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Asbestos Attorneys

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

Asbestos sufferers who fail to submit their claims by the legal deadlines will lose the right to compensation. A skilled attorney can ensure that your claim is compliant with legal requirements.

Medical Expert Witnesses

Expert witness testimony by medical experts is a crucial part of asbestos cases. Medical experts provide their opinions regarding whether the plaintiff is suffering from an asbestos-related condition like mesothelioma or lung cancer. Their decisions are based on the results of medical tests and other information that includes the patient's symptoms and the degree of the disease. These experts have generally provided evidence in dozens, or hundreds of cases, and they usually have a good reputation. This boosts their credibility in the eyes of the jury.

An experienced attorney has connections to these professionals, and can help create the strongest case possible for their client. Asbestos lawyers may have their own databases of medical and other information that they can pull from to help support their client's claims. They know where to find the most reliable data and use it to build a strong argument for their clients.

Asbestos lawyers usually work for national firms that manage mesothelioma lawsuits (visit the next page) on a worldwide basis. They will be knowledgeable of local laws and courts in various jurisdictions and will be able bring lawsuits in the right state court system to achieve the best outcome for their clients.

In these cases, defendants must pay close attention to the qualifications and training of the plaintiff's experts witnesses. They could face Daubert or Frye challenges. They must determine if the expert witnesses have adequate knowledge or experience on which to base their opinions and ensure that the internal coherence of the witness's opinions is sufficient. Defendants must also be sure that the expert witnesses can accurately identify the sources of the information they're using and that those sources are reliable.

While the process of identifying and vetting these experts may seem like a dauting task, the early identification of experts can aid defendants in avoiding a successful Daubert or Frye defense. This can save the defendants lots of time, money and anxiety.

Asbestos-related victims in New York can seek compensation to pay medical bills as well as lost wages and home care costs and funeral and burial expenses when they have been exposed to asbestos and suffer from an illness such as asbestosis, mesothelioma or a different kind of respiratory disease. An knowledgeable asbestos lawyer can assist victims and their families get an equitable settlement or verdict that will provide financial peace of mind.

Experience

Asbestos attorneys understand how to create a compelling case to aid victims to receive the justice they deserve. They have access to medical experts who can link asbestos exposure to mesothelioma. Asbestos attorneys are also familiarized with the numerous state laws and regulations which affect claims. An experienced asbestos lawyer will provide clients with a free, no-obligation consultation and determine the best option for their individual circumstances.

Asbestos-related victims could receive financial compensation for medical expenses, lost wages, home care costs loss of quality of life funeral and burial costs in the event that a loved one dies from an asbestos-related illness, and pain and suffering. A settlement or a jury verdict could award compensation to help the victims and their families get the medical treatment they require to stay healthy.

Companies who used asbestos in the production of their products were aware of the link to certain diseases such as mesothelioma as early as the 1950s, but continued to use it up until the 1970s. The companies that used asbestos should be accountable for the harm that victims and their families.

An asbestos lawyer with years of experience can assist families and victims file a suit against the company that is responsible for their exposure to asbestos. They can also assist with the process of obtaining the payment of asbestos trust funds, even if companies responsible for their exposure have gone out of business. Asbestos lawyers can help victims understand their options for compensation like filing for workers' compensation and personal injury lawsuits.

A reputable asbestos attorney must have an established track record of winning cases. This includes recent victories, substantial settlements and verdicts from jury trials. Asbestos lawyers must be aware of the laws of different states, since many asbestos victims hail from various areas of the country and have worked for companies that were internationally or nationally. A national network of resources is essential for asbestos attorneys to help their clients' claims.

Specialized Firms

Asbestos law firms that specialize in mesothelioma litigation have a deep understanding of how laws in the state impact asbestos-related lawsuits. This knowledge allows them expedite the process to ensure that the victims receive the compensation to which they are entitled. They can also ensure that the lawsuit is filed within the appropriate time frame. Top mesothelioma lawyers know how to collaborate with asbestos firms both nationally and locally to ensure that their clients receive the maximum compensation.

Asbestos lawyers should be skilled negotiators as well as strategists, in addition to trial lawyers. They often negotiate substantial settlements on behalf of their clients. They also advocate in court for patients to secure mesothelioma judgements that hold negligent asbestos firms accountable. To maximize the compensation their clients receive mesothelioma lawyers must be knowledgeable of federal and state asbestos statutes of limitations, which vary by state.

The best mesothelioma attorneys have a track record of success in both state and federal courts. They have extensive experience dealing with complex personal injury and commercial litigation cases, including toxic tort. These types of lawsuits typically involve multiple defendants, as well as a diverse group plaintiffs, each with their own backgrounds, experiences and needs.

The most effective mesothelioma lawyer lawyers have years of trial experience as well as a thorough knowledge of asbestos litigation. They understand how to navigate complicated federal and state laws that govern asbestos claims, such as the Fair Labor Standards Act, the Employee Retirement Income Security Act (ERISA) and other occupational safety and health regulations.

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 firm that is nationwide will have experience filing mesothelioma lawsuits in multiple jurisdictions and will be capable of providing asbestos victims with a comprehensive legal plan that maximizes their compensation.

The mesothelioma attorneys at McGivney, Kluger & Clark LLP have worked hard to defend asbestos-related clients in litigation for decades. Their extensive experience includes work before federal appellate, supreme, and courts. They have contributed to the defense of asbestos litigation by advocating for transparency in bankruptcy trusts, establishing statutes of limitations in a variety of states, and also introducing new legal theories.

Time Limits

A wide variety of personal injury cases have a statute of limitation or a time limit to make a claim. These laws vary by state, but they can impact a person's legal rights if not adhered to. An asbestos lawyer can help victims meet deadlines and determine if they have time to bring a lawsuit.

Asbestos cases have distinct time limits because of the latency period associated with mesothelioma and other asbestos-related diseases. Mesothelioma patients might not exhibit symptoms or be diagnosed until decades after their initial exposure to asbestos. Due to this, the statute of limitations does not begin to run until the victim was injured or exposed - it starts when they are diagnosed with an asbestos-related illness.

This can cause problems in asbestos litigation, especially when a plaintiff files multiple claims against different defendants. Typically, the statute of limitations will be based on a myriad of factors, including when the symptoms started, why and when the victim quit working, the place they worked and lived and where they received their treatment. These variables can also affect the length of the legal clock, as some states have shorter deadlines.

Furthermore, if a person suffers from a second asbestos-related illness after settling their original condition then the law considers it as a new injury, and a new statute of limitations is applied. This may allow plaintiffs to sue the defendants they previously reached settlements with for other conditions like lung cancer, even though the previous settlement was limited to only covering asbestosis-related injuries.

The same applies to the wrongful death lawsuits that are filed by family members of mesothelioma victims who have passed away or other asbestos-related diseases. Top mesothelioma lawyers will know the rules of wrongful-death suits and can ensure that the claim is filed before the statute of limitations runs out. The family of the victim won't be able to receive compensation if a lawsuit isn’t filed before the statute expires. This includes reimbursement for medical bills and income loss and the pain and suffering that comes with an asbestos-related illness.