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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

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The Law Offices of Wallace & Graham

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Salisbury, NC 28144

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