Wallace & Graham, P.A.
Helping Asbestos & Mesothelioma Victims Nationwide
Call For A Free Consultation 888-698-9975

Don't lose heart if your case is initially unsuccessful

The legal process of seeking damages for illnesses or deaths caused by asbestos can be very complicated. It often requires extensive research and gathering of medical and employment records, and that's all before a case even reaches the courtroom.

The truth is that asbestos litigation takes time and work. Thankfully, victims and their families don't have to go through this process alone: They can work with an attorney in North Carolina who can prove to be a crucial ally in the fight for compensation. Having the guidance and support of an attorney can be essential, particularly if a case doesn't initially go as expected. In the event that an asbestos claim is dismissed, an attorney can help victims seek an appeal and more satisfactory outcome.

Filing an appeal is something that happens in many asbestos lawsuits. It is a way to challenge a lower court's ruling if there is reason to believe that mistakes were made or certain pieces of information were overlooked.

For example, one case was recently appealed after a judge dismissed a claim involving the wrongful death of a man who worked on ships for several years. During that time, the lawsuit claimed, he was exposed to asbestos on the ships and the suit named a contractor as the negligent party.

Initially, a judge dismissed the claim and stated that there was not enough evidence to suggest that the man worked on ships that contained asbestos. An appeal was filed and a panel of two judges revisited the evidence presented and determined that there was, in fact, enough information tying the man's illness to asbestos on the ships and the case was reinstated.

This is just one example of how effective it can be to pursue an appeal. While it can extend the legal process, filing an appeal can help victims and their families seek the desired outcome if it is not initially secured.

Source: New Jersey Law Journal, "Ship Worker's Asbestos Case Reinstated on Appeal," Mary Pat Gallagher, March 5, 2015

No Comments

Leave a comment
Comment Information

No Matter Where You Are, We're Here For You

Based in North Carolina, Wallace & Graham, P.A. represents clients nationwide. Call 888-698-9975, or contact us online for a free case evaluation. Our skilled and caring attorneys will explain your rights and fight for the justice you deserve.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.

The Law Offices of Wallace & Graham

525 N. Main Street
Salisbury, NC 28144

Toll Free: 888-698-9975
Fax: 704-633-9434
Salisbury Law Office Map