Mesothelioma and Asbestos Lawyers
Mesothelioma attorneys understand asbestos legal issues
and the unique challenges asbestos victims face. We offer information
on what to expect when working with a mesothelioma lawyer, as well as
help finding a qualified mesothelioma attorney for your case.
Compensation for Mesothelioma Victims
Gain access to trust funds, grants and other forms of compensation for you or your loved ones.Get Help Now
Successful asbestos ligation requires an attorney who understands the
many facets of the case, from how people get exposed to asbestos to the
state-by-state regulations about filing lawsuits, to the fragile nature
of many clients. Often, people who inquire about an asbestos-related
claim are people who are also coping with mesothelioma cancer and all
the health issues that go along with treatment.
Choosing a lawyer to represent you in depositions and in legal
filings can be as important to your family's future as selecting the
right doctor. If were you exposed to asbestos and you got sick as a
result, you have a right to stake a claim for compensation.
The dangers and toxicity of asbestos were well-known in the 1930s,
yet corporations continued using it extensively through much of the 20th
century. They willingly put profits ahead of the health and well-being
of employees and the public. An experienced asbestos lawyer will know
how to hold those corporations responsible.
Tips When Looking For an Asbestos Litigation Specialist
You should consider several things when you start to evaluate
the hiring of an attorney. You want to find someone with whom you feel
comfortable talking because you will be discussing intimate details
about your health and about where you used to work. Although your lawyer
likely will know all the right questions to ask you, good communication
is essential.
You should not restrict yourself to your community. Your case may not get filed in the state where you live.
Qualified attorneys in this area of the law have practices in many states and understand your cancer prognosis.
Lawyers should be aware of the importance of collecting information early on in the process.
Before You Hire an Attorney, You Need to Determine if He or She:
Has a proven track record with asbestos lawsuits (large settlements and winning verdicts).
Has experience filing claims with asbestos trust funds.
Has the ability to travel to you to gather information.
Has the ability to evaluate your potential compensation based on the facts of your case.
A trustworthy attorney will never guarantee you an outcome, a settlement or a successful jury verdict.
Find a Mesothelioma Attorney
Affording an Attorney
In the area of asbestos lawsuits, attorneys work on a
contingency fee basis. You pay nothing until you receive compensation,
and nothing at all if your case is not successful. There is very little
risk to you. Contingency fees protect you because they usually are based
on a percentage of any compensation you receive. Be sure to discuss
this percentage during your first meeting with an attorney.
Contingency fee basis means you pay nothing unless you receive compensation.
How Attorneys Help in Asbestos Cases
Mesothelioma claims
are different from other workplace injuries in a couple of ways. They
fall into a special area of the law because the injuries that are in
question do not typically occur because of an accident or sudden event.
Instead exposure to asbestos takes place over time, with an illness
developing 20 to 50 years later. This is why a qualified mesothelioma
attorney makes sense for someone considering litigation or a trust
claim.
Questions to Ask When Choosing Your Attorney
Do you have an asbestos claim?
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.
Looking for a Mesothelioma Attorney?
Our Patient Advocates are available to answer your questions and help you find an experienced attorney.
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Filing a Claim
Tim Povtak talks about why choosing a mesothelioma attorney is important.
Asbestos Exposure and Negligence
Because the disease is preventable - asbestos exposure usually is caused by someone else's negligence - legal options may be available to help recover these costs. Learn more about asbestos exposure:
Occupations at Risk of Asbestos Exposure
Products Containing Asbestos
Obtaining Compensation
Mesothelioma lawsuits have helped thousands of victims receive
financial assistance. The ultimate goal is to put money in the hands of
someone who deserves it - someone who needs help reducing financial
hardships during an illness and providing a more stable future for loved
ones.
Every claim is different, and an experienced attorney will treat each client individually. This is not class-action law. A good attorney can explain what types of compensation are available specific to your individual case. It is important to save all your medical and financial records so that your lawyer can have up-to-date information about your expenses.
Every claim is different, and an experienced attorney will treat each client individually. This is not class-action law. A good attorney can explain what types of compensation are available specific to your individual case. It is important to save all your medical and financial records so that your lawyer can have up-to-date information about your expenses.
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
- Caregiver costs
- Funeral expenses
$32 Billion in Trust Funds Remaining
Our team can you help you understand how these funds help compensate victims of asbestos exposure.
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Mesothelioma Lawsuits: Different Types
There are two types of asbestos injury cases. A lawsuit filed by an
individual suffering with an asbestos-related illness is a personal
injury claim. A lawsuit filed by the family of someone who has passed
away from an asbestos-related disease is 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.
Most mesothelioma lawsuits are between people who had direct
exposure (also known as primary asbestos exposure) and the manufacturers
of asbestos products. There also are cases of secondary exposure. A
person can be exposed by a family member who unknowingly brings home the
asbestos fibers on his clothes from a workplace. A mesothelioma lawyer
can help understand if you, too, should file a claim.
Personal Injury Claim
A lawsuit filed by an individual suffering with an asbestos-related illness.
Wrongful Death Suit
A lawsuit filed by the family of someone who has passed away from an asbestos-related disease.
Overall, asbestos litigation is
regarded as the longest, most costly mass tort in U.S. history. Legal
analysts calculate that there have been more than 600,000 plaintiffs,
more than 6,000 defendants, and a total outlay for the lawsuits reaching
$200 billion.
Although many asbestos companies have gone out of business,
there remains an estimated $32 billion in trust funds designed to
compensate victims of asbestos exposure.Furthering Asbestos Claims Transparency (FACT) Act
The U.S. House of Representatives in 2013 passed the Furthering Asbestos Compensation Transparency (FACT) Act,
much to the dismay of the asbestos victims and mesothelioma advocate
groups. The legislation, if it clears the Senate and the White House,
would impose unnecessary, burdensome reporting requirements on asbestos
bankruptcy trusts and threaten victims' privacy. It also would bring
more attention to meritless accusations of widespread fraud among
asbestos victims who seek compensation for their injuries.
Hopefully, recent political developments won't dissuade asbestos victims from exercising their rights to seek legal compensation for their injuries. A recent verdict from an Ohio jury demonstrated that defendants should be held accountable for injuring innocent victims, including victims of secondary asbestos exposure. The jury awarded $27.5 million to a 40-year-old mesothelioma patient who was exposed to asbestos fibers as a child from his father's work clothes. The verdict was reported to be the largest of its kind in Ohio.
Hopefully, recent political developments won't dissuade asbestos victims from exercising their rights to seek legal compensation for their injuries. A recent verdict from an Ohio jury demonstrated that defendants should be held accountable for injuring innocent victims, including victims of secondary asbestos exposure. The jury awarded $27.5 million to a 40-year-old mesothelioma patient who was exposed to asbestos fibers as a child from his father's work clothes. The verdict was reported to be the largest of its kind in Ohio.
Additional Resources
Free Mesothelioma Information Guide
Free VA Claims Assistance
Support Group for Patients
Author
Tim Povtak
Tim Povtak is an award-winning writer
with more than 30 years of reporting national and international news.
His most recent experience is in researching and writing about asbestos
litigation issues and asbestos-related conditions like mesothelioma. If
you have a story idea for Tim, please email him at tpovtak@asbestos.com