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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 to determine their options. A lawyer can help determine what happened to the person who was exposed to the asbestos and which companies may be liable. A victim can make a personal injury claim or wrongful death lawsuit or an asbestos trust fund claim. Each type of claim has different requirements and results in different payouts. Personal Injury Cases A person who is injured due to asbestos exposure can file a personal injury lawsuit to claim compensation. Depending on the type of injury, an individual may seek damages for medical bills as well as lost wages, suffering and pain. Family members of the victim may also file a wrongful death lawsuit to receive financial assistance to cover funeral expenses and to gain a sense of closure following the loss of a beloved one to mesothelioma, or another asbestos-related disease. A manufacturer or employer can be held liable in an asbestos lawsuit if they violated its legal duty to protect workers from injury. A breach of a duty of an employer may be the result of negligent hiring, training, maintenance or supervision. A defective product that leads to injuries may also be sold or marketed. It is important to consult an attorney as soon after exposure to asbestos as is possible. State laws have time limitations (known as statutes or limitations) on the time that plaintiffs have to bring a lawsuit. In mesothelioma-related cases, the statute of limitations starts to run the moment the victim is diagnosed with mesothelioma or other asbestos-related disease. The type 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 subject to a premises-liability lawsuit. For instance an employee working in construction may be injured by asbestos in the power plant or an Navy ship. A person who was exposed to asbestos through indirect means like washing a loved one's clothes can also bring a personal injury lawsuit. Asbest exposure was the cause of many mesothelioma cases. Some of these cases have resulted in substantial settlements and jury awards. Companies have also been sued in class action lawsuits over the way they stored or handled asbestos on their premises. The amount of money you could receive in a mesothelioma lawsuit is contingent on a variety of factors including the age at which you were diagnosed as well as your prognosis, life expectation, your injuries and the extent of your suffering and pain. Your lawyer and you must examine the details of your case 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 led to their exposure. These defendants may also be held liable for negligence. In the case of asbestos, it's not uncommon for multiple companies to be held liable because of the many different types of potential exposure sources. Mesothelioma victims are exposed to asbestos during work in occupational settings such as construction and shipbuilding. However many cases of mesothelioma and other asbestos-related illnesses result from non-occupational exposures as well, such as living in homes built using asbestos materials, going to or working on sites containing asbestos, or handling asbestos-containing products that are sold by third-party sellers. Mesothelioma cases are based upon the legal concepts of strict liability and breach of warranty. Strict liability is one type of negligence. It means that a defendant is accountable for an injury when they fail to meet the standard of care that any other person in their position would have performed under similar circumstances. A breach of warranty is when a manufacturer or seller makes a claim regarding their product which leads to injuries. For example when a manufacturer or seller declares that an asbestos product is safe to use, and it proves to be excessively hazardous, the seller could be held responsible for resulting injuries. Asbestos litigation can be complicated by the fact that a lot of asbestos-exposed businesses have gone under or were purchased by other companies. This is known as apportionment. State laws determine the way a judge assigns responsibility to each defendant. In the case of Mary Wild, v. Owens Illinois, 705 A.2d. 58 (Md. Ct. Spec. App. App. The court declared that Bethlehem Steel did not owe Mrs. Wild a duty to warn her about the risks of asbestos exposure to her husband's clothing and body. Because of the long latency period associated with mesothelioma, preserving an accurate record of any known or suspected asbestos exposure is essential. A knowledgeable mesothelioma lawyer can advise individuals about how best to tackle this task. Firefighter Cases Firefighters are more likely suffer from asbestos-related illnesses such as mesothelioma than other people. They often have to put out fires in buildings constructed with asbestos-containing materials. Even after a blaze has been put out, firefighters may still need to inspect for asbestos-related residues and safety hazards. 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. This dust contained heavy metal particles, burning plastic and countless tons of asbestos fibers. This is the reason why people who worked at ground zero have a higher risk of developing mesothelioma or other cancers. Asbestos particles can be breathed into a firefighter's inner tissues and then remain there for a long time. This can cause irritation, inflammation and scar tissue that leads to the development of the formation of a tumor. This type of tumor is known as mesothelioma and is one of the four types of cancers that are linked to asbestos. The most common mesothelioma form is found in the lining of the lungs, referred to as the pleura. Firefighters are also at risk of lung cancer as well as other asbestos related illnesses. If you have been diagnosed with an asbestos-related condition should consult an experienced lawyer regarding their situation. They could be eligible to receive workers' compensation benefits or an asbestos lawsuit against the companies that are responsible for their exposure. Levy Konigsberg is experienced in representing firefighters who have mesothelioma or other related illnesses. Our firm is also skilled in pursuing litigation against insurance companies to get the full amount of damages our clients deserve. A number of states have passed presumptive cancer protection laws for firefighters. These laws remove the burden of firefighters suffering from cancer and presume that their illness is caused by asbestos exposure from their job. This makes it easier to obtain financial compensation and help cover medical costs. We advise those suffering from an asbestos-related illness to contact mesothelioma lawyers to discuss their case. Contact us to schedule a free, confidential consultation. Commercial Cases If, for example someone who worked in an asbestos-containing structure is diagnosed with mesothelioma they could sue the property owner. In these cases it is essential to prove the asbestos exposure wasn't caused solely by occupational exposure, but also by other factors. This could include secondhand exposure from someone with the disease, or through contaminated consumer products such as talcum powder. Workers may also make claims against asbestos manufacturers in accordance with the law on product liability. These claims are usually backed by evidence that the asbestos manufacturer's products were hazardous and faulty. In addition to compensating asbestos victims the lawsuits also seek to punish companies that did not follow warning signs and continued placing dangerous products on the market. Asbestos-related lawsuits usually result in huge payouts for plaintiffs and their families. People who have suffered injuries may receive compensation for past and upcoming medical costs, loss in normal life, loss of earnings potential, and emotional distress. Spouses of victims of mesothelioma are also able to sue for loss in consortium. Certain state laws are more favorable for mesothelioma patients than others. For instance, the state of Illinois has a statute that permits residents to sue asbestos companies for negligence and wrongful death. The lawyers of the state have won several multi-million-dollar verdicts and asbestos victims from other states have also been compensated. 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 have to defend their cases in public. Nonetheless, asbestos litigation is complex. North Las Vegas asbestos lawsuits begins with the filing of a lawsuit, obtaining evidence like medical records, and interviewing former colleagues, family members, and doctors. It is crucial to choose a seasoned mesothelioma lawyer who has handled complicated cases. A mesothelioma lawyer can conduct an assessment of your case free of charge to determine where, when and how you were exposed to asbestos so that you can make an claim. A mesothelioma lawyer with experience can also help you file for an insurance or trust fund settlement.