Asbestos Attorneys

Asbestos lawyers specialize in pursuing compensation for those suffering of asbestos-related diseases. They can review your medical history, your work history, and other information in order to determine possible asbestos-related exposure.

Asbestos victims must file claims within legal deadlines or risk losing out on compensation. A skilled attorney will ensure that your claim is compliant with all legal requirements.

Medical Expert Witnesses

A crucial aspect of an asbestos case is testimony from a medical expert witness. Medical experts offer opinions regarding whether the plaintiff is suffering from an asbestos-related condition like mesothelioma or lung cancer. Their opinions are basing on the results of medical tests and other information, including the victim's symptoms and the extent of the disease. These experts are usually well-known and have testified in hundreds or even dozens of cases. This increases their credibility in the eyes of the jury.

An experienced lawyer has relationships with these professionals and can help create the strongest case possible for their client. Asbestos lawyers may also have their own databases of medical and other information that they can pull from to help the client's claims. They know how to locate the most reliable information and use it to build a strong argument for their clients.

Asbestos attorneys usually work for national firms that handle mesothelioma cases and other cancers on a national basis. They will know the local rules and court systems of different jurisdictions and are able to bring lawsuits in the right state court system to achieve the best outcome for their clients.

Defendants in these cases must be aware of the qualifications of plaintiffs' expert witnesses, as they are likely to be facing Daubert or Frye challenges. They must examine whether the expert witnesses have a sufficient knowledge or experience on which to base their opinions and ensure that the internal consistency of the witness's views is sufficient. Defense attorneys must also ensure that the expert witnesses be able to identify the source of the information they're using and that the sources are reliable.

While identifying and vetting such experts may seem like a daunting job, the early identification of qualified experts can help defendants to avoid a successful Daubert challenge or Frye challenge. This can save defendants lots of time, money and anxiety.

Asbestos victims in New York can seek compensation to cover medical bills and lost wages as well as travel expenses, funeral and burial costs in the event that they were exposed to asbestos and suffer from an illness like asbestosis, mesothelioma or a different type of respiratory illness. An asbestos lawyer with years of experience can assist victims, their families and the court to come up with an equitable settlement or verdict that gives them peace of mind in their finances.

Experience

asbestos lawsuit attorneys understand how to build a strong case to aid victims to receive the justice they deserve. They are able to identify asbestos exposures in the past and have access to medical experts who can connect that exposure with mesothelioma-related cancers. Asbestos lawyers are also acquainted with the various state laws and regulations which affect claims. A reputable asbestos attorney will offer clients no-cost consultation to determine the best option for their specific situation.

Asbestos-related victims could receive financial compensation for medical expenses, lost wages, home care costs loss of quality of life funeral and burial expenses when a loved one has passed away from an asbestos-related disease, and pain and suffering. A settlement or a jury verdict may award compensation to help the victims and their family members pay for the medical care they require to remain healthy.

Companies that used asbestos in their products knew of its connection to specific illnesses, like mesothelioma since the 1950s, and continued to use asbestos until the 1970s. The companies that used asbestos should be accountable for the damage that victims and their families.

An experienced asbestos lawyer can help victims and their families bring a lawsuit against the company responsible for their asbestos exposure. They can also assist with pursuing payments through asbestos trust funds even if the company responsible for their exposure no longer in existence. Asbestos lawyers can assist victims understand the various options to get compensation, including filing workers' compensation and personal injury suits.

A reputable asbestos attorney should have a track record of successful cases. This should include recent victories, substantial settlements and the awards of jury trials. Asbestos lawyers should also be familiarized with the laws of various states as many asbestos victims hail from various regions and work for companies operating internationally or nationally. It is also essential for an asbestos attorney to have an extensive network of resources to help their client's claims.

Specialized Firms

Asbestos law firms that specialize in mesothelioma litigation have a deep understanding of how state laws affect asbestos-related lawsuits. This understanding allows them to expedite the case to ensure that victims be compensated for the damages they are entitled to. They can also assist in ensuring the lawsuit is filed within the proper statute of limitations. The top mesothelioma lawyers understand how to work with asbestos companies both locally and nationally, ensuring that their clients receive the highest compensation.

Asbestos attorneys must be expert negotiators, strategists and trial lawyers. They often negotiate significant settlements on behalf of their clients. They also advocate for the victims in court to obtain mesothelioma verdicts that hold the negligent asbestos companies accountable. To maximize the compensation of their clients, mesothelioma lawyers need to be knowledgeable about asbestos laws of the federal and state levels which differ from state to state.

The best mesothelioma attorneys have a proven track of success in both federal and state courts. They have extensive experience in litigating complex commercial litigation and personal injury cases, including toxic tort. These kinds of lawsuits typically have multiple defendants, as well as a wide group of plaintiffs each with their own background as well as experiences and requirements.

In addition to their vast trial experience, the best mesothelioma lawyers have an understanding of the intricacies of asbestos litigation. They know how to navigate complicated federal and state laws that govern asbestos claims, like the Fair Labor Standards Act, the Employee Retirement Income Security Act (ERISA) and a variety of occupational safety and health standards.

Many states require their asbestos litigators be licensed in multiple jurisdictions, giving them a wealth of experience processing mesothelioma lawsuits at both the state and national level. A nationwide firm has experience filing mesothelioma lawsuits across multiple jurisdictions and can provide asbestos victims with an efficient legal strategy to maximize their compensation.

The mesothelioma attorneys at McGivney, Kluger & Clark LLP have been working tirelessly to defend asbestos-related clients in litigation for decades. Their extensive experience includes appearing before federal, appellate, and supreme courts. They have helped shape asbestos litigation defense through advocating transparency in bankruptcy trusts and creating statutes in a variety of states.

Time Limits

There is a statute or limitation period for various types of personal injury claims. These laws vary from state to state, however, if they're not followed, it may impact a person's rights. An experienced asbestos attorney (see post) can determine if a person has enough time to file a lawsuit and assist them in meeting deadlines.

Asbestos cases have distinct time limitations due to the latency period that is associated with mesothelioma and other asbestos case-related diseases. Mesothelioma patients may not show symptoms or be diagnosed until decades after their initial exposure to asbestos. The statute of limitations begins to run only after the victim is diagnosed with an asbestos-related illness.

This can complicate asbestos lawsuits, especially when a claimant files multiple claims against several defendants. The statute of limitations applicable will depend on a variety of aspects, including when the symptoms first started, and when an asbestos legal victim stopped working, their place of residence and work, and the treatment they received. These factors can also affect how long the statutory clock may be, because some states have shorter deadlines than other states.

A plaintiff who develops a second asbestos related disease after settling their first condition is deemed to be suffering from a new injury and a new statute applies. This could allow a person to sue defendants for other ailments, such as lung cancer, even if they have settled their case previously.

The same applies to the wrongful death lawsuits which are brought by surviving family members of mesothelioma patients who died or other asbestos-related ailments. A top mesothelioma lawyer will know the regulations for wrongful death suits in their respective states and can ensure that a claim is filed before the statute of limitations expires. The family of the victim won't be entitled to compensation if a lawsuit isn't filed before the statute of limitations expires. This includes money for medical bills as well as loss of income and the suffering and pain that comes with an asbestos-related disease.