How to Choose the Right Mesothelioma Lawyer for Your Case

Mesothelioma lawyers focus on helping people who have gotten sick from asbestos exposure. They have experience working on asbestos claims and are skilled in researching the facts, often digging deep into the past to find proof of asbestos exposure that may have occurred decades ago. They know how to use the evidence they have gathered to make a compelling case, and they are tireless in ensuring their clients get fair compensation for their suffering, losses, and expenses.

How a Mesothelioma Lawyer Can Help

If you or a loved one became ill because you were exposed to asbestos at work, by using asbestos-containing products, or from a building’s asbestos-containing insulation, you may be eligible for compensation for your suffering, losses, and related expenses. A lawyer can provide legal help if you or a loved one have been diagnosed with mesothelioma cancer, lung cancer, asbestosis, or other asbestos-related illness.

Mesothelioma attorneys help asbestos victims receive the financial compensation they need for medical bills, other medical expenses, lost income, emotional and physical distress, and the loss of companionship. By protecting the legal rights of their clients, they also hold the companies responsible for their negligence in exposing workers and consumers to the dangers of asbestos.

What Does a Mesothelioma Lawyer Do?

A mesothelioma lawyer starts by meeting with you and finding out more about your (or your loved one’s) asbestos exposure, when you became sick, and what medical treatments you have been and are receiving. The lawyer will determine your eligibility to file a claim. If you are eligible and decide you want to go ahead with legal action, the lawyer and/or investigator will conduct research to find out what companies are responsible for your exposure to dangerous levels of asbestos. Your legal team will clearly explain your legal options and give you any assistance you need in deciding what to do.

Your lawyer gathers evidence of your asbestos exposure and uses that evidence to build a strong case for why you deserve compensation. The legal team prepares all the necessary paperwork and documentation and ensures that everything is submitted on time. If you are filing a lawsuit, your lawyer will engage in the discovery process, which may involve depositions. Your lawyer may need to make appearances in court for hearings at this stage. Negotiations with the lawyers from the other side will begin, where your lawyer will use his or her negotiation skills to seek the largest settlement possible. If the case goes to trial, the lawyer will represent you in court and provide a compelling case to the jury.

Types of Mesothelioma Claims

There are two ways you can get compensation from companies whose negligence exposed you to asbestos. One is to file a lawsuit. The other is to make a claim against a trust fund that companies have created specifically to pay asbestos-related claims. In some situations, where you are making claims against more than one company, you may be able to do both. Your mesothelioma lawyer will advise you on how to proceed.

Filing a Claim Against an Asbestos Company Trust Fund

Many large companies went into bankruptcy to avoid being sued in court for asbestos exposure. However, you can still file claims against them. The companies were required to set aside money in asbestos trust funds to pay the claims of people who were harmed by the companies’ negligence. There are currently more than 60 of these trust funds that together have about $30 billion available to pay claims. A mesothelioma lawyer can help you file a claim against these bankruptcy trusts.

Mesothelioma Lawsuits

In asbestos litigation, you file a lawsuit against one or more companies that negligently exposed you (or your loved one) to asbestos. These companies may be former employers, manufacturers of asbestos products, or both.

Mesothelioma lawsuits can end in a settlement or a trial verdict. In a settlement, your lawyer will negotiate an agreement with the lawyers on the other side. Most cases settle this way, but some go on to trial.

Is It Better to Get a Settlement or a Jury Verdict?

There are advantages and disadvantages to both settlements and trials. Getting a settlement is more certain. The process is usually much quicker than going to trial, which means you will get your money sooner.

A trial is riskier than settling because a jury has to vote in your favor for you to get compensation. It is also more time-consuming. However, if you win a jury verdict, the amount of the award will often be a much higher amount than what you could have gotten in a settlement.

How should you choose? There is no one-size-fits-all answer to which option is best. The best way to make a decision is to talk to an experienced asbestos lawyer. Experienced lawyers are very familiar with the advantages and disadvantages of each option, and they are skilled in applying their knowledge to the specific facts of your situation. They will guide you in making a decision that you can feel confident is the best for you and your family.

Personal Injury and Wrongful Death Asbestos Cases

Whether you file a personal injury lawsuit or a wrongful death lawsuit depends on whether you are filing on your own behalf or on behalf of a loved one who has passed away.

Personal Injury Mesothelioma Claims

If you have a mesothelioma diagnosis, you can file a personal injury lawsuit against your former employer and/or the manufacturer of the asbestos-containing product you were exposed to.

In a personal injury case, mesothelioma patients seek compensation for what are called economic and non-economic damages. Economic damages include medical expenses and past, present, and future lost income. Non-economic damages include your pain and suffering and your family’s suffering and emotional distress.

In some cases, where the employer or manufacturer has knowingly put people at risk, a jury may award punitive damages. These are meant to punish the offending company and to serve as a warning to other companies. Juries that award punitive damages often provide for a very high amount so that it will have more of an impact.

Wrongful Death Lawsuit

In a wrongful death mesothelioma lawsuit, the surviving spouse and children (or sometimes other family members or non-relatives) sue on behalf of a loved one who passed away from an asbestos-related disease. If you file a wrongful death suit, you seek compensation for the losses you have suffered because your loved one is no longer with you. These include loss of love, affection, companionship, sexual relations, lost income, contributions to the household, and loss of support and guidance for the loved one’s children. You can also seek compensation for funeral expenses and remaining medical bills.

Like personal injury lawsuits, wrongful death lawsuits usually end in settlements but sometimes go to court to be argued before a jury. The deadlines, called “statutes of limitations,” to file wrongful death lawsuits are different from those for personal injury lawsuits. You should talk to an asbestos lawyer to find out what the deadlines are in your state.

What to Look for in a Mesothelioma Law Firm and Lawyers

When choosing a lawyer for a mesothelioma claim, you should look for a law firm that specializes in asbestos law. This is a complex area of the law, and you shouldn’t take a chance on a lawyer who is not thoroughly experienced with mesothelioma cases. A lawyer, for example, who is a general practitioner, who writes wills, helps small businesses, or handles disputes between neighbors, will not have the knowledge and experience needed to successfully pursue asbestos claims and get all the compensation that asbestos victims deserve.

The best mesothelioma law firms:

  • Are national law firms, practicing in at least several states.
  • Have a proven track record of success in pursuing mesothelioma claims.
  • Specialize in asbestos lawsuits and claims.
  • Have legal teams led by asbestos attorneys who are highly experienced and knowledgeable?

The best mesothelioma lawyers:

  • Have the specialized experience in asbestos cases needed to win large settlements or jury verdicts.
  • Are respected in the legal community for their outstanding work.
  • Have all the resources they need to prepare the best possible cases for their clients, including access to specialized databases that contain information about companies that manufactured and used asbestos.
  • Are tireless in tracking down the evidence needed to prepare a compelling and convincing claim.
  • Are excellent negotiators who get the best possible settlements from opposing attorneys.
  • Are skilled litigators who have a track record of successful trials and are prepared to argue a case in court, if necessary.
  • Are compassionate and dedicated to helping mesothelioma victims.
  • Are good communicators and explain the legal process clearly to clients.
  • Keep clients informed of all the important developments in their case and are glad to answer questions.
  • Return messages and phone calls quickly.

What to Expect When You Contact a Mesothelioma Lawyer

When you make an appointment to talk to a mesothelioma lawyer, the first thing the lawyer will do is meet with you, listen to your description of what happened, and provide a free case review. In this initial free consultation, you will learn:

  • Whether you are eligible to file a mesothelioma claim.
  • What your options are for seeking financial compensation.
  • Know what happens next in the legal process

If you decide to hire the law firm to handle your claim, you will be assigned a legal team that includes one or more attorneys and experienced support staff. Your team will gather evidence that will support your claim, including evidence of your asbestos exposure and your medical records. This may include locating and interviewing witnesses and experts.

The next steps depend on whether you are filing a claim with an asbestos trust fund, a lawsuit, or a VA claim. Either way, your legal team will make sure that:

  • All documentation is properly prepared and submitted, and all deadlines are met.
  • You are kept informed of all major developments in your case, and the legal process is explained to you clearly without excess legal jargon.
  • You are well-prepared and understand the process if you need to make an appearance, such as to give a deposition or testify in court.
  • You have all the information you need to make good decisions about all aspects of your case.

What to Expect When You Contact a Mesothelioma Lawyer

When you make an appointment to talk to a mesothelioma lawyer, the first thing the lawyer will do is meet with you, listen to your description of what happened, and provide a free case review. In this initial free consultation, you will learn:

  • Whether you are eligible to file a mesothelioma claim.
  • What your options are for seeking financial compensation.
  • Know what happens next in the legal process

If you decide to hire the law firm to handle your claim, you will be assigned a legal team that includes one or more attorneys and experienced support staff. Your team will gather evidence that will support your claim, including evidence of your asbestos exposure and your medical records. This may include locating and interviewing witnesses and experts.

The next steps depend on whether you are filing a claim with an asbestos trust fund, a lawsuit, or a VA claim. Either way, your legal team will make sure that:

  • All documentation is properly prepared and submitted, and all deadlines are met.
  • You are kept informed of all major developments in your case, and the legal process is explained to you clearly without excess legal jargon.
  • You are well-prepared and understand the process if you need to make an appearance, such as to give a deposition or testify in court.
  • You have all the information you need to make good decisions about all aspects of your case.