Asbestos Attorneys

Asbestos attorneys specialize in pursuing compensation for those suffering of asbestos-related ailments. They can look over your medical history, work history, and other information to determine if you have been exposed to asbestos-related exposure.

Asbestos victims need to file claims within legal deadlines or risk missing the right to compensation. An experienced attorney can make sure that your claim is compliant with legal requirements.

Medical Expert Witnesses

Expert witness testimony by medical experts is an essential part of asbestos cases. The medical professionals give their opinion on whether the plaintiff is suffering from asbestos-related diseases, such as mesothelioma or lung cancer. Their conclusions are based upon the results of medical tests and other information including the victim's symptoms and the severity of their illness. These experts have generally provided evidence in dozens, or hundreds of cases, and they usually have a well-established reputation. This increases their credibility to the jury.

An experienced attorney has connections to these professionals and can help them build the strongest possible case for their clients. Asbestos lawyers may also have their databases of medical information and other details that they can use to support their clients their claims. They know how to find the most reliable sources of information and utilize them to construct a strong argument for their clients.

Asbestos lawyers typically work for national firms who handle mesothelioma cases on national basis. They will be familiar with local rules and courts in various jurisdictions and will be able file lawsuits in the correct state court system to get the best results for their clients.

In these cases, defendants must consider the qualifications of the plaintiff's expert witnesses, since they are likely to be facing Daubert or Frye challenges. They must ascertain if the experts are properly educated or trained to form their opinions, and if they are consistent. The defendants must also ensure that the expert witnesses accurately identify the sources of the information they are using and that those sources are authentic.

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

Asbestos victims in New York can seek compensation to cover medical expenses, lost wages as well as travel expenses, home care costs and funeral and burial expenses if they were exposed to asbestos and suffer from a disease such as mesothelioma, asbestosis or another type of respiratory disease. An expert asbestos lawyer can help victims and their families obtain a fair settlement or a verdict that gives financial peace of mind.

Experience

Asbestos attorneys understand how to construct a strong case that will assist victims in obtaining the amount of compensation they are entitled to. They have access to medical professionals who can link asbestos exposure to mesothelioma. Asbestos lawyers are also familiar with the different state laws and regulations that impact claims. A reputable asbestos lawyer will offer clients no-cost consultation and determine the best solution for their particular situation.

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

Companies that used asbestos in their products knew of its connection to certain diseases, such as mesothelioma, from the 1950s and continued use it until the 1970s. These companies must be held responsible for the harm suffered by 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 in seeking the payment of asbestos trust funds, even if companies responsible for their exposure have gone out of business. Asbestos lawyers can help victims understand the options available to them for compensation, like filing for workers' comp and personal injury lawsuits.

A reputable asbestos attorney must have a track record of successful cases. This includes recent wins, large settlements and verdicts from jury trials. Asbestos lawsuit lawyers should be aware of the laws of different states since many asbestos victims come from multiple regions and have worked for companies that operate nationally or internationally. A national network of resources is important for asbestos attorneys to help their clients' claims.

Specialized Firms

Asbestos law firms that specialize in mesothelioma cases have a deep understanding of the laws that apply to asbestos-related cases in the state. This understanding helps them speed up the case to ensure that victims receive the compensation they are entitled to. They can also make sure that the lawsuit is filed accordance with the correct deadline for filing. The best mesothelioma lawyers understand how to collaborate with asbestos firms both locally and nationally to ensure that their clients receive maximum compensation.

Asbestos lawyers must be skilled negotiators and strategists, in addition to trial attorneys. 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. To maximize the compensation of their clients mesothelioma lawyers must be familiarized with the asbestos laws in the federal and state legislatures, which vary between states.

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

In addition to their extensive trial experience, the best mesothelioma lawyers have an understanding of the intricacies of asbestos litigation. They are adept at navigating the complex federal and state laws governing asbestos lawsuit claims, such as the Fair Labor Standards Act (FLSA), the Employee Retirement Income Securities Act (ERISA), as well as various occupational safety and heath standards.

Many states require that asbestos litigators are licensed in multiple jurisdictions. This gives them an extensive experience in handling mesothelioma cases at both the national and state level. A firm with a nationwide presence has the experience of filing mesothelioma lawsuits across multiple jurisdictions and will be able to provide asbestos victims with a complete legal strategy that maximizes the amount of compensation they receive.

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

Time Limits

A variety of personal injury cases have a statute of limitations or a deadline to make a claim. These laws vary between states, but if they are not followed, it may impact a person's rights. An asbestos lawyer can assist victims meet deadlines and determine if they have time to file a lawsuit.

Asbestos cases have distinct time limits because of the latency period associated with mesothelioma, as well as other asbestos-related diseases. Mesothelioma victims may not experience symptoms or be diagnosed until years after their first exposure to asbestos. This is why the statute of limitations does not start to run when the victim was injured or exposed but rather when they are diagnosed with an asbestos compensation-related illness.

This can complicate asbestos lawsuits in particular when a claimant is able to file multiple claims against different defendants. The time limit for filing a claim will depend on many aspects, including when symptoms began, why and when an asbestos victim stopped working, their location of residence and work and the treatment they received. These factors may also affect the length of the legal clock, as certain states have shorter deadlines.

A plaintiff who suffers from another asbestos-related illness after settling their initial issue is considered to be suffering from a new injury and a new statute is in place. This can allow a plaintiff to sue the defendants they previously reached settlements with for other conditions such as lung cancer, even if their previous settlement was limited to only covering asbestosis-related damages.

The same is true for the wrongful death lawsuits that are filed by relatives of a deceased victim of mesothelioma or other asbestos-related diseases. A reputable mesothelioma lawyer will know the rules for lawsuits based on wrongful death in their respective states and will be able to ensure a claim is filed before the statute of limitations expires. If the lawsuit is not filed before the deadline for filing a lawsuit expires and the family of the victim will not be able to pursue compensation for their losses. This includes money to cover medical bills, lost income, as well as pain and suffering triggered by asbestos-related diseases.