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Why are asbestos cases so complicated?

Any lawsuit stemming from a serious injury or wrongful death has the potential to be very frustrating. The legal system itself can be much more complicated and slow-moving than people expect and there are many intricacies of the law that people without a legal background can find intimidating and overwhelming.

Cases involving asbestos exposure can be particularly complex and anyone considering filing a claim can be hesitant to do so because of certain factors. However, there are ways to handle, minimize or even avoid some of these factors with the help of an attorney.

  • Timing: Because asbestos-related illnesses like mesothelioma are aggressive and often discovered after they have done considerable damage, people may only have weeks or months to live after being diagnosed. The prospect of a lengthy trial can prove to be daunting for people in this situation. However, an attorney can help victims and their family members avoid costly legal mistakes or pursue a satisfactory settlement without going to trial.
  • Establishing fault: Making the connection to the source of exposure can be challenging because it often happened decades ago. Since then, companies have gone out of business or destroyed critical documentation which can make it very difficult to find the necessary information and evidence. However, lawyers with experience in asbestos claims are familiar with these obstacles and can get over them by knowing where to look.
  • Collecting compensation: As mentioned above, many companies responsible for negligent asbestos exposure have since gone out of business, declared bankruptcy or been bought by another company. This can make it difficult to collect full or even meaningful compensation. This is why lawsuits typically name several parties in a claim, and an attorney can determine if adding additional parties to a suit will be appropriate.

While it is clear that wrongful death claims stemming from asbestos exposure can be some of the more challenging types of personal injury lawsuits, there have been and will continue to be several successful cases that end with victims and their families receiving the compensation they need and deserve.

To learn more about our firm and how we can help people in and around North Carolina with questions about wrongful death and asbestos, please visit our website.

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