Asbestos Attorneys

Asbestos lawyers are experts in pursuing compensation for victims of asbestos-related diseases. They can review your medical records, work history and other information to determine potential asbestos-related exposure sources.

Asbestos victims must file claims within legal deadlines, or risk losing the opportunity to receive compensation. A skilled attorney can ensure that your claim is compliant with legal requirements.

Medical Expert Witnesses

A key part of an asbestos case is medical expert witness testimony. Medical experts offer opinions on whether the plaintiff suffers from an asbestos-related illness, such as mesothelioma, or lung cancer. Their conclusions are based upon the results of medical tests as well as other information, such as the symptomatology of the patient and the severity of their condition. These experts have generally testified in dozens or even hundreds of cases, and often have a well-established reputation. This makes them more credible to the jury.

An experienced attorney has connections to these professionals, and can help build the strongest possible case for their client. Asbestos attorneys might also have databases of medical information and other information that they can use to prove their clients claim. They know how to locate the most reliable data and use it to create a convincing case for their clients.

Asbestos lawyers typically work for national firms that manage mesothelioma cases on a national basis. They will be knowledgeable of local laws and courts in various jurisdictions and will be able to bring lawsuits in the right state court system in order to obtain the best outcome for their clients.

In these cases, defendants must be aware of the qualifications of plaintiffs' expert witnesses, as they are likely to be facing Daubert or Frye challenges. They must determine if the expert witnesses have adequate education or training 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 precisely identify the source of the information they are using and that those sources are reliable.

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

Asbestos victims in New York can seek compensation to cover medical bills and lost wages and travel expenses, funeral and burial costs if they were exposed to asbestos and suffer from an illness like asbestosis, mesothelioma or another type of respiratory illness. An experienced asbestos lawyer can help victims and their families receive an equitable settlement or verdict that gives peace of mind for the financial aspect.

Experience

Asbestos lawyers know how to build a strong case to help victims get the compensation they deserve. They know how to determine asbestos exposure in the past and have access to medrnationally. A national network of resources is crucial for asbestos lawyers to back their clients' claims.

Specialized Firms

Asbestos law firms that specialize in mesothelioma litigation a deep knowledge of how state laws affect asbestos-related lawsuits. This allows them to expedite the case to ensure that victims receive the compensation they are entitled to. They can also ensure that the lawsuit is filed within the correct statute of limitations. The best mesothelioma lawyers know how to work with asbestos settlement companies both locally and nationally and ensure that their clients receive the maximum compensation.

Asbestos lawyers must be skilled negotiators and strategists, in addition to trial lawyers. They often negotiate large settlements for their clients. They also advocate for victims in court to secure mesothelioma verdicts which hold asbestos companies responsible for their negligence. To maximize the compensation their clients receive mesothelioma lawyers must be knowledgeable about federal and state asbestos statutes which differ from state to state.

The best mesothelioma lawyers have a track record of success in federal and state court. They have a wealth of experience in dealing with complex personal injury and commercial litigation cases, which includes toxic tort. These kinds of lawsuits usually involve multiple defendants and a variety of plaintiffs with varying backgrounds, experiences, and needs.

In addition to their extensive trial experience, the best mesothelioma lawyers are aware of the complexities of asbestos lawsuit litigation. They know how to navigate the complex 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 to be licensed in multiple jurisdictions, which gives them a wealth of experience processing mesothelioma cases at both the state and national levels. A nationwide firm has experience filing mesothelioma suits across different jurisdictions, and can offer asbestos victims an effective legal strategy to maximize their compensation.

Since the 1970s, mesothelioma lawyers at McGivney, Kluger & Clark LLP have been representing asbestos-related lawsuits for their clients. Their vast experience includes appearing before the federal, appellate and supreme courts. They have helped shape asbestos litigation defense by advocating transparency in bankruptcy trusts and creating statutes in a variety of states.

Time Limits

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

Asbestos cases have distinct time limits because of the latency period that is associated with mesothelioma and other asbestos-related diseases. Mesothelioma sufferers may not develop symptoms or receive a diagnosis until decades after their initial exposure to asbestos. Due to this, the statute of limitations does not begin to expire until the victim was injured or exposed but rather when they are diagnosed with an asbestos-related illness.

This can complicate asbestos lawsuits in particular when a claimant files multiple claims against several defendants. The time limit for filing a claim will depend on a variety aspects, including when the symptoms first started, and when an asbestos victim stopped working, their place of work and residence and the treatment they received. These factors may also affect the length of the statutory clock, since some states have shorter deadlines.

A plaintiff who develops another asbestos-related illness after settling their first issue is considered to have a new complication and a new statute of law applies. This may allow a person to sue defendants for different illnesses, like lung cancer, even if they have settled their case previously.

The same applies to wrongful death lawsuits, which are filed by the surviving family members or close friends of a person who has died from mesothelioma. The best mesothelioma lawyers know the rules for wrongful death suits and will ensure a claim is made before the statute expires. The victim's family will not be able to receive compensation if a lawsuit isn’t filed before the statute of limitations expires. This includes money to pay medical bills as well as lost income and pain and suffering caused by an asbestos-related illness.