As the number of clients who seek legal help for mesothelioma cases continues to increase, so do the legal challenges facing mesothelioma law firms. While mesothelioma law firms are experienced in winning cases, litigation often presents unexpected setbacks and legal obstacles that can slow down or even prevent a successful recovery for a client. In this article, we’ll take a look at some of the common legal challenges mesothelioma law firms face and how they mitigate or overcome them in order to succeed in litigation.
One of the most prevalent challenges mesothelioma law firms encounter is the discovery of previously unknown or overlooked defendants. In an age of complex corporate structure and long-term asbestos exposure, it can be difficult to track down all potential defendants. Oftentimes, these defendants are not listed in the mesothelioma claim until near the time of trial, causing significant delays to the litigation process. To combat this issue, mesothelioma attorneys have learned to investigate corporate structures in order to locate any possible asbestos exposure and identify potential defendants.
Another significant obstacle facing mesothelioma law firms is the threat of bankruptcy from asbestos trust funds. As companies that relied on asbestos go out of business and declare bankruptcy, funds set aside for claimants are not always sufficient. Mesothelioma attorneys must be prepared to thoroughly analyze these trust funds and identify alternative sources of recovering damages. It requires an in-depth financial analysis to accurately determine the amount of funds available to the claimant and how to maximize recovery.
Additionally, mesothelioma litigation is subject to varying statutes of limitation or “time limits” in which a claim must be filed. Every state has its own set of rules, so mesothelioma attorneys must be well-versed in the laws of each jurisdiction where the client may have a claim. These statutes of limitation can also be impacted by factors such as discovery of the asbestos exposure or knowledge of the injury, so mesothelioma attorneys must be prepared to work quickly to protect the client’s rights.
Finally, mesothelioma law firms must be prepared for issues concerning the accessibility of evidence. Oftentimes, documents and witnesses that are necessary for litigation might not be easily accessible due to time constraints or cost considerations. Mesothelioma attorneys must become well-versed in legal resources and be mindful of the
