Frequently Asked Questions
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How is secondary asbestos exposure proven?
This is where a seasoned asbestos attorney can be invaluable. He will know how to investigate your case and gather the evidence in order to build the case against those responsible. Your attorney will advise you on how to gather the needed information from family and/or friends to help determine where the asbestos you were exposed to came from and which companies are liable.
Does a victim of secondary asbestos exposure have any legal options?
Yes. Victims who suffer asbestos-related disease can file a personal injury lawsuit against the party or parties responsible. They may also be able to file against trust funds set up by asbestos manufacturers and suppliers who have gone bankrupt. A Virginia asbestos attorney can evaluate the victim’s case and determine the best legal course of action.
How does secondary asbestos exposure happen?
Secondary asbestos exposure occurs when a person is exposed to asbestos fibers that someone else’s activity generated. For example, a husband works for a railroad and unknowingly brings asbestos fibers home on his clothing. His wife handles this clothing while laundering and is exposed to those fibers. Even hugging a family member who has asbestos fibers on their clothing can cause secondary asbestos exposure.
Secondary asbestos exposure is just as dangerous as working directly with materials that contain the asbestos because even limited exposure to asbestos can cause mesothelioma and other asbestos-related diseases. Asbestos fibers can be transferred onto vehicles, backpacks, lunchboxes, and even the family pets.
If a patient signs a consent form prior to a medical procedure that resulted in medical injuries, can they still recover damages in a malpractice lawsuit?
Signing a consent for does not waive liability for a medical professional. If it can be proven that the doctor did not follow the applicable standard of care and the patient was injured as a result, then they can still receive compensation for their damages.
Can a victim sue for the possibility of what could have happened during a medical procedure?
Although it may be stressful or frightening to find out there was negligence involved in a medical procedure you underwent that could have caused you an injury, as long as the error was caught and corrected right away and the patient did not suffer harm, then there is not basis to file a malpractice lawsuit. There must be damages – injury, pain and suffering, other losses – or the need for more medical treatment in order to be deemed malpractice.
Is a nursing home abuse or neglect case considered medical malpractice?
Unless the victim was receiving medical treatment at the time of the incident, the case would not be considered malpractice. The victim can still file a personal injury case for any abuse or neglect they suffered at the hands of nursing home staff and/or other residents but since the abuse usually doesn’t involve doctor-patient relationship, it would not be malpractice.
What are the most common boating accident injuries?
- Broken or fractured bones
- Lacerations or bruises
- Spinal cord damage
- Traumatic brain injury (TBI)
What are the most common causes of NC boating accidents?
- Boating under the influence of drugs or alcohol (BUI)
- Equipment failure
- Excessive speed
- Navigational violations
- Operator error/inexperience
- Treacherous waters/inclement weather
How many recreational boating accidents happen in the U.S. each year?
According to the U.S. Coast Guard, last year there were 4,145 recreational boating accidents that resulted in the deaths of 633 victims. Another 2,511 victims were injured. There was also $46 million in property damage.
Are e-cigarette makers liable for injuries users of their products suffer?
They may be. Despite the known risks of using these devices, manufacturers have failed to issue warnings to potential consumers. Instead, companies have targeted teens and young adults with aggressive marketing campaigns.
Several states have filed lawsuits against e-cigarette companies because of these deceptive marketing practices, including North Carolina, California, and New York. Victims should contact a Virginia dangerous product attorney to see what their legal options may be.