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this pageGuide to Selecting an Asbestos Lawyer
When you or a member of your family is diagnosed with an asbestos–related injury, it may be the first time you have ever considered hiring an attorney. Choosing an experienced asbestos lawyer can provide priceless peace of mind during upcoming trying times when you are faced with medical treatments, bills, disability and other losses.
Lawyers vary widely in their approach. Many asbestos lawyers will offer an initial consultation after which they will be able to evaluate the strength of a case. While this prescreening can often be done over the phone, personal consultation is an important and useful tool to get to know the lawyer, the firm and the firm’s resources.
What questions should I ask when choosing an asbestos lawyer?
The initial asbestos lawyer–client consultation should be informative. As a client, you have a right to ask frank questions such as:
- How many asbestos and mesothelioma verdicts has the firm won?
- How often does the firm take cases to trial?
- How willing is the firm to fight for me and my case?
- How many of the firm’s asbestos lawyers are experienced trial attorneys?
- How many resources does the firm have onsite (physically and in computerized databases) to help me prove my case with its’ unique particulars (worksite exposures, asbestos product identification, scientific and medical depositions, etc.)?
- How many support staff, including trial paralegals, are employed by the firm?
- How long will it take to prepare and file the case?
- Will settlement be expected of some claims and how soon will these occur?
- How long will it take for the case to be brought to trial?
- What other support services can the firm provide, such as estate planning, will or living trust preparation and probate?
Many of the largest manufacturers and distributors of asbestos products knew of the health risks caused by asbestos in the 1930s and 40s. Instead of working to solve these problems, educating the public about the dangers of asbestos, and finding other reasonable substitutes, asbestos industry enterprises actually concealed evidence that asbestos products were harmful. Because of corporate concealment, many people remain unaware of the hazards that asbestos–related products still pose.
Many of the cases brought to trial in the past decades involved insulation workers and miners. However, asbestos continues to affect the health of shipyard workers, refinery and industrial workers, construction workers, automotive mechanics, teachers who work in asbestos–contaminated schools, family members of asbestos workers and other diverse groups.
An experienced asbestos lawyer is able to examine a client’s work and life history and determine the best course of action. The asbestos lawyer can use company documents and evidence amassed over decades of cases to best prove an injured person’s case. Given the asbestos industry’s history of concealment and fraud, you should not be reluctant to step forward to assert your legal rights if you have been injured due to asbestos exposure.
When should I contact an asbestos lawyer regarding my exposure to asbestos?
This question is a particularly important consideration in cases involving toxic substances such as asbestos. Unlike a car wreck, for example, where injuries can often be immediately seen, the symptoms of asbestos–related diseases may take decades to develop. Asbestos–related injuries are often extremely difficult to detect in their early stages, since breathing asbestos dust causes the injury long before an exposed individual is able to perceive any symptoms.
Asbestos fibers are microscopic and not visible except when present in large concentrations, so dangerous levels of asbestos dust may not be readily recognizable to the injured person, the housewife who regularly washed the clothing of a loved one who worked with asbestos, or a construction worker who worked near asbestos insulation workers but did not directly use the insulation. Due to the microscopic nature of asbestos particles and their invasive nature, harmful exposures may occur without the injured person even knowing he or she was exposed.
For both legal and medical reasons, as soon as you become aware that you were exposed to asbestos–containing products and may be at risk of developing a disease or injury, you should consult an experienced asbestos lawyer to determine what your legal rights are, and when and how they should best be protected.
Do lawyers specialize in asbestos trials?
Legal specialization provides a way for a client to have the best representation for their particular case and issues. Although “asbestos litigation” is not a certified specialty, it is an area of practice that requires expertise and experience. Any firm you select to represent you should not only have a proven track record in asbestos litigation, but should have a substantial commitment to asbestos litigation as an integral part of its practice.
While we always try to settle our cases without the risk and expense of trial, at Brayton Purcell, we strongly believe that the best trial lawyers achieve the best results to most victims of asbestos–related disease. This is true because defendants and their attorneys respect and regularly evaluate the trial skills of the claimant’s lawyer in deciding how to respond to a case heading for trial. Trial is where a jury makes the decision. The more capable and accomplished your lawyer is in trying cases, the better off you are in pursuing your case.
While most lawyers prefer to settle rather than litigate, the defendant’s knowledge that they are dealing with an experienced trial attorney who will be able to efficiently bring a case to trial and obtain a verdict invariably assists in settlement negotiations and adds value to a case.
Asbestos victims and their families will benefit from choosing a seasoned asbestos litigation trial law firm. Lawsuits involving asbestos require experience with jury trials, construction and building practices and cutting–edge medical science. While there is no “certified” asbestos litigation specialization, a lawyer with experience in winning asbestos verdicts is an excellent choice for a person injured by asbestos products.
What is Brayton Purcell’s record as mesothelioma and asbestos lawyers?
At Brayton Purcell, we are proud to have won the largest verdict ever in California in an asbestos case (over $33 million to an electrician suffering from the cancer mesothelioma). We have also obtained the largest asbestos awards in Oregon and Washington for asbestos victims who developed asbestos diseases other than mesothelioma.
Although we cannot guarantee the outcome of any trial, we vigorously fight for the rights of our clients. For an example of an actual opening statement in a Brayton Purcell asbestos trial, see Chris K. v. Asbestos Defendants. Also, see Our Court Record for a detailed list of our asbestos cases, and contact us if you would like to know more about our trial experience.
What resources should a firm be able to apply to my case?
Brayton Purcell has created an extensive computer database of information from around the country and the world. This massive collection requires in excess of thirty–four thousand lineal feet, over 100,000 volumes of depositions and transcripts and more than six million pages of data on worksite conditions, product identification and other information necessary to maximize the value of an asbestos case.
We are able to cross–reference the specifics of a client’s case with this invaluable evidence previously identified in thousands of cases. This unique ability ensures that each client’s case will build upon the strongest evidence available today to obtain the best result possible.
How can I contact Brayton Purcell?
We would be pleased if you would consider Brayton Purcell when you are making a decision about hiring an asbestos law firm. You may contact us via this web site or through our main offices in California, Oregon (Washington/Oregon region) and Utah. We handle asbestos cases throughout the nation, associating with high quality local counsel when necessary.