful death. The lawyers of the state have secured numerous multimillion-dollar judgments and asbestos victims from other states have also received compensation as well. Many of the asbestos manufacturers declared bankruptcy in the facing of a flood of lawsuits. The bankruptcy process made it easier for plaintiffs to get compensation, since the companies did not have to defend themselves in public trials. Nonetheless, asbestos litigation is complex. The process of litigation includes the filing of a complaint, gathering evidence, such as medical records and interviewing former coworkers, family members and doctors. It is essential to choose mesothelioma lawyers who have expertise in handling complicated cases. A mesothelioma lawyer will perform an assessment of your case at no cost to determine the date, time, and how you were exposed. This will assist you to file an insurance claim. A mesothelioma lawyer can help you apply for an insurance settlement or trust.