Any kind of litigation can be a minefield to negotiate and if you are pitted against a powerful or influential opponent such as a big business or special interest entity, you will need all the guidance you can get to maximize your chances of a good outcome. Thankfully there are attorneys that specialize in ensuring that you receive what you are entitled to whatever the intricacies of your case.
Mesothelioma is an aggressive form of cancer that develops in the lining of the lungs, abdomen, or heart and is typically caused by exposure to asbestos. According to a 2017 report by the Centers for Disease Control, 2,400 – 2,800 people are diagnosed with mesothelioma in the United States each year. Those affected can also include family members who are exposed to the fibers that are carried home on the clothes of those who have been exposed first hand.
Fortunately, there are a number of avenues available to explore for those seeking compensation, and a skilled mesothelioma attorney can guide you through them. Included amongst the factors to be considered with your attorney might be;
Have any previous claims been made?
Companies that have already paid out on a settlement have no obligation to do so more than once - but it’s possible that family members can bring actions against related firms that have not settled.
Relation to victim
Typically, only a spouse, immediate family member, or a dependent of a person who passed away from mesothelioma is able to file for compensation although this varies state to state.
Statute of limitations
Mesothelioma wrongful death cases need to be filed by 1-3 years after a patient’s death. This again is variable depending on region.
With respect to the above, even if you fall foul of one or more of the criteria, it is still worth talking to an experienced and successful mesothelioma attorney as they might be able to find an issue that is specific to your case that could make a claim possible.
Personal Injury is a legal area that covers everything from medical malpractice, work-related accidents, defective products, boating accidents, dog bites and even handling explosives. This is an area of litigation where the quality and experience of your representation can have a particularly major influence on the outcome of any compensation you are awarded.
Negligence is a significant factor in many cases, meaning the plaintiff must prove that the defendant failed to provide legal duty of care. A good personal injury attorney has to be able to plead a case to the plaintiff’s satisfaction and the jury’s comprehension, not an easy task and often made even harder if the defendant is a large corporate organization with the means and inclination to bury or even ignore the claim.
In very severe cases involving permanent loss of limb use, or wrongful death, it is very important to ensure that you have the best possible representation with the expertise to support and guide you through the harrowing and treacherous legal minefield. Financially motivated defendants can take advantage of an occasion that is often intimidating and disorientating for a plaintiff, and a top attorney will help to prevent you being taken advantage of.
Workers' compensation insurance provides financial benefits and/or medical care for workers who are injured or become ill as a direct result of their job. Employers are obligated to pay the premiums to cover each member of staff they employ.
An attorney that specializes in workers’ compensation can advocate on your behalf if the employer or insurance carrier disputes your claim - as no cash benefits will be paid until the workers' compensation law judge decides which party is right. If you are not receiving benefits because the employer or insurance carrier is arguing that the injury is not job-related, you may be eligible for disability benefits in the meantime - your attorney can guide you in this. If you can return to work but your injury prevents you from earning the same wages you once did, you may be entitled to a benefit that will make up two-thirds of the difference.
Attorneys specializing in this field represent you if you are in a business dispute and the matter can’t be resolved through the normal negotiation or arbitration channels. Areas where business litigation attorneys are routinely called upon to advocate in disputes can include:
Finances and Investments - has a broker acted in a client’s best interest?
- Intellectual Property Ownership
- Breach of Fiduciary Duty - for example a case where a partner is alleged to have not acted in good faith and with the company interest in mind, meaning the other partners can try to mitigate against any losses for themselves and the business.
- Insurance Disputes - if commercial insurance companies undervalue or deny a fair claim, then businesses, (particularly small ones), can recover the amount they are entitled to using business litigation.
Insurance Law practice has three areas of focus: insurance coverage, insurance defense litigation, and insurance compliance. A typical situation could see you seeking to recover expenses related to an incident and the insurance provider questioning whether your policy is liable to cover your claim.
Insurance coverage cases tend to focus on the language of the policy and take into account historical precedent for claims in a particular area. In the aftermath of Hurricane Katrina, for example, it has become increasingly commonplace for flood exclusions and related provisions in homeowners and commercial policies to be challenged vigorously in the courts. This is an ever evolving sector of law and it is important that your attorney have a good track record and be fully up to speed with recent legislative outcomes in your claim area.
If you or a loved one is involved in an employment law dispute, it's in your best interest to consult with an employment law attorney immediately. Since employment law is such a broad area, lawyers typically specialize in one or a few aspects of practice. It's therefore important for you to seek out an attorney who is experienced in the relevant area of the law that affects you.
For example, if you feel that you've been the victim of workplace discrimination, you should seek out an attorney who has a proven track record in handling the type of discrimination claim you aiming to bring. On the other hand, if you're looking to appeal a workers' compensation decision, you should find an attorney who is well versed in the complex administrative procedures involved in workers' compensation law. A good attorney will use a steady hand to navigate your case through the myriad of legal maneuvers that can be deployed against you by the defendants in cases of this type.
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