What Is Exposure To Asbestos Lawsuit's History? History Of Exposure To Asbestos Lawsuit
How an Asbestos Lawyer Can Help You Understand Your Claim Options
A skilled New York asbestos lawyer can assist victims in understanding their options regarding claims. A lawyer can help determine when and where a person was exposed to asbestos and which companies may be liable.
A victim can file a personal injury lawsuit or wrongful death suit or an asbestos trust fund claim. Each type of claim has different requirements and result in different award.
Personal Injury Cases
A person who is injured by asbestos exposure could pursue a personal injury suit to claim compensation. A person may 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 to receive financial assistance to cover funeral costs and also gain a sense closure following the loss of a loved person to mesothelioma or an asbestos-related illness.
A manufacturer or employer can be held liable in an asbestos lawsuit in the event that they violated their legal obligation to protect employees from danger. A breach of the duty of an employer could be due to negligence in hiring, training, maintenance, or oversight. It can also be breached by selling or supplying a defective product that can cause injury.
It is important to consult with an attorney as soon as is possible after an exposure to asbestos because the laws of each state set time limits, also known as statutes of limitation, on how long a plaintiff must start an action. In mesothelioma cases, the statute of limitations begins to run as soon as the victim is diagnosed with mesothelioma, or any other asbestos-related diseases.
The kind of lawsuits one can file depend on the manner and location they were exposed. If asbestos was present at work, a victim may be subject to a premises-liability lawsuit. For example an employee working in construction might be injured by asbestos at the power plant or the deck of a Navy ship. A person who was exposed to asbestos via indirect means like washing clothes for a loved one may also make a personal injury claim.
Many mesothelioma lawsuits have been filed against large corporations because they were responsible for the exposure of the victim to asbestos. Certain of these cases have resulted in significant settlements and jury awards. Companies have also been sued in class action lawsuits for the way they stored or handled asbestos on their premises.
The amount of money you could receive in a mesothelioma lawsuit depends on several factors including the age at which you were diagnosed as well as your prognosis, life expectancy, your injuries, and your pain and suffering. Your lawyer and you must review your case details to determine the fair value of your mesothelioma case.
Product Liability Cases
Product liability law allows asbestos victims to sue the manufacturers, distributors and retailers of hazardous products that caused their exposure. They can be held responsible for negligence. In the case of asbestos, it's typical for multiple companies to be held accountable because of the many different types of potential exposure sources.
Oklahoma City asbestos attorney are exposed to asbestos during work in occupational settings such as shipbuilding and construction. Many cases of mesothelioma and other asbestos-related illnesses, are the result of non-occupational exposure, for example, living in or working in homes built with asbestos materials or handling asbestos-containing third-party products.
Mesothelioma cases rely on the legal concepts of strict liability and breach of warranty. Strict liability is a type of negligence, which means that a defendant is liable for a recurrence if they fail to uphold the standard level of care that every other person in their position would exercise under similar circumstances.
A breach of warranty occurs when a manufacturer or seller makes a claim about their product that leads to injuries. For instance the case where a manufacturer or seller claims that the asbestos product is safe to use, and it proves to be excessively dangerous, the manufacturer or seller could be held accountable for the resulting injuries.
Asbestos litigation can be complicated by the fact that many of the asbestos-exposed companies have been bankrupt or were purchased by other companies. This is called apportionment, and state laws define the rules that govern 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 clothes or body.
Because of the long mesothelioma's latency time keeping a complete record of any suspected or confirmed asbestos exposure is crucial. A mesothelioma lawyer will help people determine the best method to proceed.
Firefighter Cases
Firefighters are more prone to suffer from asbestos-related illnesses such as mesothelioma, than the general population. Their job often involves the suppression of fires in structures that were constructed using asbestos-containing materials. Even after a fire is extinguished, they may need to examine the area for safety hazards and possible asbestos residue. This is especially true for firefighters who conduct in-depth inspections of industrial and commercial buildings.
When the World Trade Center collapsed on 9/11 many firefighters were exposed to toxic asbestos dust. The dust contained massive metal particles, burning plastic and countless tons of asbestos fibers. This is why people who served at ground zero are at a higher risk of developing mesothelioma or other cancers.
Asbestos particles can be breathed into the tissues of a firefighter's body and become lodged there for decades. This can lead to irritation, inflammation, and scar tissue which leads to the formation of a tumor. The mesothelioma tumor is a type of cancer and is one of the four types of cancers that are linked to asbestos. The most frequent form of mesothelioma occurs in the lining that lines the lungs, called the Pleura.
Firefighters also face the risk of developing lung cancer and other asbestos-related diseases. A lawyer with experience in asbestos-related illnesses can help those who have been diagnosed. They may be eligible for workers' compensation benefits or an asbestos lawsuit against companies accountable for their exposure.
Levy Konigsberg has experience representing firefighters suffering from mesothelioma or related diseases. Our firm is also experienced in pursuing litigation against insurance companies to get the full amount of damages that our clients are entitled to.
A number of states have passed presumptive coverage laws for firefighters. These laws remove the burden of firefighters with cancer and presume that their illness is the result of their occupational asbestos exposure. This makes it easier to obtain financial compensation and help with medical expenses. We urge anyone suffering from an asbestos-related illness to speak with an attorney who specializes in Mesothelioma to discuss their case. Contact us to schedule an appointment for a confidential, no-cost consultation.
Commercial Cases
If, for instance an employee who worked in an asbestos-containing structure is diagnosed with mesothelioma, they could sue the property owner. In these instances it is essential to prove the asbestos exposure was not just caused by occupational exposure, but also from other factors. This could be a result of secondhand exposure by someone with the disease, or from contaminated consumer products like talcum.
Workers can also bring lawsuits based on product liability laws against asbestos manufacturers. These claims are usually backed by evidence that the asbestos manufacturer's product was dangerous and unsafe. These lawsuits are not only focused on the compensation of asbestos victims, but also companies who ignored warnings and continued to place unsafe products on the market.
Asbestos-related lawsuits usually result in substantial payouts to plaintiffs and their families. Injured people can receive compensation for the past and upcoming medical expenses, loss of normal life, lost earning potential, and emotional stress. Additionally, the spouses of survivors of mesothelioma sufferers may sue for loss of consortium.
Certain states' laws are more favorable to mesothelioma plaintiffs than other states' laws. For instance, the state of Illinois has a statute that allows residents to sue asbestos companies for negligence and wrongful deaths. Its lawyers have won several multi-million-dollar verdicts and asbestos victims from other states have also been compensated.
Many asbestos producers filed for bankruptcy in the face of a plethora of lawsuits. The bankruptcy process resulted in easier compensation for plaintiffs, since the companies did not need to defend their case in court.
Nonetheless, asbestos litigation is complex. The litigation process begins with the filing of a lawsuit, gathering evidence such as medical records, and appointing former family members, colleagues, and doctors. It is essential to work with an attorney for mesothelioma who has experience handling complex cases. A mesothelioma attorney will conduct a case evaluation for free to determine the date, time, and the extent to which you were exposed. This will help you file an insurance claim. A mesothelioma lawyer can help you apply for an insurance settlement or trust.