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 bring a personal injury lawsuit, a wrongful death lawsuit or an asbestos trust funds claim. Each of these options has its own requirements and results in different payouts.

Personal Injury Cases

Anyone who has been injured due to asbestos exposure may sue for compensation. The plaintiff may be entitled to damages for medical expenses, lost wages, as well as pain and suffering according to the nature and severity of their injuries. The family members of the victim could also bring a lawsuit for wrongful death to receive financial support and closure following the loss of their loved ones to asbestos-related diseases such as mesothelioma.

A manufacturer or employer can be held liable in an asbestos lawsuit if they breached their legal duty to protect employees from harm. A breach of an employer's duty could be due to negligent hiring, training, or maintenance, or oversight. A defective product that causes injuries may be sold or provided.

It is important to consult with an attorney as soon as is possible after exposure to asbestos as the laws of each state set time limits, known as statutes of limitation, on the time a plaintiff is required to file a lawsuit. In mesothelioma cases the statute of limitations begins to run the moment the victim is diagnosed with mesothelioma or other asbestos-related diseases.


The types of lawsuits that an individual can be able to file will depend on the place and how they were exposed to asbestos. If asbestos was present at work, a victim may be able to file a premises liability lawsuit. For example construction workers may be injured by asbestos at an energy plant or on the deck of a Navy ship. Someone who was exposed to asbestos via secondhand means such as washing the clothes of a loved one could also make a personal injury claim.

Many mesothelioma lawsuits have been filed against large corporations as they were responsible for the exposure of the victim to asbestos. Certain of these cases have resulted in substantial settlements and jury awards. Class action lawsuits have been filed against businesses concerning the way they handled or stored asbestos on their premises.

The amount of compensation that you could receive in a mesothelioma case depends on several factors such as the age at which you were diagnosed as well as your prognosis, life expectancy, your injuries and your pain and suffering. Your attorney and you must examine the specifics of your case to determine a reasonable amount for your mesothelioma suit.

Product Liability Cases

Product liability law allows asbestos victims to sue the distributors, manufacturers, and retailers of hazardous products that caused their exposure. The defendants could also be held responsible for their negligence. It is not uncommon to have more than one company, due to the variety of exposure sources, to be held liable for asbestos-related injuries.

Mesothelioma is caused by asbestos exposure in the workplace, such as in construction and shipbuilding. Many cases of mesothelioma, and other asbestos-related illnesses, result from non-occupational exposure, such as living in or working in homes built with asbestos-containing materials or handling products that contain asbestos from third parties.

Lansing asbestos attorneys of strict liability and breach of warranty are key to mesothelioma lawsuits. Strict liability is a type of negligence, which means that a defendant is liable for a recurrence if they fail to meet the standard of care that any other person in their position would have exercised in similar circumstances.

A breach of warranty occurs when a producer or seller makes a claim regarding their product that leads to injuries. For instance, if an individual or company claims that an asbestos product is safe to use and it is found to be unreasonable dangerous, the manufacturer or seller could be held accountable for the resulting injuries.

Asbestos litigation is complicated due to the fact that many of the companies responsible for asbestos exposure have either gone bankrupt or been acquired by other companies. This is called apportionment, and state laws establish the rules for how a judge or jury assigns liability to each defendant in a case.

For instance, in the case of Mary Wild v. Owens-Illinois, 705 A.2d 58 (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.

Due to the long-lasting time frame associated with mesothelioma, it is essential to keep track of every asbestos exposure, no matter if it is known or suspected. A mesothelioma lawyer will help individuals decide on the best way to proceed.

Firefighter Cases

Firefighters could be more susceptible than the general population to develop asbestos-related diseases like mesothelioma. Their work often involves the suppression of fires in buildings constructed with asbestos-containing materials. Even after a blaze is put out, they may still need to inspect for asbestos residue and safety risks. This is especially true for firefighters who perform thorough inspections of buildings for industrial and commercial facilities.

When the World Trade Center towers collapsed on September 11, a lot of firefighters were exposed to asbestos dust. The dust contained heavy metallic particles, burning plastic and countless asbestos fibers. This is the reason that those who worked at ground zero are more likely to developing mesothelioma or other cancers.

Asbestos can enter the tissues of the firefighter, and remains there for many years. This may cause irritation, inflammation and scar tissue that leads to the development of an enlargement of. The tumor is referred to as mesothelioma, and it is one of four types of asbestos-related cancer. Pleural mesothelioma is the most frequent mesothelioma that develops in the lung's lining called the pleura.

Firefighters also face the risk of lung cancer and other asbestos-related diseases. A lawyer who has experience with asbestos-related diseases can assist those who have been diagnosed. They could be eligible for workers compensation benefits, or they can bring a lawsuit against the companies that caused their asbestos exposure.

Levy Konigsberg is experienced in representing firefighters with mesothelioma and other related illnesses. Our firm has also been involved in lawsuits against insurance companies to recover the full amount of damages our clients are entitled to.

Many states have passed presumptive cancer coverage laws for firefighters. These laws take the burden of firefighters who have cancer, and assume that their illness is the result of asbestos exposure from their job. This makes it easier to get financial compensation, and help cover medical costs. We advise those suffering from an asbestos-related condition to speak with an attorney for mesothelioma to discuss their case. Contact us for a confidential, no-cost consultation.

Commercial Cases

For example If a person who worked on an asbestos-containing building is diagnosed with mesothelioma, they could sue the building owner. In these kinds of cases, it's important to demonstrate 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 from a second-hand source, such as a person suffering from the disease, or contaminated consumer products like talcum.

Workers may also file lawsuits based on product liability laws against asbestos producers. These claims are usually backed by evidence that the asbestos manufacturer's products were hazardous and faulty. These lawsuits are not only targeted at paying compensation to asbestos victims, but also companies that did not follow the warnings and place unsafe products on the market.

Asbestos lawsuits often result in huge settlements for plaintiffs and their families. Victims of injuries can be awarded compensation for past and upcoming medical expenses, loss of normal life, loss of earning potential, and emotional stress. Spouses of victims of mesothelioma are also able to claim compensation for loss of consortium.

Certain states have laws that are more favorable to mesothelioma plaintiffs than others. Illinois, for example, has a law that permits residents to bring lawsuits against asbestos-related companies for negligence and negligent deaths. The lawyers of the state have won many multi-million dollar verdicts, and asbestos victims from other states have also received compensation.

Thousands of asbestos-related lawsuits led to bankruptcy for many asbestos manufacturers. The bankruptcy process allowed more lenient compensation for plaintiffs since the companies did not have to defend their cases in public.

Nonetheless, asbestos litigation is complex. The process of litigation includes the filing of a complaint, gathering evidence such as medical records and interviewing former co-workers or family members, as well as doctors. It is essential to consult with a skilled mesothelioma lawyer who has dealt with complicated cases. A mesothelioma attorney will conduct an assessment of your case at no cost to determine the date, time, and the extent to which you were exposed. This will assist you to file a claim. A mesothelioma lawyer can assist you in applying for a trust or insurance settlement.