Taking Legal Action

If you or a family member have been diagnosed with mesothelioma, you could be entitled to monetary compensation form asbestos companies, insurance companies and past employers. Asbestos exposure is the only known cause of mesothelioma, a tumor infecting the lining around internal organs such as the lungs and abdomen. Since the 1920's, asbestos manufacturers were aware of health risks associated with asbestos exposure. From that time until the 1970's many of these companies conspired to cover up scientific findings linking asbestos to lung disease and cancer.

Aware of the risks, asbestos companies continued producing their products, exposing millions to the mineral that can prove lethal if airborne fibers are inhaled or swallowed. Since the late 1970's and early 80's individuals suffering from asbestos related diseases have filed many claims against producers of asbestos products. Monetary settlements are given to plaintiffs and their families to compensate for medical bills, which can average $200,000 annually for mesothelioma patients, and reduction of quality of life.

Questions To Ask Your Lawyer

Because many states have a statute of limitations for filing these types of lawsuits that begins at original diagnosis, it is important to contact a lawyer quickly if you are considering taking legal action. Not all lawyers and law firms have the same experience with specific cases, so explaining your particular case will get you the help you need. Mesothelioma patients can file claims through personal disability or life insurance policies, Social Security, against their former employer, and against asbestos manufacturers. The largest compensations are usually recovered from claims against the asbestos industry.

Any given law firm will have specialized experience in one type of case and not necessarily the others. Ask your lawyer his/her experience with mesothelioma cases and look for lawyers experienced in handling cases like yours. If your asbestos exposure spans more than one state or county, ask which jurisdiction your case will be tried in, as average compensation varies based on region. Some larger firms may have settlement agreements already established with asbestos companies and may not be able to take your case to court individually. You should find out early if your case will be treated separately or as a class-action suit.

Things To Remember

Though it is important to file your claim before the statute of limitations runs out, you should not feel rushed, and choose a lawyer that you and your family are comfortable with. There are two types of mesothelioma lawsuits. If the plaintiff is still alive and has been diagnosed with the disease it is considered a personal injury lawsuit. If the plaintiff is deceased, the lawsuit is filed as a wrongful death claim with a spouse or family member acting as plaintiff on behalf of the descendent. In this type of case former co-workers are depositioned and brought to trial to help establish asbestos exposure of the descendent. In most states, cases in which the plaintiff is still alive are generally tried faster than wrongful death claims.

Expectations

Settlements in these types of cases vary greatly based on type of exposure. Because of this, it is difficult to give an average settlement. However, many claimants receive compensation to the tune of 6 to 7 figures.

After a settlement is agreed to, it could take from six months to a year or more before the plaintiff receives any money because asbestos companies have to submit claims to their insurers who are often handling thousands of settlements at a time.

When settlements are being arranged, your lawyer could be dealing with a number of different companies at one time, and will therefore be in constant negotiation. Many times these settlements are agreed to just hours before trial, and plaintiffs may feel left out and confused as they are receiving little attention fro their attorney. Though this is sometimes inevitable, you should feel assured that your lawyer is working to provide adequate compensation.

Choosing Your Lawyer / Law Firm

Choose The Law Firm

There are two types of law firms that handle mesothelioma lawsuits: larger, more traditional firms that handle many asbestos-related disease cases, many of which are non-cancerous, and smaller, newer law firms that deal exclusively with mesothelioma cases. Firms that take on a wide variety of asbestos-related cases often times have pre-established settlement agreements with asbestos manufacturers and, in general, spend less time on individual cases as they are more concerned with larger, group settlements.

Other advantages of mesothelioma exclusive firms:

• Selective when choosing which cases to take
• Give plaintiffs individual attention
• Experienced in trial and settlement arrangements for single plaintiff cases
• Spend more time on individual cases

Based on your personal needs and desires, you should choose which type of firm is right for your case. In either instance, you should look for a firm with experience and knowledge.

Some things to look for in a law firm:

• Experienced in claims process
• Proven track record
• Strong network of counsel
• Familiarity with cover-ups and incriminating asbestos company documents

Consultation

Many firms offer free consultation to claimants who are considering taking legal action against asbestos companies. During consultation your lawyer will ask you questions to help define your medical history and history of asbestos exposure. During consultation you will be given information about the legal process and how your case will be approached. Your lawyer will provide you with testimonials or results from cases similar to yours and explain to you realistic expectations.

Communicate

When going to trial or negotiating settlement arrangements, it is important that your lawyer knows as much specific information about your personal exposure as possible. The type of mesothelioma that you have developed is also important information for negotiations, since the more debilitating diseases traditionally receive larger settlements.

Lawyer Fees

In many cases, firms will agree to work on a contingency-fee basis. This means that the law firm does not get paid directly by you, but instead receives a percentage of the final settlement. Therefore, patients struggling with astronomical medical expenses incur no additional out of pocket expenses for seeking legal help.

Quality over Cost

Legal fees for these types of cases usually run from 33 to 40% of claimant's final settlement. The percentage taken by the law firm, however, should not be a deterrent in finding the best help available. Because the more experienced, knowledgeable firms are more familiar with the process in mesothelioma cases, settlements can be larger and come more quickly.