What Is Asbestos Law?
Asbestos litigation is an incredibly broad and complex field. Specialized attorneys work with victims to determine the best path for filing a claim.
Behind the scenes, a team of medical professionals, industry experts, investigators and paralegals build a strong case against asbestos companies.
Some asbestos lawsuits are carried out in court. In most cases, they are settled before the case goes to trial. Other claims are processed through asbestos trust funds established by large corporations. An accredited asbestos attorney will recommend the best course of action.
Who Practices Asbestos Law?
Most qualified asbestos lawyers have practiced civil law for many years. After honing their courtroom skills and mastering the legal system, some choose to specialize in asbestos law. They then spend additional years learning about wrongful asbestos exposure, why asbestos makes people sick and how to litigate a claim.
The best asbestos lawyers work at firms equipped with the necessary resources to pursue a lawsuit.
In addition to expert attorneys, firms work directly with the following professionals:
- Medical Experts: Doctors and other healthcare professionals evaluate the claim from a medical perspective to advise the legal team and provide evidence in court.
- Investigators: Skilled legal investigators help the attorney find evidence of exposure and other facts needed to build a successful claim.
- Industry Experts: People with an in-depth knowledge of the victim’s former occupation provide evidence and testimony of how the industry put workers at risk.
- Skilled Paralegals: Preparing a successful lawsuit requires countless hours of work. Accredited asbestos lawyers work with a talented team of paralegals and other skilled individuals.
Mesothelioma Justice Network Brief
Asbestos attorneys understand the pain and hardship that victims and their families endure. They are compassionate people who have their client’s best interests at heart and work to earn them the compensation they deserve.
Asbestos litigation requires extensive knowledge to file a successful claim. Attorneys must know exactly what evidence is needed to build a strong case and have a team of experts and investigators on hand to collect it.
Regular lawyers lack the years of training and experience necessary to work with victims of wrongful asbestos exposure compared to experienced professionals.
The legal landscape for asbestos law is constantly changing. The only way for attorneys to remain knowledgeable about new laws and procedures is to closely focus on asbestos law.
As some states make receiving damages more difficult, specialized asbestos lawyers are a plaintiff’s best asset for seeking compensation.
Why Asbestos Litigation Requires Specialization
There are many levels of asbestos litigation—each one requiring specialized knowledge and resources. From proving wrongful asbestos exposure to adhering to statutes of limitations, asbestos law requires a high level of specialization.
Proving Occupational Exposure
To build a strong personal injury or wrongful death lawsuit, lawyers must prove that the victim was exposed to asbestos on the job. Sometimes plaintiffs might not know which worksite made them sick. In other situations, plaintiffs might be certain where and when they were exposed but lack proof.
An expert law firm has the know-how to collect the necessary evidence.
Navigating Bankruptcy Trust Funds
Depending on the case, an attorney may advise victims to file a bankruptcy trust fund claim. These funds are established by big companies to ensure future plaintiffs receive compensation for years to come. Some victims may be entitled to receive compensation from multiple companies.
An expert asbestos attorney knows how to file claims for best possible results.
Preparing a Successful Claim
Making a strong case is essential for victims to receive damages. Lawyers must identify which employers, job sites and products wrongfully exposed workers to asbestos while collecting evidence along the way.
Lawyers must then clearly prove the connection between asbestos exposure and resulting illness. Most lawsuits are settled out of court. If the case does go to trial, a qualified attorney will have paperwork evidence already prepared and experts at the ready to provide testimony.
The stronger the claim, the more power for your lawyer to negotiate a worthy settlement.
Adhering to State Laws
Every state has unique laws surrounding asbestos litigation, and attorneys must be knowledgeable and up-to-date with the state’s legal system. For example, the statutes of limitations in some states require plaintiffs to file a claim within one year of their diagnosis while other states allow several years.
Mesothelioma Justice Network Brief
The amount of paperwork and background information needed to submit a claim varies state-by-state. Some states that process a high number of lawsuits require claims to meet greater protocols. An accredited asbestos lawyer knows how to satisfy the court’s criteria.
In addition to these specialized elements, asbestos lawyers face the added challenge of having to work very quickly. Many victims are not diagnosed until the disease has advanced to later stages, sometimes leaving them with only months to live.A skilled attorney has the experience and support team to negotiate a deserving settlement in as little time as possible.
Asbestos Lawyers Specializations
Attorneys who practice asbestos law possess a wide range of specializations. Some are general asbestos attorneys who file claims of any nature, while others focus on particular areas of asbestos law.
Asbestos lawyers may have one or more of the following specializations:
- Medical Discovery: Attorneys and law firms that specialize in identifying where the victim was exposed to asbestos while collecting evidence to support a claim.
- Occupational Exposure: Most asbestos exposure happens in the workplace, and some attorneys take a special interest in bringing the biggest commercial and industrial violators to justice.
- Mesothelioma: While there are several types of asbestos-related diseases, some attorneys work solely with mesothelioma patients and are expert in that field.
- Military Asbestos Exposure: Americans who were exposed to asbestos while serving their country can work with a specialized lawyer to pursue Veterans Affairs benefits.
Working With an Asbestos Lawyer
Working with an asbestos attorney is the best way for victims to receive compensation for wrongful exposure. Most importantly, it is difficult for victims to file a lawsuit without the resources and expertise of a law firm at their side.
Victims and their families should not have to bear the financial burden of wrongful asbestos exposure resulting in illness. Working with a specialized attorney can provide peace of mind for the years to come. Accredited asbestos attorneys will not charge their clients unless they have successfully negotiated a settlement.
If you or a loved one has been diagnosed with an asbestos-related disease, contact our Justice Support Team today to learn more about the legal options available to you.