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How an Asbestos Lawyer Can Help You Understand Your Claim Options
A New York asbestos lawyer who is experienced can help victims to know their options. A lawyer can determine what happened to the person who was exposed to asbestos and the companies that could be responsible.
A victim can file a personal injury lawsuit or wrongful death lawsuit or an asbestos trust fund claim. Each type of claim has different requirements and result in different award.
Personal Injury Cases
Anyone who has been injured by asbestos exposure can bring a lawsuit to recover compensation. Based on the nature of injury, the victim may seek damages for medical bills, lost wages and suffering and pain. The victim's family members may also file a wrongful death lawsuit to receive financial assistance to cover funeral costs and also gain a sense closure following the loss of a beloved one to mesothelioma, or another asbestos-related illness.
A manufacturer or employer could be held liable for an asbestos lawsuit if they violated its legal obligation to safeguard workers from harm. A breach of an employer's duty could be due to negligence in hiring, training and maintenance, or supervision. A defective product that causes injuries can be sold or provided.
It is important to consult an attorney as soon after exposure to asbestos as possible. State laws impose time limits (known as statutes or limitations) on how long plaintiffs have to file a suit. In mesothelioma-related cases, the statute of limitations starts to run when the victim is diagnosed with mesothelioma or other asbestos lawyers disease.
The kind of lawsuit an individual can file will depend on the manner and location they were exposed. If asbestos was present at work, the victim could have a premises-liability lawsuit. A construction worker could be injured by asbestos in the power plant or on a Navy vessel. Someone who was exposed by second-hand exposure to asbestos, such as when washing the clothes of a loved one, can also sue for personal injury.
Asbest exposure was the reason for many mesothelioma cases. Some of these cases resulted in large jury awards and settlements. Class action lawsuits have been filed against businesses concerning the way they handled asbestos or stored on their properties.
The amount of compensation you may receive in a mesothelioma-related case depends on several factors, including the age at when you were diagnosed, your prognosis, your life expectation, your injuries and the extent of your suffering and pain. You and your lawyer should examine the details of your case to determine the fair value of your mesothelioma suit.
Product Liability Cases
The law governing product liability allows asbestos-related victims to sue manufacturers, distributors and retailers who sold dangerous products which led to their exposure. The defendants could also be held accountable for negligence. In the case of asbestos, it's typical for more than one company to be held liable due to the variety of exposure sources.
Mesothelioma patients are exposed to asbestos while working in workplaces like shipbuilding and construction. Many cases of mesothelioma and other asbestos-related illnesses result from non-occupational exposure, for example, living in or working in homes that are constructed using asbestos materials, or handling products containing asbestos that are manufactured by third parties.
Mesothelioma cases rely on the legal concepts of strict responsibility and breach of warranty. Strict liability is a form of negligence, which implies that a defendant is liable for injury if they fail to adhere to the standard level of care that any other person in their position would have exercised under similar circumstances.
A breach of warranty is when a manufacturer or seller claims to be able to provide a product which leads to injury. For example when an individual or company states that the asbestos product is safe to use and it proves to be excessively hazardous, the seller could be held accountable for the results of injuries.
Asbestos litigation can be complicated by the fact many of the asbestos-exposed companies have been bankrupt or were purchased by other companies. This is called apportionment, and state laws set the rules that govern how a judge or jury determines the liability of each defendant in a particular case.
In the case of Mary Wild, v. Owens Illinois 705 A.2d. 58 (Md. Ct. Spec. App. 1998), the mesothelioma suit filed by the decedent claimed that she was exposed to asbestos when she handled and laundered her husband's work clothes at Bethlehem Steel. 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 long-lasting time frame associated with mesothelioma, it is crucial to keep a record of all asbestos exposure, no matter if it is known or suspected. An experienced mesothelioma attorney can guide individuals on how to tackle this task.
Firefighter Cases
Firefighters are more likely than the general population to contract asbestos-related illnesses like mesothelioma. They are often required to deal with fires in buildings constructed with asbestos attorneys-containing materials. Even after a fire has been put out, firefighters might still be required to check for asbestos-related residues and safety hazards. This is especially applicable to firefighters who conduct extensive building inspections for commercial and industrial facilities.
When the World Trade Center towers collapsed on September 11, a large number of firefighters were exposed to toxic asbestos dust. This dust was contaminated with massive metal particles, burning plastic, and many tons of asbestos fibers. This is the reason that those who worked at ground zero 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 irritation, inflammation and scar tissue that leads to the formation of a tumor. The tumor is referred to as mesothelioma and is one of four types of asbestos-related cancer. The most common form of mesothelioma occurs in the lining of the lungs, which is known as the pleura.
In addition to mesothelioma, firefighters are at risk for lung cancer and other asbestos-related illnesses. If you have been diagnosed with an asbestos-related illness should talk to an experienced lawyer about their situation. They could be qualified for workers' compensation benefits or an asbestos lawsuit against the companies responsible for their exposure.
Levy Konigsberg has experience representing firefighters suffering from mesothelioma or related illnesses. Our firm is also experienced in pursuing lawsuits against insurance companies to get the total amount of 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 illness was the result of their work exposure to asbestos. This makes it easier for them to receive financial compensation and cover medical expenses. We encourage anyone with 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 someone who was employed in an asbestos-containing facility is diagnosed with mesothelioma they could sue the property owner. In these instances it is crucial to prove that the asbestos exposure was not just caused by occupational exposure, but also from other factors. This could include exposure by someone with the disease or from contamination of consumer products like talcum powder.
Workers can also bring lawsuits based on product liability laws against asbestos manufacturers. These claims are usually supported by evidence that asbestos manufacturer's product was dangerous and unsafe. In addition to compensating asbestos victims, these lawsuits seek to punish companies that ignored warning signs and kept putting unsafe products on the market.
Asbestos lawsuits often result in large payouts for plaintiffs and their families. Injured people can receive compensation for their past and future medical costs, loss in normal life, loss of earnings potential, and emotional distress. In addition, spouses of survivors of mesothelioma patients can be able to sue for loss of consortium.
Some states' laws are more favorable to mesothelioma patients than others. For instance the state of Illinois has a statute which permits residents to sue asbestos companies for negligence and wrongful death. Its lawyers have obtained several multimillion-dollar verdicts, and asbestos victims in other states have been compensated as well.
Thousands of Asbestos lawsuits (postheaven.net) led to bankruptcy for a number of asbestos manufacturers. The bankruptcy process allowed for easier compensation for plaintiffs, since the companies didn't have to defend their cases in court.
Nonetheless, asbestos litigation is complex. The process of litigation involves the filing of a complaint, gathering evidence like medical records and interviewing former colleagues, family members and doctors. It is important to work with an experienced mesothelioma lawyer that has handled complicated cases. A mesothelioma lawyer will perform an assessment of your case at no cost to determine when, where and the extent to which you were exposed. This will help you file a claim. A mesothelioma lawyer who is knowledgeable can also help you file for an insurance or trust fund settlement.
A New York asbestos lawyer who is experienced can help victims to know their options. A lawyer can determine what happened to the person who was exposed to asbestos and the companies that could be responsible.
A victim can file a personal injury lawsuit or wrongful death lawsuit or an asbestos trust fund claim. Each type of claim has different requirements and result in different award.
Personal Injury Cases
Anyone who has been injured by asbestos exposure can bring a lawsuit to recover compensation. Based on the nature of injury, the victim may seek damages for medical bills, lost wages and suffering and pain. The victim's family members may also file a wrongful death lawsuit to receive financial assistance to cover funeral costs and also gain a sense closure following the loss of a beloved one to mesothelioma, or another asbestos-related illness.
A manufacturer or employer could be held liable for an asbestos lawsuit if they violated its legal obligation to safeguard workers from harm. A breach of an employer's duty could be due to negligence in hiring, training and maintenance, or supervision. A defective product that causes injuries can be sold or provided.
It is important to consult an attorney as soon after exposure to asbestos as possible. State laws impose time limits (known as statutes or limitations) on how long plaintiffs have to file a suit. In mesothelioma-related cases, the statute of limitations starts to run when the victim is diagnosed with mesothelioma or other asbestos lawyers disease.
The kind of lawsuit an individual can file will depend on the manner and location they were exposed. If asbestos was present at work, the victim could have a premises-liability lawsuit. A construction worker could be injured by asbestos in the power plant or on a Navy vessel. Someone who was exposed by second-hand exposure to asbestos, such as when washing the clothes of a loved one, can also sue for personal injury.
Asbest exposure was the reason for many mesothelioma cases. Some of these cases resulted in large jury awards and settlements. Class action lawsuits have been filed against businesses concerning the way they handled asbestos or stored on their properties.
The amount of compensation you may receive in a mesothelioma-related case depends on several factors, including the age at when you were diagnosed, your prognosis, your life expectation, your injuries and the extent of your suffering and pain. You and your lawyer should examine the details of your case to determine the fair value of your mesothelioma suit.
Product Liability Cases
The law governing product liability allows asbestos-related victims to sue manufacturers, distributors and retailers who sold dangerous products which led to their exposure. The defendants could also be held accountable for negligence. In the case of asbestos, it's typical for more than one company to be held liable due to the variety of exposure sources.
Mesothelioma patients are exposed to asbestos while working in workplaces like shipbuilding and construction. Many cases of mesothelioma and other asbestos-related illnesses result from non-occupational exposure, for example, living in or working in homes that are constructed using asbestos materials, or handling products containing asbestos that are manufactured by third parties.
Mesothelioma cases rely on the legal concepts of strict responsibility and breach of warranty. Strict liability is a form of negligence, which implies that a defendant is liable for injury if they fail to adhere to the standard level of care that any other person in their position would have exercised under similar circumstances.
A breach of warranty is when a manufacturer or seller claims to be able to provide a product which leads to injury. For example when an individual or company states that the asbestos product is safe to use and it proves to be excessively hazardous, the seller could be held accountable for the results of injuries.
Asbestos litigation can be complicated by the fact many of the asbestos-exposed companies have been bankrupt or were purchased by other companies. This is called apportionment, and state laws set the rules that govern how a judge or jury determines the liability of each defendant in a particular case.
In the case of Mary Wild, v. Owens Illinois 705 A.2d. 58 (Md. Ct. Spec. App. 1998), the mesothelioma suit filed by the decedent claimed that she was exposed to asbestos when she handled and laundered her husband's work clothes at Bethlehem Steel. 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 long-lasting time frame associated with mesothelioma, it is crucial to keep a record of all asbestos exposure, no matter if it is known or suspected. An experienced mesothelioma attorney can guide individuals on how to tackle this task.
Firefighter Cases
Firefighters are more likely than the general population to contract asbestos-related illnesses like mesothelioma. They are often required to deal with fires in buildings constructed with asbestos attorneys-containing materials. Even after a fire has been put out, firefighters might still be required to check for asbestos-related residues and safety hazards. This is especially applicable to firefighters who conduct extensive building inspections for commercial and industrial facilities.
When the World Trade Center towers collapsed on September 11, a large number of firefighters were exposed to toxic asbestos dust. This dust was contaminated with massive metal particles, burning plastic, and many tons of asbestos fibers. This is the reason that those who worked at ground zero 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 irritation, inflammation and scar tissue that leads to the formation of a tumor. The tumor is referred to as mesothelioma and is one of four types of asbestos-related cancer. The most common form of mesothelioma occurs in the lining of the lungs, which is known as the pleura.
In addition to mesothelioma, firefighters are at risk for lung cancer and other asbestos-related illnesses. If you have been diagnosed with an asbestos-related illness should talk to an experienced lawyer about their situation. They could be qualified for workers' compensation benefits or an asbestos lawsuit against the companies responsible for their exposure.
Levy Konigsberg has experience representing firefighters suffering from mesothelioma or related illnesses. Our firm is also experienced in pursuing lawsuits against insurance companies to get the total amount of 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 illness was the result of their work exposure to asbestos. This makes it easier for them to receive financial compensation and cover medical expenses. We encourage anyone with 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 someone who was employed in an asbestos-containing facility is diagnosed with mesothelioma they could sue the property owner. In these instances it is crucial to prove that the asbestos exposure was not just caused by occupational exposure, but also from other factors. This could include exposure by someone with the disease or from contamination of consumer products like talcum powder.
Workers can also bring lawsuits based on product liability laws against asbestos manufacturers. These claims are usually supported by evidence that asbestos manufacturer's product was dangerous and unsafe. In addition to compensating asbestos victims, these lawsuits seek to punish companies that ignored warning signs and kept putting unsafe products on the market.
Asbestos lawsuits often result in large payouts for plaintiffs and their families. Injured people can receive compensation for their past and future medical costs, loss in normal life, loss of earnings potential, and emotional distress. In addition, spouses of survivors of mesothelioma patients can be able to sue for loss of consortium.
Some states' laws are more favorable to mesothelioma patients than others. For instance the state of Illinois has a statute which permits residents to sue asbestos companies for negligence and wrongful death. Its lawyers have obtained several multimillion-dollar verdicts, and asbestos victims in other states have been compensated as well.
Thousands of Asbestos lawsuits (postheaven.net) led to bankruptcy for a number of asbestos manufacturers. The bankruptcy process allowed for easier compensation for plaintiffs, since the companies didn't have to defend their cases in court.
Nonetheless, asbestos litigation is complex. The process of litigation involves the filing of a complaint, gathering evidence like medical records and interviewing former colleagues, family members and doctors. It is important to work with an experienced mesothelioma lawyer that has handled complicated cases. A mesothelioma lawyer will perform an assessment of your case at no cost to determine when, where and the extent to which you were exposed. This will help you file a claim. A mesothelioma lawyer who is knowledgeable can also help you file for an insurance or trust fund settlement.
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