The cause of mesothelioma is exposure to asbestos. Most people who have been exposed to asbestos have been exposed through the workplace and are now suffering with the disease. The cost of medical bills and lost wages leave families in serious financial hardship. Once diagnosed with mesothelioma, you have a limited amount of time to take legal action against those responsible for the exposure. This statute of limitations also applies to family members who want to sue for wrongful death after their loved one has died. Because companies are liable and exposure could have been prevented with proper safety gear, most families choose to file a law suit to help cover medical expenses.

There is over $37 billion in Trust Funds all set aside

for asbestos victims and their families. Mesothelioma Lawyers

can help you claim what is rightfully yours.

Why Hire A Mesothelioma Law Firm

A lawyer can assist you in determining if you qualify for financial assistance. That part alone could be confusing, let alone all the statutes of limitations and state laws.  Finding an experienced asbestos lawyer can increase your chances of receiving a substantial amount of money and your case will be professionally handled from start to finish. Having a good mesothelioma law firm on your side will give you time to focus on your health and your family.

Streamline The Process

Don’t like files? Hate applications? Have no idea what the legal procedures are?  Don’t fret.  A mesothelioma attorney will streamline everything for you.

Avoid The Courtroom

Most of the time, your attorney can settle your mesothelioma case out of court.  This gives you more time to focus on you, your treatment and especially spending time with your family and loved ones.

No Costs Upfront

Look for a mesothelioma lawyer that will file the paperwork and claims necessary for you to receive your compensation and/or benefits. Once the money is recovered for you, they will then take a percentage that was agreed on prior before they handled your case.  If no money is recovered, you pay no out-of-pocket attorney fees.

Do Some Homework, Be Informed. 

An attorney specializing in asbestos related cases will be best suited to assist you. The cases are often complicated and technical and the lawyer who represents you should be able to navigate easily through the system.

-Do not be afraid to question the lawyer about their experience and record. Find out how many cases he/she currently has pending. A lot of outstanding or pending cases could signal an inexperienced or unsuccessful lawyer.

-Find out how many cases were settled out of court vs. how many went to trial. There are advantages to settling out of court such as quicker compensation. There are also advantages to a jury trial such as the potential for an increased amount of damages that could be awarded to you.

-Start by researching the lawyer’s caseload and the success of prior lawsuits.

-A mesothelioma law firm may be good if it has been financially successful against large companies and the attorneys who worked the case would be listed.

Discuss Payment

This is a sensitive topic when your costs for medical care continue to sky rocket and paying bills is difficult due to loss of income. Many law firms and attorneys will agree to take your case based on a contingency. This means that they will only be paid on the contingency that a settlement is reached. Usually, the fees are a percentage of the recovery whether the case is settled out of court or goes to trial.

Go With Your Gut

You may find a stellar attorney on paper. He may have a high success rate and is willing to take your case on a contingency basis. If you don’t feel comfortable and question if they are the right attorney for you, then find another attorney. Sometimes you just know when something isn’t right for you.

Choose A Lawyer You Feel Comfortable With

Asbestos cases can be a long drawn out process and you will have frequent contact with your attorney and his staff. Your attorney should be understanding and sensitive to the struggle you and your family are facing, and willing to sit down and listen to how your life has been affected. You should get dedicated and individualized attention from your attorney. If someone else will be handling the case for him, it is in your best interest to find another attorney.

Additional Benefits Of Hiring A Mesothelioma Attorney

  • Determine if your case should be settled out of court, go to trial or if a class action lawsuit should be filed.
  • Determine if you or a family member is entitled to compensation due to lost wages, pain and suffering, and medical expenses.
  • Determine whether you should file a complaint in court or submit a claim to an asbestos trust fund. An attorney can assist you in making sure the claims are prepared correctly, processed, and paid.

Attorneys specializing in asbestos cases have knowledge about and experience with the complex issues, legislation, case law, and history surrounding asbestos claims.

Summary and Checklist Before You Hire A Mesothelioma Law Firm

Often patients are not sure of exactly who is responsible for their exposure to asbestos. A good attorney will have a method to figure out what products you were exposed to, and exactly who is responsible.
  1. There should be no legal fees requested up front. Most attorneys work on a contingency which means the only time you will pay is if your case has been won or it was settled.
  2. Choosing an attorney that will travel to you is also beneficial. With doctor appoints and treatment sessions and recovery time, another appointment you have to get to only causes more stress.
  3. The attorney you choose should have a solid track record of winning mesothelioma cases as well as maximizing the benefits to the victim.
  4. Mesothelioma is a devastating, fast moving disease and taking time out of your care for legal issues can cause stress that can actually hurt your recovery. Focusing on your health care should be your first priority. Getting legal help to assist you in filling out forms and filing claims is a way to reduce the stress while you take care of yourself.
Show Sources

Resources:

  1. Asbestos Bankruptcy Report. Mealey. Retrieved from: http://www.bateswhite.com/practices-Asbestos.html. Accessed: June 12, 2013.
  2. Lloyd Dixon, Geoffrey McGovern, Amy Coombe. (2010). Asbestos Bankruptcy Trusts – An Overview of Trust Structure and Activity with Detailed Reports on the Largest Trusts. Santa Monica, California. RAND Institute.

Last Modified: Apr 11, 2017 @ 4:54 am

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