Finding the best Asbestos Mesothelioma Lawyers and Attorneys

Finding the best Asbestos Mesothelioma Lawyers and Attorneys

It's easy to find a mesothelioma attorney. What's not easy is finding one who has the expertise, knowhow, skill and backing to win your case. When it comes to hiring a mesothelioma attorney, you don't want an average attorney; you need an attorney who is skilled in the complexities of asbestos-related law, is current on the latest legal proceedings and can maneuver around a courtroom with skill and finesse. You need an attorney will take your special circumstances under consideration when filing a claim and will treat you like a person, not a court case.

A diagnosis of mesothelioma can be devastating and overwhelming for an entire family. Caused by asbestos exposure, mesothelioma is known to take 20 to 50 years to manifest. And by the time it's diagnosed, the treatment options are often very limited. This leaves families devastated, not just from the emotional despair a terminal illness brings but also the huge financial burden.

It is important to remember that many states have statutes of limitation for filing lawsuits, which only allow patients and their families a set period of time to file a claim following a diagnosis. In some states, that timeframe is as short as one year. That's why it is important to act as soon as possible after a diagnosis.

In searching for your best mesothelioma lawyer, there are certain things to keep in mind:

1. Ask your potential attorney a lot of questions. Don't be afraid to inquire about the attorney's college background and work experience. Find out exactly how many cases the attorney has handled. Make sure your attorney is skilled in the area of asbestos law and the intricacies around it.

2. Determine the outcome of the attorney's cases. It's not good enough just to know your attorney has mesothelioma court experience. You need to be sure those cases were successful. Determine how many cases have gone to trial and find out about out-of-court settlements. Find out how many of the cases are under appeal.

3. Ask about the attorney's availability and openness. It is important to work with an attorney who will have time for you. Find out if they will answer your calls directly or have a colleague answer them.

4. Ensure your case will be take on a contingency basis. Because these case can be expensive to investigate and organization, ensure that you won't have any out-of-pocket expenses. Most qualified attorneys will take your case on a contingency basis, only taking payment if you get a financial settlement.

5. Discuss the possibility of filing a private lawsuit over a class action. Often, private lawsuits have better financial outcomes, but class actions may also have benefits. Talk to the attorney about the pros and cons of both.

Asbestos Mesothelioma Claims

Asbestos Mesothelioma Claims

For decades, asbestos was sought after for its near-magical heat-, chemical- and fire-resistant properties. It was utilized in countless industries, from construction to the military. But when asbestos fibers settle in the lungs, they cause a slow and steady inflammation that can lead numerous deadly diseases including mesothelioma. Today, mesothelioma victims by the thousands are filing claims against the employers who carelessly and crassly put them at risk. Today, many of those victims have received millions of dollars from their claims.

For some mesothelioma victims, filing a claim may be a frightening and overwhelming process; for other victims, it may be liberating and therapeutic. For all of the victims, filing a claim can help pay for huge medical bills and mounting household expenses. Mesothelioma claims can help with lost wages, lost future earnings and overall financial security.

Even though asbestos and asbestos abatement are highly regulated, many workplaces simply ignore federal regulations regarding working with this toxic mineral. Some workers aren't provided with the proper protective gear, including facemasks, to protect from the dangers. Others aren't given the full information about the scope of their work. Others still may suspect possible problems but do what they're told without question because they depend on their jobs to pay the bills. Already, asbestos has claimed more than 200,000 lives in the U.S. and millions more worldwide. Every year, about 3,000 new mesothelioma cases are diagnosed in the United States alone.

Filing a Claim

There are several claim options for injured workers to pursue when seeking financial assistance for injuries. Some do not provide adequate financial help however:

Workers' compensation — In some states, mesothelioma claims are considered an occupation illness and automatically qualify for workers' compensation. However, some state workers' comp systems require the victims to give up the right to sue the employer. And workers' comp often does not offer ample financial gains, leaving the injured worker and family struggling to make ends meet.

Veterans benefits — For the mesothelioma victims who served in the military, there are some compensatory claims options. However, the paperwork to file a claim is known to be complicated and confusing.

Bankruptcy trust — Because so many at-fault companies have since filed for bankruptcy protection and gone out of business after being found negligent, courts required trusts be established for injured workers. Filing a claim against the trust requires documented evidence of an asbestos-related injury. The trustees who manage the asbestos trust and your attorney negotiate an equitable settlement based on the extent of injuries and laws guiding the trust.

Litigation — For many mesothelioma victims, filing a court claim is the most successful route to sufficient financial compensation. Depending on your case and your attorney's expert advice, you may sue the injurious company for personal injury or wrongful death.

Financial Assistance for Mesothelioma Victims

 

No matter the route asbestos victims and their attorneys choose to take, it is important to remember that acting quickly is the key to a successful outcome. Because many states limit the amount of time to file a claim, sometimes just 12 months after the initial mesothelioma diagnosis, it is important to speak to a mesothelioma attorney today.

Asbestos Mesothelioma Settlements

Asbestos Mesothelioma Settlements

With nearly one million mesothelioma victims filing court complaints since the early 1930s, many mesothelioma lawsuits don't wind up in the courtroom; they end up in settlement talks.

Mesothelioma, a disease that is almost exclusively the result of asbestos exposure, is known to strike hard after a 20- to 50-year latency period. Most victims unwitting come in contact with asbestos in the workplace and accidentally bring the dangerous fibers home to contaminate family members as well. In many cases, the employers didn't do enough to protect workers and their families from the deadly asbestos fibers.

With an increasing number of mesothelioma victims coming forward each year, many at-fault companies realize that it's easier and more cost effective to settle a case rather than go through tedious and costly court proceedings. More and more lawsuit settlement talks actually begin shortly after an initial court complaint is filed.

How Much are Settlements Worth?

For most mesothelioma victims, the key question in filing a court complaint is the settlement amount. After all, this sum is expected to help pay for mounting medical bills, household expenses, lost wages and is also aimed at helping family members in the future. This is money that every mesothelioma victim deserves after being forced into a deadly medical situation as a result of corporate greed.

The amount of the settlements varies greatly from patient to patient, from several hundred dollars to several million. Often, settlement terms are kept confidential, but there have been some high-award cases in recent years:

A $43 million settlement was awarded to more than a thousand asbestos victims in a Montana town after it was found that dust from a mine was killing the residents.

A $1.7 million settlement was awarded to a former Buffalo, New York police officer who was exposed to asbestos in city buildings.

A $7.5 million settlement was awarded to a former Marine machinist. He was exposed to asbestos while working in a variety of naval shipyards and submarines.

While it's difficult to predict how each individual case will turn out, settlements have become the norm in mesothelioma cases. Because of this, defendant companies often try to pay a lower sum than is appropriate. That's when it's most important to have an expert attorney on your side who is skilled in asbestos litigation.

The Settlement Process

The asbestos settlement process begins like any other asbestos court case. A skilled mesothelioma attorney will prepare court documents, file them in the appropriate courthouses and prepare the case for a judge and jury. This initial preparation includes taking depositions, researching the defendant company's history and determining the best path for a jury trial.

Sometimes, defendant companies will want to immediately settle, especially if the company has been the focus of other public trials that ended with large jury awards. Often, the initial settlement offer is not adequate and much less than the victim deserves. This is just one example of how an experienced mesothelioma attorney will be helpful. Only an attorney who is skilled in the intricacies of mesothelioma litigation will know what kind of settlement is appropriate.

If no settlement offer is reached immediately, it could easily happen just minutes before a trial is ready to start or even during a trial. Attorneys for both sides will sit down and negotiate a fair financial resolution based on your injuries and the amount of pain and suffering inflicted on you and your family.

Diagnosis of Asbestos Mesothelioma

How is asbestos mesothelioma diagnosed?

Diagnosing mesothelioma is often difficult, because the symptoms are similar to those of a number of other conditions. Diagnosis begins with a review of the patient's medical history, including any history of asbestos exposure. A complete physical examination may be performed, including x-rays of the chest or abdomen and lung function tests. A CT (or CAT) scan or an MRI may also be useful.

A biopsy confirms a diagnosis of mesothelioma. In a biopsy, a surgeon or a medical oncologist removes a sample of tissue for examination under a microscope by a pathologist.

Mesothelioma is described as localized if the cancer is found only on the membrane surface where it originated. It is classified as advanced if it has spread beyond the original membrane surface to other parts of the body, such as the lymph nodes, lungs, chest wall, or abdominal organs.

How to choose a good Asbestos Mesothelioma Attorney or Lawyer?

How to choose a good Asbestos Mesothelioma Attorney or Lawyer?

When you have been given the news about this terrible disease, you may not feel that you have the time to deal with the legal questions - Should I talk to a lawyer? Should I file a claim? However, you should not wait too long to learn about your legal rights for at least three reasons:

Statutes of Limitations - There are statute of limitations which means you only have a limited time to file your case after diagnosis. The statute of limitations time period is set by individual states and varies. The clock usually starts ticking on the day of diagnosis.

Financial Pressure - A mesothelioma diagnosis can bring financial stress, less income, more expenses, and treatments that are not covered by insurance. Knowing that money may be on the way from filing a claim can bring financial relief.

Lawyers Can be Excellent Resources - The more experienced mesothelioma lawyers and law firms can often be excellent sources of information about various doctors and treatment options available for this disease.

But, picking a lawyer is serious business and you should not use TV ads as the reason to hire an attorney. Actual credentials are what counts. For example, what type of accomplishments has the law firm achieved? How committed are they to mesothelioma/asbestos cases? Are these cases a substantial part of their practice or just a small piece? How many other cases like yours have they handled?

Also, make sure you understand the fees being charges. Contingency is the term that means that the lawyer gets paid only after they collect money for you. The amount of the contingency fee that your lawyer can charge varies and is usually between 33% and 40%. It is important to discuss fees openly, ask what services they cover, how they are calculated, and whether there will be any extra charges.

Finally, for something as important as a mesothelioma lawsuit, your attorney should not only be experienced, skilled, and dedicated, but also a trusted partner who understands that your health needs always take precedence. The best lawyers are those that are not only expert at what they do, but are also caring, supportive, thoughtful and compassionate.

Asbestos Mesothelioma Lawsuit Statute of Limitations

Asbestos  Mesothelioma Lawsuit Statute of Limitations

How Long do I Have to File a Claim?

A statute of limitations applies to any lawsuit.  The statute of limitations is the amount of time a claimant has to file a suit.  Once the statute of limitations has run out, the victim can no longer file a lawsuit.

What is the Statute of Limitations for a Mesothelioma Lawsuit?

With mesothelioma lawsuits the statute of limitations varies from state to state.  Mesothelioma lawsuit statutes of limitation often differ from the statutes that apply to other types of personal injury claims because the latency period of this type of cancer is so long.  Patients can end their asbestos exposure years before they show any mesothelioma symptoms, so the statute of limitations for a mesothelioma lawsuit usually begins at the time of diagnosis. Though the statute of limitations for a mesothelioma lawsuit is different in every state, the average mesothelioma victim has 1 to 2 years to file a claim.

Mesothelioma Wrongful Death Lawsuit Statutes of Limitations

In cases where the mesothelioma patient has passed away, his or her surviving family members may choose to file a wrongful death lawsuit against the parties responsible for the decedent’s exposure to asbestos.  As mesothelioma is an entirely preventable type of cancer, and many employers and manufacturers knew of the risks of asbestos exposure for the last century, these negligent parties can be held accountable for the death of their employees and customers due to an asbestos-related disease.  As with the statute of limitations for a mesothelioma lawsuit, the statute of limitations for a wrongful death lawsuit varies from state to state.

Asbestos Mesothelioma Lawsuit Eligibility

Asbestos Mesothelioma Lawsuit Eligibility

Medical evidence from as early as 1900 attests to the knowledge that asbestos exposure leads to lung cancer and other illnesses such as asbestosis and mesothelioma.  Unfortunately, asbestos mining was not discontinued in the United States until 2002 and persists in other parts of the world today.  Even the U.S. Navy used significant amounts of asbestos in its ships until the 1970s.  People who were harmed by exposure to asbestos and the family members of people who have died from asbestos-related diseases are eligible to bring action against those responsible for asbestos exposure.

Types of Asbestos Exposure

There are 2 ways a person can be exposed to asbestos: occupationally and non-occupationally.

Occupational exposure is the most common type of asbestos exposure. There are certain jobs that have a high risk of asbestos exposure, such as:

• Asbestos miners
• Navy Veterans
• Armed Forces Service Members
• Painters
• Plastic manufacturers and the workers who used these products
• Makers of heat-resistant fabrics or clothing
• Ceiling and floor tile workers
• Shipyard workers
• Boat builders
• Electrical workers
• Building engineers
• Drywallers
• Construction workers
• Automobile plant workers
• Automobile mechanics
• Construction workers
• Demolition crews
• Custodians
• Railroad workers
• Sheet metal workers
• Rubber workers
• Warehouse workers

Non-occupational exposure to asbestos is not as common as occupational exposure, but it does happen.  Individuals who live near asbestos mines, asbestos plants, or in an area where asbestos naturally occurs may have inhaled or swallowed asbestos particles.  Additionally, family members of individuals who work in the above-mentioned industries may be exposed to asbestos brought into the home on clothing, hair or skin.

Asbestos Mesothelioma Attorneys

If you have been diagnosed with mesothelioma as a result of exposure to asbestos, you may be eligible to file a mesothelioma lawsuit against the parties responsible for your exposure.  Likewise, if you have lost a loved one to mesothelioma, you may also be able to file suit.