The Complexities of a Mesothelioma Lawsuit Maryland Attorneys File
There are a variety of reasons that a mesothelioma lawsuit is difficult to pursue, making it all the more important to contact an asbestos law firm with experience to manage your case. The following are some of the reasons an asbestos case may be more complex:
Proving the Case
- There can be a long latency period from the time of exposure until asbestos disease or asbestosis develops. Lung cancer or mesothelioma can occur following a long period with asbestos disease.
Mesothelioma, a type of cancer, can develop some 25 to 30 years after exposure to asbestos.
- What can be challenging is that you will need to prove your mesothelioma lawsuit by pulling from historical facts and evidence which will require gathering decades old documentation and locating witnesses.
- A Maryland law firm that works with asbestos cases on a regular basis will use employees who may have been exposed to asbestos and may keep historical records that relate to different job sites where asbestos was used.
- It can be an arduous process to prove exposure to materials that contain asbestos. An experienced law firm will know which questions to ask and various sources of information to help demonstrate exposures over time.
Proving that a person has been exposed to asbestos will require that you prove your case, you may do this by:- Expert witnesses
- Confirmation of diagnosis
- Linking the development of the disease to exposure historically
- A Maryland attorney will be able to gather the appropriate information from each expert witness and be adequately prepared to cross examine the opinions of experts used by the opposing side.
Bankruptcy Trust
In 1982, Johns Manville was the first to file for bankruptcy protection. Over the past two decades, bankruptcy protection from mesothelioma lawsuits have been filed by many companies that manufacture asbestos products.
This resulted in companies establishing bankruptcy trusts, an experienced law firm will be important when it comes to navigating the complexities of bankruptcy trusts and prosecuting claims through them.
There can be more work when dealing with a bankrupt company and a company that has not filed for bankruptcy because often a non bankrupt company will blame the defunct company rather than share in the liability.
A mesothelioma attorney who has experience should handle the complexities of a mesothelioma lawsuit Maryland victims file. This is because an attorney must be able to counter defenses brought forth by asbestos distributors and manufacturers, which will mean substantial legal briefings and careful case preparations.
Mesothelioma Lawsuit Maryland
Exposure to asbestos is an awful and highly preventable occurrence — one that could lead to you being part of a mesothelioma lawsuit Maryland lawyers are pursuing for clients. Were you diagnosed with mesothelioma due to occupational asbestos exposure? If so, it may benefit you and your family to explore your legal options and to look for an attorney experienced with such cases.
When seeking to hold your company or another company liable for your exposure, the following tips can help you determine what to look for in an attorney. The right lawyer may better guide you as you seek compensation through a Maryland mesothelioma lawsuit.
Do research.
When filing a mesothelioma lawsuit Maryland workers are encouraged to consider hiring legal representation. When looking into who might best serve your case in the area, you will have numerous options. It’s important to be diligent in researching the experience of the attorneys you have in mind. Mesothelioma often has devastating results, and a lawyer who has worked through a mesothelioma lawsuit in Maryland before may be in a better position to obtain the compensation you and your family deserve.
Choose an attorney who is the right fit for you.
Every lawyer is unique, as is every mesothelioma lawsuit Maryland attorneys decide to take. It’s key that you choose an attorney with whom you are comfortable. Because your case might be prolonged, and because you should have regular contact with your attorney’s legal team, building a strong relationship should be the next step after selecting representation. You and your family will want to be able to trust and respect your attorney.
Look into past outcomes.
Has your potential attorney had another mesothelioma lawsuit that was settled out of court? You should look into his or her record and find out how many cases were settled as such, compared to how many ended up going to trial. There are advantages to both processes, and knowing the attorney’s tendencies can help you decide if he or she is a good fit for your needs. Some people are interested in obtaining financial compensation quickly, in which case settlements are preferable; others would rather go to trial and increase the potential damages they may receive.
You should also look for a track record of success with the law firm you ultimately choose. Though every mesothelioma lawsuit Maryland victims file is different, looking at the general trajectory of the firm and of a specific attorney may guide your decision in the right direction. A trend of beneficial outcomes for clients suffering from occupational asbestos exposure is what you want to find.
Whatever you decide, you should be certain that your attorney will serve the best interests of you and your family. Brown Kiely is a law firm whose lawyers are experienced in asbestos exposure cases, and we may help you work through your options. Contact us to start filing a mesothelioma lawsuit Maryland residents, including you, could benefit from as soon as possible.
What is my mesothelioma case worth?
It is difficult to estimate the value of a single mesothelioma case. As with any successful personal injury claim, your potential damages will depend on a variety of factors. To understand what your mesothelioma case is potentially worth, you’ll want to speak with Maryland mesothelioma lawsuit professionals about the details of your case. When processing your circumstances, the attorneys at Brown Kiely, LLP will consider a number of factors, including the following:
- Your Exposure to Asbestos – There is a link between the amount of asbestos you’ve been exposed to and your risk for developing mesothelioma. How much you were exposed to, and for how long, will almost certainly be assessed when Maryland mesothelioma lawsuit attorneys seek to determine what your case is potentially worth.
- Your Economic Losses – Mesothelioma is a costly medical condition and typically does not allow the affected person to continue to work. Debt and financial hardship is often a factor that will be considered by a mesothelioma lawyer.
- Your Medical Expenses – Medical bills can quickly accumulate. The cost of your medical treatment may be carefully considered and should affect the potential value of your case.
Your Legal Options
Every mesothelioma case is different. The direct economic losses associated with the harm you have suffered and additional challenges that your condition has caused will impact the potential value of your case. Variables that may be assessed when constructing your Maryland mesothelioma lawsuit include:
- Your occupation
- Employers’ negligence or liability
- The type of mesothelioma
- Your marital status
- Whether there are minor children in the household
- Your loss of income or lost earnings
- Your age now and your age at the diagnosis
- Your loss of a pension
- Pain and suffering
- The amount of asbestos you were exposed to
In addition to the above, there will be concerns regarding the overall impact that your medical condition has had on you and your family. As a general rule of thumb, the more severe the impact is, the more compensation you may be able to recover.
You Should Have a Mesothelioma Lawyer On Your Side
Maryland mesothelioma lawsuits are unique and should not be pursued without the assistance of an experienced attorney. Once you decide to file a claim, it may ultimately be resolved in one of a few ways:
- Claim compensation from a mesothelioma trust
- Seek a settlement out of court, through negotiations (if the negligent party does not have a trust and/or has not filed for bankruptcy)
- Take the case to trial in hopes of receiving verdict in your favor (usually pursued when special factors apply)
Please do not hesitate to ask which of these avenues may be best for you and your family when you schedule your initial consultation.