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How an Asbestos Lawyer Can Help You Understand Your Claim Options A New York asbestos lawyer who is knowledgeable can assist victims determine their options. A lawyer can determine the time and place when someone was exposed to asbestos and which companies may be accountable. A victim can make a personal injury claim or wrongful death lawsuit or an asbestos trust fund claim. Each option has its own rules and award. Personal Injury Cases Anyone who is injured by asbestos exposure could pursue a personal injury suit to claim compensation. Depending on the nature of injury, the victim may be able to claim damages for medical bills and lost wages as well as pain and suffering. The family members of the victim could also file a wrongful-death lawsuit to receive financial assistance to cover funeral expenses and to gain a sense of closure after losing a loved one to mesothelioma or another asbestos-related illness. An employer or manufacturer can be held responsible for an asbestos lawsuit, if they breached their legal obligation to protect employees from harm. An employer's duty can be breached by negligent hiring or training, maintenance, or supervision. A defective product that can cause injuries can be sold or provided. It is essential to speak with an attorney as soon after exposure to asbestos as you can. State laws have time limitations (known as statutes or limitations) on the length of time plaintiffs have to bring a lawsuit. 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 kinds of lawsuits an individual may pursue will depend on the location and how they were exposed to asbestos. If asbestos was present at work, the victim could have a premises-liability lawsuit. A construction worker may be injured by asbestos at the power plant or on a Navy vessel. Anyone who has been exposed to asbestos through indirect means like washing clothes for a loved one can also file a personal injury lawsuit. Asbestos exposure was the root cause of many mesothelioma cases. Certain of these cases have resulted into significant jury awards and settlements. Class action lawsuits have also been filed against companies in relation to how they handled asbestos or stored it on their premises. The amount of compensation you can receive from a mesothelioma lawsuit depends on a number of factors that include your age at the time of being diagnosed, the prognosis and life expectation of your disease, the extent of your injuries and the amount of suffering and pain. Your lawyer and you should examine the details of your case to determine the fair value of your mesothelioma lawsuit. Product Liability Cases Product liability law allows asbestos victims to sue manufacturers, distributors and retailers of hazardous products that caused their exposure. These defendants can also be held accountable for their negligence. In the case of asbestos, it's common for more than one company to be held liable due to the variety of exposure sources. Mesothelioma victims are exposed to asbestos during work in work environments such as shipbuilding and construction. However many cases of mesothelioma and other asbestos-related diseases stem from non-occupational exposure too, like living in homes constructed with asbestos materials, visiting or working on areas that contain asbestos or handling asbestos-containing items that are sold by third-party sellers. Mesothelioma cases are based on the legal concepts of strict liability and breach of warranty. Strict liability is a form of negligence, which means that a defendant is liable for injury if they fail to uphold the standard of care that every other person in their position would exercise under similar circumstances. A breach of warranty occurs when a producer or seller makes a claim about their product which causes injuries. For example when a manufacturer or seller declares that the asbestos product is safe to use, and it is found to be unreasonable dangerous, the manufacturer or seller could be held accountable for the resultant injuries. Asbestos litigation can be complicated due to the fact that many of the companies that have been responsible for asbestos exposure have gone bankrupt or been acquired by other businesses. This is known as apportionment and state laws establish the rules for how a jury or judge determines the liability of each defendant in a particular case. In the case of Mary Wild, v. Owens Illinois 705 A.2d. The Court of Appeals for the District of Columbia, 58 (Md. Ct. Spec. App. 1998), the mesothelioma suit filed by the decedent claimed that she was exposed to asbestos when she washed and cleaned husband's work clothes at Bethlehem Steel. The court declared that Bethlehem Steel did not owe Mrs. Wild a duty to warn her about the potential dangers of asbestos exposure to the clothes and body of her husband. Due to the lengthy mesothelioma's latency time keeping a complete record of any suspected or known asbestos exposure is crucial. An experienced mesothelioma lawyer will guide individuals on how to approach this issue. Waukegan asbestos lawyers are more prone to develop asbestos-related illnesses like mesothelioma than the general public. Their job often involves extinguishing fires in buildings constructed with asbestos-containing materials. Even after a fire is put out, they might still be required to check for asbestos residue and safety hazards. This is especially true for firefighters who perform thorough inspections of buildings for commercial and industrial facilities. When the World Trade Center towers collapsed on September 11, a lot of firefighters were exposed to toxic asbestos dust. The dust was heavy metallic particles, burning plastic and countless asbestos fibers. This is the reason that those who worked in the ground zero area have a higher risk of developing mesothelioma or other cancers. Asbestos particles can get into the tissues of a firefighter's body and remain there for years. This can cause irritation, inflammation and scar tissue that can lead to the development of a tumour. The mesothelioma tumor is a type of cancer and is one of the four types of cancer related to asbestos. Pleural mesothelioma, the most prevalent mesothelioma type, which develops in the lining of the lungs known as the pleura. Firefighters are also at risk of lung cancer as well as other asbestos-related illnesses. Anyone diagnosed with an asbestos-related disease should talk to an experienced attorney about their situation. They may be eligible for benefits from workers' compensation or an asbestos lawsuit against the companies that are responsible for their exposure. Levy Konigsberg has experience representing firefighters with mesothelioma and related diseases. Our firm has also been involved in litigation against insurance companies for the full amount of damages our clients deserve. Many states have passed presumptive insurance laws for firefighters. These laws eliminate the burden of proof from firefighters suffering from cancer and assume that their condition was the result of their work exposure to asbestos. This can make it easier for those suffering from cancer to receive financial compensation as well as help to pay medical expenses. We encourage anyone with an asbestos-related condition to contact an attorney who specializes in Mesothelioma to discuss their case. Contact us for a confidential, no-cost 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's crucial to demonstrate that the asbestos exposure wasn't just caused by occupational exposure but as well by other causes. This could be due to exposure from someone who has the disease or by contamination of consumer products like talcum powder. Workers may also bring lawsuits based on product liability laws against asbestos producers. These claims are usually backed by evidence that asbestos manufacturer's product was dangerous and unsafe. In addition to remuneration for asbestos victims, these lawsuits seek to slap companies who did not follow warning signs and continued placing dangerous products on the market. Asbestos lawsuits often result in substantial settlements for plaintiffs and their families. Injured people can receive compensation for their past and future medical expenses, loss of regular life, loss of earning potential, and emotional anxiety. In addition, spouses of survivors of mesothelioma sufferers may sue for loss of consortium. Some states' laws are more favorable to mesothelioma patients than other states' laws. Illinois is one of them. Illinois has a law that allows residents to sue asbestos-related companies for negligence and negligent deaths. Their lawyers have won a number of multimillion-dollar verdicts, and asbestos victims in other states have been compensated as well. Many asbestos producers filed for bankruptcy in the face of thousands of lawsuits. The bankruptcy process made it easier for plaintiffs to receive compensation, since the companies did not have to defend themselves in public trials. Nonetheless, asbestos litigation is complex. The process of litigation starts with the filing of a lawsuit, obtaining evidence like medical records, and appointing former family members, colleagues as well as doctors. It is essential to work with an experienced mesothelioma lawyer who has handled complex cases. A mesothelioma lawyer will conduct an assessment of your case at no cost to determine when, where and how you were exposed. This will assist you to make an insurance claim. A mesothelioma lawyer with experience can also assist you in filing for a trust fund or insurance settlement.