Wednesday, January 16, 2008

Asbestos Attorney - Legal Advice on Cancer and Mesothelioma Settlement

Asbestos Attorney - Legal Advice on Cancer and Mesothelioma Settlement by Nathalie Fiset

It takes decades, somewhere between 20 to 30 years, before mesothelioma or any asbestos-related cancer develops. This is because it takes time before the asbestos fiber to really cause damage in the lungs, the abdominal cavity or any parts of the body where there is a large presence of asbestos fiber. Thus, people, usually men, who have worked in settings like shipyards, industrial plants and construction sites only find that they have cancer after ten or twenty years of waiting. Worst comes to worst, they do not even discover their sickness at all, until several days before they die.

Once you have contracted mesothelioma or any asbestos-related disease, it is best to seek professional advice on how to fairly compensate the damages, and injuries that you incur with regards to exposure. Normally, victims file for personal injury cases against the known person/s or company /ies who were instrumental in the exposure of the people involved.

For example, people who have worked in asbestos mines will almost always file a case against the company who owns the mines. However, this must be proven substantially and there should be strong evidences that leads to the name of the company or the body of people responsible for the injuries.

The investigation is quite tedious as the evidence goes back some decades ago and might even involve other people as witnesses. If there are strong claims and evidence then it is a great possibility of winning the case. But since the trial will be a very long and very expensive process, many parties opt for settlement. Thus, the majority of cases do not even reach the actual due process since they are already cut off at the very beginning of the trial with a mutually agreed settlement.

Of course, victims have their options in filing the case. They may choose to file it themselves with or without an attorney, file the case as a group or file an individual case through an attorney. The best option, obviously, is to file a mesothelioma or asbestos cancer case with a reputable attorney or as a group with the backing of an attorney. Lawyers, of course, are learned in the system of the law and they are the once who can bring to the court the victim's case.

Also, remember that the field of law is a complex system where only experts can maneuver. It is also subject to continuous change. For example, some companies are protected by the courts against individual asbestos or mesothelioma claims. It is only inevitable for one to find a lawyer who would work the victim's case.

And in the case of personal injury attorneys, they will file the case and go into the trial or settlement without the victim having to spend any out-of-pocket expenses. Personal injury attorneys, as some of you know, only get their stipend through a contingency basis.
If you want to know your best options, it is advisable to immediately raise your case with a reputable personal case injury attorney or firm who will maximize the possibility of rendering you a fair compensation, either through a complete trial or through settlement.
If you opt for trial, expect several months of constant court hearings where every hearing is a different story. If you think you can't handle this form of stress, it is best to talk with your attorney of the possibility of settlement.

If you choose to have a settlement however, you may have a lower chance of losing. Take note that some companies who have previous cases of asbestos-related claims are more experienced in winning (and sometimes) losing their trials. This is why it is best to know what are the possibilities of both losing and winning the case. The amount of settlement is often as much as those that might come out at the end of a full trial. But considering everything that is saved from not continuing the court trials, for example the expense on research, the settlement is substantially worth it. Besides, personal injury claims normally have high settlement rates.
Before you take your personal action, the best thing you could do initially is to research for a lawyer who really makes strong cases. This is because of the qualifications for the value of settlement includes the reputation of the lawyer. After which, decide how you want things to end, do you want a settlement or a full trial?

Asbestos Attorney Litigation Techniques

Asbestos Attorney Litigation Techniques by Eddie Tobey

Asbestos is a strong, incombustible, naturally occurring fibrous and silicate mineral used widely in insulation and manufacturing industry. It has great strength, chemical and thermal stability. Three types of asbestos found are chrysotile, amosite and crocidolite. Manufacturing processes leave behind small and buoyant fibers near chemical factories using asbestos. Workers are constantly exposed to such wastes and constantly inhale or swallow these near invisible fibers. A number of serious diseases are caused by inhaling these fibers such as mesothelioma and other kinds of chronic lung diseases.

Mesothelioma is defined as a type of cancer that affects mesothelial cells that are found in linings of internal organs in the human body. A doctor who was conducting an autopsy for lung disfiguration accidentally discovered presence of these fibers. Initial diagnosis paved the way for further research by other doctors leading to discovery of this dreadful disease. This disease was mainly diagnosed in factory workers and miners and factory owners were held responsible for failing to detect its harmful effects.

Asbestos has now been identified as a hazardous substance that endangers human health. Numerous legal provisions have been incorporated to protect interests of workers. America has not banned asbestos completely but has laid down guidelines and laws to protect workers from being afflicted by such diseases. Mesothelioma is not detected in its earlier stages and is diagnosed only in its later stages. This makes it increasingly difficult for law firms to prove their case in spite of prescribed government guidelines.

Workers now have the right to take their factory to court and file a case against them with help of asbestos attorneys who specialize in these kinds of court cases. Such lawyers could be attached to a specific law firm or may operate on their own. They often have the expertise and background knowledge of all such asbestos related cases and are in a better position to fight these cases in the court of law than ordinary lawyers. Dedicated teams of lawyers work together to protect the rights of the affected people and help in securing necessary compensation. These attorneys apply different litigation techniques to fight such cases in the court of law.