Attorney Asbestos Cases: Building a Strong Legal Strategy for Mesothelioma

Posted on‍

November 27, 2024

by

Daniel Braverman

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$30 Billion Remaining in Trust Funds

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Mesothelioma is a devastating cancer primarily caused by asbestos exposure. This rare but aggressive disease often stems from prolonged exposure to asbestos in industries like construction, shipbuilding, and manufacturing. Tragically, many individuals affected by mesothelioma were unaware of the dangers they faced until decades later when symptoms began to emerge. Working with an asbestos attorney can make all the difference in securing compensation. Asbestos attorneys specialize in holding negligent parties accountable and ensuring victims and their families receive the financial support they deserve.

How Attorneys Build Mesothelioma Cases

Mesothelioma cases are intricate, requiring attorneys to piece together decades-old evidence and build a compelling case for compensation. Here’s how skilled asbestos attorneys approach these cases:

Investigating the Exposure Timeline and Sources

The first step in any mesothelioma case is identifying when and where the asbestos exposure occurred. Attorneys meticulously examine work histories, job sites, and industry records to uncover exposure points. This investigation often involves collaboration with experts who understand historical asbestos use in specific industries.

Gathering Evidence, Including Medical Records and Expert Testimony

Evidence is the backbone of any mesothelioma claim. Attorneys collect medical records that confirm the diagnosis and demonstrate the link between asbestos exposure and the disease. They also work with medical and occupational health experts to provide testimony that strengthens the case.

Filing Claims Within State Deadlines

Every state has a statute of limitations for filing mesothelioma lawsuits. Attorneys ensure claims are filed within these deadlines, preserving the victim’s right to pursue compensation. Filing late can result in a case being dismissed, making timely legal action critical.

Key Legal Strategies in Asbestos Cases

Mesothelioma attorneys use a variety of strategies to maximize compensation for their clients. These approaches depend on the specifics of the case and the available legal avenues.

Pursuing Compensation Through Asbestos Trust Funds

Many companies responsible for asbestos exposure have filed for bankruptcy and established trust funds to compensate victims. Attorneys help clients navigate the trust fund claims process, ensuring all required documentation is submitted to secure a payout.

Building Strong Negligence Cases Against Manufacturers

When asbestos manufacturers or suppliers are still in business, attorneys may file lawsuits directly against these companies. These cases often focus on proving negligence, showing that the company failed to warn workers about the dangers of asbestos despite knowing the risks.

Leveraging Settlements Versus Going to Trial

In many cases, defendants prefer to settle rather than risk a costly trial. Experienced asbestos attorneys weigh the benefits of a settlement against the potential outcome of a trial to determine the best course of action for their clients. While settlements can provide quicker compensation, going to trial may yield higher payouts in some cases.

Common Challenges in Mesothelioma Cases

Mesothelioma cases are uniquely challenging due to the nature of the disease and the complexities of asbestos litigation. Attorneys must overcome several hurdles to build a strong case.

Long Latency Periods for Symptoms

Mesothelioma has a long latency period, often taking 20 to 50 years to develop after exposure. This delay makes it difficult to pinpoint when and where the exposure occurred, requiring thorough investigation and expertise.

Identifying Responsible Parties After Decades

In many cases, the companies responsible for asbestos exposure no longer exist. Attorneys must trace the chain of liability, identifying successor companies, manufacturers, or trust funds that can be held accountable.

Navigating Multiple State Jurisdictions

Asbestos exposure often spans multiple states, especially for workers in industries like shipbuilding or transportation. Attorneys must navigate the jurisdictional complexities of filing claims in the appropriate states to maximize compensation.

Why Choose an Experienced Asbestos Attorney?

Choosing the right asbestos attorney can significantly impact the outcome of your case. Mesothelioma litigation requires specialized knowledge and resources that only experienced attorneys can provide.

Expertise in Handling Mesothelioma Claims

Experienced asbestos attorneys have a deep understanding of the legal and medical aspects of mesothelioma cases. They know how to gather evidence, work with experts, and counter the tactics of defense teams to build a strong claim.

Maximizing Compensation for Victims and Families

A skilled asbestos attorney ensures that all potential sources of compensation are explored, from trust funds to personal injury lawsuits. They fight to secure not only medical costs and lost wages but also compensation for pain, suffering, and the emotional toll on families.

Get a Free Case Review with Braver Law

At Braver Law, we understand the life-altering impact of mesothelioma on victims and their loved ones. Our team of dedicated asbestos attorneys has the experience and compassion needed to guide you through this challenging time. We are committed to securing the justice and compensation you deserve.

Contact us today for a free, no-obligation case review. Let us review your case, answer your questions, and help you take the first step toward holding negligent parties accountable.

FAQ

What Kind of Compensation Can I Expect?

Compensation varies depending on the specifics of your case. Victims may receive payouts for medical expenses, lost income, pain and suffering, and wrongful death. Trust fund claims, settlements, and trial verdicts can result in six- or seven-figure awards.

How Long Does a Mesothelioma Lawsuit Take?

The timeline for mesothelioma lawsuits depends on the complexity of the case and whether it goes to trial. Some claims settle in a few months, while others may take over a year. Attorneys prioritize expedited proceedings for seriously ill clients.

Can Family Members File a Claim on Behalf of a Victim?

Yes, family members can file claims on behalf of a loved one who has passed away or is too ill to pursue a case. Wrongful death claims allow families to seek compensation for their loss and the financial impact of the victim’s illness.

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We've recovered $100+ million in compensation for clients nationwide. Find fair compensation and file a claim, with first payment in as little as 90 days.

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Get the Compensation You Deserve

Our VA-accredited lawyers have recovered $100+ million in compensation for clients nationwide. We help veterans file claims, with first payment in as little as 90 days.

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Get the Compensation You Deserve

Our lawyers have recovered $100+ million in compensation for clients nationwide. We file claims with with no upfront costs and a free case review.

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Diagnosed with Mesothelioma or Lung Cancer?

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"If you have lung cancer or mesothelioma, don’t assume that you do not have a case. Go ahead and contact Braver Law. They know exactly what needs to be done to win your case."

- Osvaldo P , Miami, FL

You May be Entitled to Financial Compensation

$30 Billion Remaining in Trust Funds

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