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Asbestos Defendants Strike Back

Usually, an asbestos exposure lawyer is the “good guy” in asbestos exposure illness claims. Unfortunately, that is not always true.

Plastic pipe maker JM Eagle has sued a U.S. law firm that filed hundreds of asbestos personal injury cases against the company, marking the latest counterstrike by a defendant against the asbestos plaintiffs bar. The lawsuit alleges that law firm Simmons Hanly Conroy suppressed evidence, used perjured or falsified testimony and statements, and committed fraud in the course of recovering billions of dollars from asbestos defendants in thousands of cases.

"These untrue statements have caused JM Manufacturing to incur vast sums of litigation fees and expenses defending against claims brought by the firm," the lawsuit said. JM Eagle, which calls itself the world's largest plastic and PVC pipe manufacturer, was previously known as JM Manufacturing.

Simmons Hanly is based in Alton, Illinois, and specializes in asbestos-related mesothelioma claims. The firm's managing partner, Laurence Nassif, said in a statement that JM Eagle's claims are "baseless" and that the company is trying to avoid "accountability for its dangerous practices and the harm it has caused innocent people."

Choosing the Right Lawyer

The clock is ticking in these cases. Most asbestos-exposure illnesses are so serious and diagnosed in such late illness stages that victims and families are desperate for legal help. Nevertheless, it’s important to go through the right process. A stitch in time saves nine.

First, do some independent research. Look for bar complaints, civil lawsuits, and other such matters. If the disciplinary or civil action is unresolved, remember that you only see one side of the story. But that one side should be enough to convince you to look elsewhere.

Next, as you speak with a lawyer or otherwise give an asbestos exposure lawyer additional consideration, look for the following traits:

  • Experience: Law school teaches lawyers how to think like lawyers. Only experience teaches lawyers to act like lawyers. An asbestos exposure case should never be an inexperienced lawyer’s training tool. Look for experience in asbestos exposure matters, and also look for successful results. A losing basketball team that returns all five starters is an experienced losing team.
  • Dedication: This quality is related to experience. A lawyer should be dedicated to asbestos exposure victims in particular, as opposed to personal injury victims in general. Asbestos exposure cases are incredibly complex. Undedicated lawyers typically look for a quick settlement or an easy way out.
  • Accessibility: An asbestos-exposure lawyer should be physically and professionally accessible. Many asbestos-exposure victims are so sick they have problems getting from place to place. Furthermore, your lawyer, not a legal assistant, should address your questions, comments, and concerns. However, beware of overly accessible lawyers. If a lawyer always has time to meet you, there’ is probably a reason the lawyer is not very busy.

Search thoroughly, but search quickly. Asbestos exposure victims have a limited amount of time to act, especially in certain states.

Resolving an Asbestos Exposure Claim

Most personal injury claims, including asbestos exposure claims, settle out of court. Usually, these resolutions benefit victim/plaintiffs.

Settlements end cases sooner, allowing victims to move on with their lives sooner. Furthermore, a settlement is certain, and a trial is uncertain. A bird in the hand is worth two in the bush. Finally, settlements are final resolutions. When defendants settle cases, they immediately write checks instead of tying a court verdict up in appeals courts.

Frequently, asbestos exposure cases are settled during mediation. A third-party mediator oversees settlement negotiations and ensures that each side negotiates in good faith. “My way or the highway” is not a good-faith negotiation posture. So, civil mediation has about a 90% success rate.

Contact a Diligent Asbestos Exposure Lawyer

Mesothelioma victims need and deserve significant compensation. For a confidential consultation with an experienced nationwide mesothelioma lawyer, contact the Throneberry Law Group. Virtual, home, and hospital visits are available.

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