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Showing posts with label mesothelioma attorneys. Show all posts
Showing posts with label mesothelioma attorneys. Show all posts

Wednesday 6 June 2012

Choosing an Attorney

How to Hire a Mesothelioma Attorney

Mesothelioma claims are different from other workplace injuries and are a special area of the law. Because asbestos-related diseases have such a long period between exposure and diagnosis – sometimes as long as 50 years – related claims are best tackled by a qualified mesothelioma attorney.
Such a legal specialist not only has an understanding of the disease but also has the experience of the case process and how to investigate and evaluate a potential mesothelioma lawsuit. For people who have mesothelioma, pleural mesothelioma, asbestosis or another asbestos-related cancer, knowing how to hire the right attorney can make all the difference.

Find A Qualified Mesothelioma Attorney

Selecting an attorney depends on a number of factors. Among them are the attorney’s experience and reputation and also the level of confidence and comfort you feel during your first meeting. Finding someone who makes you feel comfortable makes it easier to communicate clearly and openly about your case.
In this area of the law, closer is not always better. Having a reputable, competent and experienced mesothelioma attorney is more beneficial than having a nearby attorney. Most attorneys understand your cancer prognosis. They will travel to you.
It is usually not a good idea to select an attorney based on a promise to achieve a specific result. Although many asbestos-related lawsuits result in settlements and jury verdicts that are favorable to mesothelioma patients and their families, it is impossible for an attorney to guarantee an outcome for a claim. Be cautious of any lawyer who assures a win in court or promises that you will receive a specific amount from a settlement. On the other side, experienced mesothelioma lawyers often collect millions for their clients, sometimes without even going to trial.

Affording an Attorney

Most mesothelioma lawyers work on a contingency fee basis. This means you pay nothing until you receive compensation and nothing at all if your case is unsuccessful. Contingency fees are usually based on a percentage of any compensation you receive. Be sure to discuss this percentage during your first meeting with an attorney.

Tips for Working with an Attorney

A mesothelioma attorney will handle the majority of the work for your case, but there are things you can do to help with the process. Among them are:

Gather Medical Information

This information helps your attorney determine if you have a claim and prepare your case.
  • Note the date of your diagnosis.
  • Provide the names and numbers of your doctors and medical providers, including the doctor(s) who diagnosed you.
  • Be prepared to provide medical records related to your diagnosis and treatment.

Describe Your Work History

This information helps your attorney prove that you were exposed to asbestos and identify who is responsible for your illness.
  • Be prepared to help your attorney track your work history, including:
    • Name(s) of employer(s);
    • Location(s);
    • Dates of employment; and
    • Job Title(s).
  • Provide any work-related records you may have, such as W-2s.

Keep Track of Expenses

This information helps you ask for adequate compensation.
  • Keep records of all out-of-pocket medical expenses, including costs of doctor and hospital visits, medical tests, prescriptions, equipment, etc.
  • Keep records of any out-of-pocket expenses related to your illness, such as the costs of travel, personal care, massage and other alternative therapies.

Be Organized

A case can last several months. Your attorney handles almost every aspect of the case, but keeping your own records and notes can help you remember details and follow the case process.
  • Keep a file with any documents that are signed and negotiated, copies of correspondence with your attorney, and copies of any court documents you receive.
  • Keep copies of documents you provide to your attorney.
  • Take notes during meetings and calls with your attorney (a friend or family member can help).

Ask Questions

It is very important for you to be fully informed and comfortable with the entire case process.
  • Do not be afraid to ask questions.
  • Remember that your attorney is there to help.

Communicate

Good communication is important because details discussed during your meeting with an attorney can influence your case.
  • Always be honest, open and direct so that there is clear communication.
  • Expect the same from your attorney.

How Can a Mesothelioma Attorney Help?

Mesothelioma attorneys focus their practices on this unique area of law. Their familiarity with asbestos exposure helps them answer the following questions for you:
  • Do you have an asbestos claim? Several asbestos cases have been filed over the past several decades. Mesothelioma attorneys are familiar with important legal decisions and stay up to date on asbestos-related cases all over the country. They use this knowledge to offer an opinion about your case and also to present the strongest possible case should you decide to file a claim.
  • When were you exposed to asbestos?Identifying when and where you were exposed to asbestos is very important to your lawsuit. Without this information, it may be difficult to make a claim.

    Mesothelioma attorneys can help gather evidence related to your asbestos exposure. They routinely work with medical experts to trace when and where asbestos exposure occurred. They already have research and medical evidence at their disposal which may be helpful to your case. They may also have helpful contacts with other organizations that fight for workers' rights concerning asbestos-related diseases.
  • Who is responsible for your asbestos exposure? It can be difficult to know which companies to sue in an asbestos lawsuit. During the decades that usually pass between asbestos exposure and diagnosis, the companies at fault may go out of business, move, change their names or even be sold to other companies. Mesothelioma attorneys have experience identifying and locating the companies responsible for their clients' suffering.
  • What is your case worth? Part of presenting a strong case is adequately estimating how much compensation you should receive. Mesothelioma attorneys are familiar with the medical and other day-to-day costs of living with asbestos-related illnesses. They also have experience estimating the value of future expenses, as well as the value of damages that are harder to put a number on, such as emotional anguish.
Aside from their legal expertise, mesothelioma attorneys also understand the difficulties that you and your family face following diagnosis with an asbestos-related illness. They appreciate your need to focus on treatment and time with loved ones. At the same time, they know that it is important to file your claim and gather evidence as soon as possible.
If you decide to file a lawsuit, you remain in control of your case, but your mesothelioma attorney will gather evidence, file the claim, negotiate and go to court on your behalf. You can be involved in the litigation as little or as much as you want. Your mesothelioma attorney will be available to answer your questions and keep you informed throughout the legal process.

mesothelioma lawyers

Mesothelioma Lawyer: Your Options and Rights

Although U.S. regulations on asbestos and asbestos exposure began in the 1970s, more than three decades later people are coming to the conclusion they need a mesothelioma lawyer. One result of the long latency period of asbestos-related diseases like mesothelioma cancer is continued legal claims by patients who were made sick through no fault of their own. Companies and contractors for branches of the military that exposed workers to the toxic mineral are being held accountable.
As early as the 1930s, medical evidence linked asbestos exposure to lung disease and mesothelioma and other asbestos cancers, diseases that severely limit someone’s life expectancy. Although many companies that made or used asbestos knew about these health hazards, they continued to expose their workers and the public to them for several decades.
Veterans are in a high-risk group for developing mesothelioma because much of the U.S. military hardware in the 20th century was built with asbestos-laden products. Even now, up to 3,000 people are diagnosed with an asbestos-related disease because of past negligence.
If you believe you have legal options to get help with medical bills and other related expenses, sign up to receive a free informational packet and explore your options.

Asbestos Exposure and Lawsuits

For almost a century, asbestos was one of the most commonly used construction, manufacturing and shipbuilding materials. It was also used in thousands of products and can still be found in houses, apartments buildings and other facilities built before the 1980s. Many members of the public and workers in a variety of jobs were exposed to asbestos.
Timeline of Initial Asbestos Exposure to First Symptoms of Mesothelioma Another reason for the high number of new cases: It can take up to 50 years after an exposure for patients to start showing symptoms of mesothelioma. That is why a construction worker, shipbuilder or plant employee exposed to asbestos in the 1960s or 1970s may only now be diagnosed with the disease. That is also why many companies were able to hide the fact they exposed employees and others to this toxic mineral.

Filing a Claim

The costs of mesothelioma can be overwhelming. They can include income loss, expensive treatments that may not be covered by health insurance, plus pain and suffering for you and for your family. Because the disease is preventable – and because it is usually caused by someone else’s negligence – legal options may be available to help regain these costs.
Mesothelioma lawyers focus their practice on knowledgeably and effectively bringing to justice companies that exposed employees and the public to asbestos products. A mesothelioma attorney can help you consider your options and file a claim against the company responsible for your asbestos-related illness. More than one company may be responsible. A mesothelioma attorney identifies all companies at fault.
Learn more about filing a claim

Obtaining Compensation

Mesothelioma lawsuits have helped thousands of people receive financial assistance. A lawsuit can result in much-needed money to help reduce financial hardships during an illness and can also provide a more stable future for your loved ones. A mesothelioma lawyer can help you seek compensation for expenses related to illness caused by asbestos exposure, including the following:
down arrow Common expenses related to illness caused by asbestos exposure:
  • Lost wages
  • Medical bills
  • Expenses not covered by insurance
  • Travel expenses for medical treatments
  • Pain and Suffering
  • Funeral expenses
  • Emotional support for your loved ones
  • Emotional support for you
Every claim is different. A mesothelioma attorney can help explain what types of compensation are specific to your case. It is important to save all medical and financial records relating your illness so that your lawyer can have up-to-date information about your expenses.
You will be asked to show medical records and to answer questions about how you may have been exposed to asbestos, there is usually no reason to take part in other stages of the case. Lawyers know clients may be too tired to keep up with their lawsuit or attending a trial. For this reason, they handle every aspect of the case on your behalf.
Learn more about obtaining compensation

Mesothelioma Lawsuits: Different Types

Asbestos litigation is regarded as the longest, most costly mass tort in U.S. history. Legal analysts calculate that there are more than 600,000 plaintiffs and more than 6,000 defendants and that the total outlay for the lawsuits could reach $200 billion.
Most mesothelioma lawsuits are between people who had direct exposure (also known as primary asbestos exposure) and the manufacturers of asbestos or products containing asbestos. However, workers and former workers of companies that knew they had asbestos issues are not the only ones with rights against asbestos manufacturers. Other groups of people did not work with asbestos but were exposed also may have rights. (This is known as secondary asbestos exposure.) For example, if you shared a workspace with others who handled asbestos or your spouse worked with asbestos, you may also have a claim. A mesothelioma lawyer can help you consider your options.
There are two types of asbestos injury cases. A lawsuit filed by an individual suffering with an asbestos-related illness is called a personal injury claim. A lawsuit filed by the family of someone who has passed away from an asbestos-related disease is called a wrongful death suit. Specific rights in these lawsuits depend on the county and state where the case is filed. A lawyer can explain your options and take care of filing a lawsuit.
More information on mesothelioma lawsuits

Additional Mesothelioma Resources

Only a qualified asbestos or attorney can provide legal advice on whether you qualify to file a lawsuit or seek recovery through a bankruptcy trust. Asbestos.com offers basic assistance in understanding the mesothelioma litigation process and about finding a qualified mesothelioma lawyer. If you have questions about mesothelioma or the legal process, feel free to call one of our Patient Advocates in our Mesothelioma Center at (800) 615-2279 for guidance. The advocate can ensure that you get accurate information about any potential claim.