Asbestos Attorneys

Asbestos lawyers specialize in pursuing compensation for victims of asbestos-related illnesses. They can review your medical records, work history, and other data to determine possible asbestos-related exposure sources.

Asbestos victims must file claims within legal deadlines or risk missing the opportunity to receive compensation. A competent attorney will make sure that your claim is in compliance with all legal requirements.

Medical Expert Witnesses

Medical expert witness testimony is an essential element in asbestos cases. Medical experts provide their opinions on whether the plaintiff is suffering from asbestos-related diseases, like lung cancer or mesothelioma. Their conclusions are based upon the results of medical testing as well as other information, such as the symptomatology of the patient and the severity of their illness. These experts have usually provided evidence in dozens, or hundreds of cases, and often have well-established reputations. That increases their credibility in the eyes of jurors.

An experienced lawyer will have connections to these professionals and can assist them build the strongest possible case for their clients. Asbestos attorneys might also have databases of medical information and other details that they can use to support their clients' claims. They know how to find the most reliable sources of information and use them to create a convincing argument for their clients.

Asbestos lawyers typically work for national firms that handle mesothelioma lawsuits on a worldwide basis. They will be knowledgeable of local laws and courts in different jurisdictions and are able to make lawsuits within the proper state court system to achieve the best results for their clients.

In these cases defendants must pay careful attention to the qualifications and training of the plaintiff's expert witnesses. They could be subject to Daubert or Frye challenges. They must determine whether the expert witnesses are adequately educated or trained to form their opinions, and if they are consistent. The defendants must also ensure that the expert witnesses are able to identify their sources and prove that they are legitimate.

While identifying and vetting experts might seem like a daunting task, early identification of qualified experts can help defendants avoid a successful Daubert challenge or Frye challenge. This can save the defense significant amounts of time, money and stress.

Asbestos victims in New York can seek compensation to cover medical bills, lost wages, travel expenses, funeral and burial expenses if they were exposed to asbestos and suffer from an illness like asbestosis, mesothelioma or another kind of respiratory disease. An asbestos lawyer who has experience will assist victims, their families and the court to come up with an appropriate settlement or verdict that will give them peace of mind in their finances.

Experience

Asbestos lawyers are able to build a strong case that can help victims get the compensation they deserve. They know how to determine asbestos exposure in the past and have access to medical experts who can link the exposure to mesothelioma-related cancers. Asbestos attorneys are also familiarized with the different state laws and regulations that affect claims. A professional asbestos lawyer with a good reputation will offer clients a free consultation with no obligation and determine the best solution for their particular situation.

Asbestos-related illnesses can result in financial compensation. This includes medical expenses, lost wages and home care costs. Additionally, it includes the loss of quality of life funeral and burial costs and pain and discomfort. A settlement or a jury verdict could award compensation to help victims and their families pay for the medical care they need in order to stay healthy.

Companies that used asbestos in their products were aware of its link to certain diseases, such as mesothelioma, from the 1950s and continued to use it until the 1970s. These companies should be accountable for the harm caused by the victims and their families.

An asbestos lawyer with experience can help victims and families file a suit against the company responsible for their exposure to asbestos. They can also assist with the process of obtaining payments from asbestos trust funds even if the business responsible for their exposure no longer operating. Asbestos lawyers can help victims to understand the different options available to obtain compensation, including filing workers' compensation as well as personal injury suits.

A reputable asbestos attorney should have an established track record of winning cases. This includes recent victories, substantial settlements and awards from jury trials. Asbestos lawyers must be aware of the laws in different states, as many asbestos victims are from multiple regions across the country, and worked for companies that operated nationally or internationally. A national network of resources is crucial for asbestos attorneys to help their clients' claims.

Specialized Firms

Asbestos law firms that specialize in mesothelioma litigation have a deep understanding of the laws of the state that govern asbestos-related cases. This allows them to speed up the process to ensure that the victims get the compensation to which they are entitled. They can also ensure the lawsuit is filed in accordance with the correct time limit. The best mesothelioma lawyer lawyers know how to work with national and local asbestos companies, making sure their clients receive the most amount of compensation.

Asbestos lawyers must be skilled negotiators, strategists and trial lawyers. They often negotiate substantial settlements on behalf of their clients. They also represent the victims to get mesothelioma verdicts that hold negligent asbestos firms accountable. In order to maximize their client's compensation mesothelioma lawyers must be knowledgeable of federal and state asbestos statutes of limitations, which differ by state.

The most effective mesothelioma lawyers have a track of success both in federal and state courts. They have a wealth of experience handling complex commercial litigation and personal injury cases, including toxic tort. These kinds of lawsuits typically include multiple defendants as well as a wide group plaintiffs each with their own backgrounds experience, needs and experiences.

In addition to their vast trial experience, the best mesothelioma lawyers are knowledgeable of the intricate complexities of asbestos litigation. They are adept at navigating the complicated federal and state laws that govern asbestos-related claims, including the Fair Labor Standards Act (FLSA) as well as the Employee Retirement Income Securities Act (ERISA) as well as various occupational safety and health standards.

Many states require their asbestos litigators to be licensed in multiple jurisdictions, giving them a wealth of experience processing mesothelioma cases at both the national and state level. A nationwide firm has experience in filing mesothelioma suits across multiple jurisdictions and can offer asbestos victims an effective legal strategy that maximizes their compensation.

Since the early 1970s, the mesothelioma lawyers at McGivney, Kluger & Clark LLP have been representing clients in asbestos litigation. Their extensive experience includes appearing before appellate, federal and supreme courts. They have shaped the asbestos litigation defense by promoting transparency in bankruptcy trusts and establishing statutes of limitation in a variety of states, and introducing new legal theories.

Time Limits

There is a statute or time limit for a variety of personal injury claims. The laws for each state differ, but they can impact the rights of a person's legal right if not adhered to. An asbestos lawyer can assist victims meet deadlines and determine whether they have enough time to make a claim.

Asbestos cases are unique in their time limits due to the latency period that is associated with mesothelioma as well as other asbestos-related diseases. Mesothelioma sufferers may not develop symptoms or receive a diagnosis until decades after their first exposure to asbestos. The statute of limitations starts to run only after the victim is diagnosed with an asbestos-related condition.

This can cause problems in asbestos litigation in particular when a plaintiff files multiple claims against different defendants. Typically, the time-limits will depend on a myriad of factors, including when the symptoms started and the reason why the person stopped working, where they lived and worked, and where they received their treatment. These factors can also affect the length of time that the statutory clock may be, since certain states have shorter deadlines than others.

A plaintiff who develops a second asbestos related disease after they settle their original condition is considered to have a new injury and a new statute applies. This may allow a person to sue defendants over other conditions such as lung cancer even having had a settlement with them before.

The same is true for wrongful death suits which are brought by the surviving relatives of a deceased victim of mesothelioma or other asbestos-related illnesses. A top mesothelioma lawyer will know the regulations for wrongful death suits in their states and can ensure that the claim is filed before the statute of limitations runs out. The family of the victim won't be eligible for compensation if a lawsuit isn’t filed before the statute expires. This includes money to cover medical expenses, lost income, and the pain and suffering caused by asbestos-related diseases.