Getting Legal Help With an Asbestos Claim: How To Choose a Mesothelioma Lawyer

Being diagnosed with mesothelioma or any other asbestos-related illness can be devastating. It can even be hard to consider filing legal action when dealing with doctor appointments and treatment for your disease. Still, you have legal rights. The right asbestos attorney may prove that this dangerous mineral caused your illness. This can entitle you to significant compensation.

Mesothelioma cases are some of the most complicated tort claims. As a result, who you choose for an asbestos or mesothelioma lawyer is critical. Your attorney will be the one who helps you navigate the legal system. They will also be your fiercest advocate during this difficult time.

This article describes how the process works for victims of asbestos-related diseases, varying legal options, and how a personal injury lawyer familiar with asbestos cases can help with your claim.

Further down in this article, you’ll also find several questions to ask when interviewing potential asbestos attorneys. These questions can help you feel confident about the legal help you decide to hire for your claim.

Asbestos Use Today

Asbestos used to be one of the most commonly used insulators. Manufacturers were largely aware of the risks associated with asbestos but kept them secret to avoid damage to their businesses. The courts have seen decades of litigation tied to asbestos-related injuries and mesothelioma, a rare cancer that develops due to asbestos exposure.

Though the use of asbestos products is heavily regulated today, asbestos-containing products remain on the market. Asbestos is still used on job sites in the construction industry.

Unfortunately, nearly three thousand people receive a new mesothelioma diagnosis every year in the U.S. As such, courts have mandated that companies that continue to use asbestos contribute to an asbestos trust fund. This fund helps compensate people who become sick or die from asbestosis and other illnesses.

Common Sources of Asbestos Exposure

Asbestos exposure can result in many asbestos-related diseases, including lung cancer and mesothelioma. Asbestos diseases can require intense medical treatment and cause you to incur significant medical expenses.

Victims of asbestos exposure may have inhaled asbestos fibers during their employment. For example, many workers in the shipbuilding industry were exposed to various types of asbestos used to produce sea vessels.

Mesothelioma victims comprise the majority of plaintiffs who file asbestos lawsuits. These cases often result in large mesothelioma settlements. In some cases, family members of someone exposed to asbestos at work can recover mesothelioma compensation.

Asbestos Illness Liability

One of the problematic things about filing an asbestos claim is determining who you need to sue. These cases are not as straightforward as car accidents with personal injuries. The responsible party can be an employer, manufacturer, or construction company.

For example, if you were in the Navy and were exposed to asbestos, your attorney may need to pursue a claim against the government. If your illness appears while you’re still working for your employer, you may be able to file a workers’ compensation claim. It all depends on the facts of your case.

The issue many mesothelioma patients face is that they may not have much time to live by the time the doctor hands down their diagnosis. For them, the timing issue goes beyond the statute of limitations. If they expect a payout before passing away, they must act quickly.

The same is true for plaintiffs who have lung cancer or asbestosis. You must file your legal claim immediately after receiving your diagnosis.

How a Lawyer Can Help With Your Asbestos Case

If you’ve developed mesothelioma or any other asbestos-related illness, you should speak with an experienced mesothelioma lawyer. Your lawyer will provide legal advice and help protect your legal rights.

When you contact an asbestos law firm, your attorney can also explain what to expect at every step of your personal injury case. Ideally, your attorney will negotiate a settlement of your mesothelioma case. They will also file a personal injury lawsuit on your behalf.

Your lawyer should have years of experience handling asbestos litigation. Whether you need to file a mesothelioma lawsuit or wrongful death lawsuit, your attorney will take on the asbestos companies and fight to secure compensation.

Some of the tasks your lawyer will handle for you include:

• Researching the law
• Filing claims
• Interviewing witnesses
• Collecting records
• Conferring with expert consultants
• Planning legal strategy
• Negotiating with insurers and opposing counsel

Statute of Limitations for an Asbestos Claim

Regardless of the injury you or your loved one has suffered, you only have a certain amount of time to file your claim. This is because you need to file your lawsuit before the statute of limitations period expires.

Your filing window will depend on where you live. In California, for example, plaintiffs have two years from their diagnosis to file suit. New York gives victims three years to file their claims.

When you first meet with your asbestos lawyer, they’ll let you know how much time you have to file your lawsuit.

Finding the Right Attorney for Your Mesothelioma Case: Questions To Ask

The following questions to ask will help you choose the best lawyer for your asbestos or mesothelioma claim.

When interviewing potential legal help, these questions will guide you in assessing whether they’re the right fit for your case—and more importantly, whether they can secure the asbestos verdict you want.

Do you offer a free case review?​

Most personal injury lawyers offer new clients a free case evaluation. This allows you to decide if you want to retain their services. It also allows the attorney to review your claim and determine if they will represent you.

When you sue the manufacturer or distributor of asbestos-containing products, your attorney must include your claim for damages in the initial complaint. If the attorney doesn’t feel your case is worth much, they won’t be willing to handle your case.

It has to make good business sense for the law firm to take you on as a client. This allows the law firm to review your claim before they agree to represent you.

How much experience do you have with asbestos cases?

Asbestos litigation can be a long, drawn-out, and painful legal process. You don’t want to entrust your case to just anyone.

Finding an asbestos attorney with decades of experience handling these lawsuits would be best. Going up against the asbestos companies and other corporations is not easy. You want someone who won’t be intimidated by the large legal teams of insurance companies or the defendants.

When you first meet with your lawyer, ask them about their track record of success. Also, ask them how many years of experience they have with mesothelioma cancer patients.

Will you work with my medical care team?

If you recently received a mesothelioma diagnosis, you are probably terrified. The prognoses for these illnesses are not favorable. You want to ensure you choose a mesothelioma law firm that prioritizes your medical care.

Mesothelioma patients are often required to visit their doctors more often than other personal injury plaintiffs. Whether you’ve been diagnosed with mesothelioma, asbestosis, or lung cancer, your treatment plan will be intense. Your attorney should help you manage your care and your medical bills.

Have you litigated a mesothelioma claim or class action?​

Plaintiffs filing asbestos claims don’t want a first-time attorney handling their claim. Mesothelioma victims do not have time on their side. Your attorney must work quickly and diligently to resolve your case.

If you have a terminal diagnosis, you’ll want the best mesothelioma lawyer to represent you. They understand how important it is that you settle your claim quickly. At the same time, there is always a chance that your case will go to trial. If so, you want to hire an asbestos law firm that has litigated asbestos lawsuits before.

How can I connect with you throughout the legal process?

Many plaintiffs discount the importance of having a good relationship with their attorney. You and your family members will have to spend a great deal of time working with your lawyer. You want to make sure you connect with them on a personal level.

You may be dealing with a wrongful death claim if your loved one has passed away. Your family may be entitled to significant financial compensation. You want an attorney in your corner who will fight to get you the compensation you deserve.

If your attorney negotiates a mesothelioma settlement, you want to make sure they consult you at every turn. If the case goes to trial, mesothelioma clients may not have the final say. You want to communicate your goals and expectations early in your case.

Your attorney should be responsive to your messages. You may need to find a new lawyer if your attorney doesn’t answer your calls, texts, and emails.

Legal claims based on asbestos exposure can be highly complex. You will have questions along the way. You need someone in your corner who respects you enough and is invested enough in your case to return your calls.

Will you personally manage my mesothelioma claim?​

The last thing you want to see in your mesothelioma claim is your lawyer hand your file to an inexperienced lawyer who has never experienced asbestos litigation.

Your attorney may assemble a legal team to help them confer with medical experts and gather documentation. However, it is still important to confirm that the lawyer you want will personally handle your case. It doesn’t matter how experienced they are if they won’t be the one handling your lawsuit.

Are your legal fees based on winning my case?​

One of the benefits of hiring a mesothelioma lawyer is that they do not charge anything upfront. Personal injury attorneys work on what’s called a contingency basis. They are not paid until you settle or resolve your claim.

Your attorney will receive their contingency fee once your case settles. Your settlement may be with the defendant, their insurance carrier, through a trust fund claim, or from an asbestos trust fund. You pay your attorney a percentage of your total settlement or judgment. When you first meet with your attorney, they’ll explain their contingency fee.

You must also sign a contingency fee agreement documenting how much your lawyer will be entitled to should they win or settle your case.

If you don’t win your case, your attorney receives nothing.

What other legal costs may I expect?

There will be numerous court fees, filing fees, and other legal costs throughout your case. The law firm will typically pay and recoup these fees from your settlement or judgment.

When you first meet with a potential attorney, ask them about any other fees and costs. Be wary if they aren’t transparent about these costs. Any reputable mesothelioma or asbestos attorney will have no problem divulging any upfront fees.

Some of the legal costs the law firm will cover include the following:

• Filing fees for your initial complaint, motions, etc.
• Postage and copying fees
• Expenses for personal service of summons and complaint
• Court reporter fees for depositions
• Expert witness fees
• Any travel, meals, hotel, etc., for witnesses and experts

Each case is unique, so listing all potential costs here is impossible. Whatever these costs are, the law firm will pay them and recover them from your settlement proceeds. You pay these costs and fees after your attorney takes their contingency fee. You pay your attorney their fee before you pay anything else.

Where To Start: Find Top Mesothelioma Lawyers Near You

If you’re suffering from an asbestos-related illness or mesothelioma, your lawyer and doctors will be among the most important figures in your support network. Establishing your legal team early on promotes a strong case with the most favorable outcomes.

You want to give your attorneys plenty of time to prepare your case. You also need to file your lawsuit before the statute of limitations period expires.

FindLaw’s directory of asbestos and mesothelioma attorneys can get you started. Select your state or city to review contact and ratings information for local experts. Your search results will also link you to additional details about the attorneys’ experience with asbestos cases.