MESOTHELIOMA AND ASBESTOS LAWYERS

HOW MUCH DOES IT COST TO HIRE A MESOTHELIOMA LAWYER?

Asbestos and Mesothelioma lawyers generally work on a contingency fee basis. This means they only receive compensation if and when you do. You do not pay out-of-pocket expenses during the litigation. If you win or receive a settlement, the attorney receives a percentage of your compensation. The contingency fee is determined when you hire your attorney.

HOW MUCH TIME DO I HAVE TO MAKE A MESOTHELIOMA OR ASBESTOS-RELATED CLAIM?

The statute of limitations, or time limit for making a legal claim, depends on the state in which you live. Your opportunity to make a claim begins to count down once a doctor diagnoses you with the illness.

For that reason, we recommend contacting our team of attorneys immediately.

Fill out the quick form on this page or call 1-800-CALL-SAM today for a free, no-obligation consultation.

HOW LONG WILL MY CLAIM LAST BEFORE I GET RELIEF?

In many jurisdictions, mesothelioma claims are treated urgently and given high priority. This is particularly true if the claimant is alive. However, there is no set time frame for asbestos cases. In some states, the entire case can be resolved within four to five months. In other areas, it can take longer. Even in cases where it takes longer, some settlements are reached early. Your mesothelioma attorney may be able to expedite your case if you are at an advanced stage of cancer.

A FAMILY MEMBER DIED FROM MESOTHELIOMA AS A RESULT OF ASBESTOS EXPOSURE. CAN I FILE A CLAIM FOR THEM?

Most states allow a spouse and other family members of a person who has passed away from mesothelioma to bring what is called a "wrongful death case." However, there is a limit to the amount of time you have to file a suit, and in some states a probate court must first officially name the personal representative of the estate of the deceased person. It is important to take action as soon as possible to make sure your legal rights are protected.

I DON’T KNOW HOW OR WHERE MY ASBESTOS EXPOSURE HAPPENED. CAN I STILL FILE A CLAIM?

Yes. If you are not sure who is responsible for your asbestos exposure, you can still file a claim. Your lawyer will investigate where you were exposed to asbestos and which companies are responsible for your illness. If more than one company is at fault, each is usually assigned a percentage of the damages. Your attorney will gather all of the information needed to file your claim.

WHAT IS EXPECTED OF ME IF I PURSUE A CLAIM?

We know that your health needs come first, and we try to make the legal process as easy as possible for you. We will travel to your home to meet with you, rather than having you travel to our offices. We will work around your doctors’ appointments and treatment schedule. Much of the paperwork can be handled by mail or email.

If a case is filed, in order to evaluate your claim, the companies that you sue will want to develop information about you before they offer money to settle or choose to respond to the lawsuit. Your lawyers will help you provide the necessary information to those companies.

You might also be asked to give a deposition to preserve your testimony in case you are unable to testify. Your lawyers will assist you in preparing for the deposition and will be at the deposition to defend you. They will come to you and represent you through the entire litigation process. Your deposition can take place in your home or at another location convenient for you.

WHAT HAPPENS IF I PASS AWAY BEFORE MY CASE IS RESOLVED?

If you are in poor health, you can petition the court for an expedited case process. If an asbestos-related disease takes your life during the case, the case comes to a halt, and your family members will have an option to resubmit the claim as a wrongful death suit. Your estate will act in your place and divide any award among your surviving family members.

IF MY FORMER WORKPLACE DECLARED BANKRUPTCY, CAN I STILL FILE A CLAIM?

Many law firms are fighting to challenge bankruptcies that corporations try to use as a shield against financial exposure to asbestos or asbestos-related disease claims such as mesothelioma cases. An experienced team of researchers can find out to whom the business you worked for was sold or merged. The company debts and liabilities are routinely transferred in a transaction. Also, an attorney can trace the manufacturer and installer of the asbestos at your work site.

Many currently bankrupt companies that produced asbestos products were required to establish a fund to compensate asbestos exposure victims. The amount of compensation you might receive through a bankruptcy trust fund is usually less than what you might have recovered had the company not filed for bankruptcy, yet it might be your only option for compensation. Your lawyers will evaluate your case and file for compensation through bankruptcy trust funds if you are eligible.

CAN I GET DISABILITY OR WORKERS COMPENSATION FOR A MESOTHELIOMA DIAGNOSIS?

If you are diagnosed with mesothelioma, you can apply for expedited Social Security Disability benefits. You may also be eligible for workers compensation benefits. Each state’s laws vary and your state workers compensation board can provide more information. A mesothelioma attorney can also help you consider your options.

WHAT HAPPENS ONCE I FILE A MESOTHELIOMA CLAIM?

Although we will tailor our handling of each mesothelioma lawsuit to meet your individual circumstances and needs, you can generally expect the following:

RESPONSES

Each defendant in your lawsuit will receive a copy of your complaint and have the chance to respond. Because many years have likely passed since you were exposed to asbestos, the responsible company could now be a different company or could be bankrupt. It may take some time to locate and provide the appropriate people with your complaint. Your attorney will oversee this process.

Once served with a copy of your complaint, each defendant will have a certain amount of time to respond, usually 30 days. Understand that defendants rarely admit fault. They will most likely deny your claims and defend themselves. They may argue that your complaint is not valid or that someone or something else is responsible for your asbestos exposure. They may even claim that your condition is not related to asbestos exposure. Don’t worry. This is normal. Your attorney will reply to each defendant’s responses.

DISCOVERY PHASE

Once your mesothelioma lawsuit is filed, we enter the discovery phase. This is when lawyers on both sides gather relevant information about your allegations. Both sides will ask the other to answer written questions, produce documents and participate in depositions. We can direct written questions to each of the asbestos companies about your specific case. Documentation may include your medical, employment, and military records.

Your attorney will prepare your responses to any written questions and document requests. Your lawyer will also go over likely deposition questions with you in advance and be present to assist you during the deposition. In addition to helping you respond to discovery requests, your lawyer will also make similar demands to the defendant for information supporting your claim that the defendant negligently exposed you to asbestos.

The purpose of the discovery phase is (1) to prepare for a jury trial and (2) to gather information for settlement discussions between the lawyers for the asbestos companies and our office on your behalf. Some of the information gathered will become the evidence used at trial. Discovery may take several months, but if you are very ill, your attorney can ask the court to speed the process along before your condition worsens.

SETTLEMENT OR TRIAL?

Before a trial starts, a defendant may offer to resolve the case by offering you money. If you decline the settlement offer, it’s possible the defendant will make another offer during trial. Your attorney will negotiate on your behalf.

Depending on the outcome of certain past cases, some asbestos companies will offer reasonable settlements very quickly. Other settlement offers are made once the discovery phase is nearing completion.

Asbestos defendants will sometimes settle before starting trial. Your asbestos lawyer will notify you every time a company makes a settlement offer, and either recommend that you accept or reject these offers, and explain why. The final decision to accept or reject the offer is up to you. Even if you accept reasonable settlement offers from most of the asbestos companies, you can still go to trial against any company that does not make an appropriate offer.

DEPOSITIONS

Approximately three months after initial contact with your lawyer, you will be deposed by one of your attorneys and the attorneys for the asbestos manufacturers. You will be videotaped offering testimony under oath, but out of court, either in or near your home. One of your attorneys will travel to your home prior to your deposition to help you prepare. The actual length of the deposition can vary, depending on the complexity of your case, but usually lasts between one and five days.

THE TRIAL

If one or more defendants refuse to offer a fair settlement, you may choose to go to trial. Many companies will settle during the beginning of trial. Few cases go all the way to obtaining a jury verdict; the rest settle with all of the companies before or during trial. A jury trial usually lasts from three to six weeks. We have been successful in getting large jury verdicts for many of our clients whose asbestos lawsuits did go to trial.

The trial process varies depending on where you file a claim. In many cases, it is not necessary for you to appear in court. If you win and the defendant does not appeal, you will usually start receiving payments a few months after the trial.

APPEALS

If you win the trial, the defendant may file an appeal. The defendant will have a limited amount of time to file an appeal, usually between 30 and 180 days. This will delay any monetary award, but the defendant will need to post 'bond' for the amount awarded while the appeal proceeds. If the defendant loses its appeal, you will start receiving payments. If the appeal is successful, the defendant may only need to pay a smaller amount or nothing at all.

An appeals court generally accepts the facts of the case as the trial judge and jury interpreted them, including how credible the jury thought certain witnesses were. Usually the only thing an appeals court decides is whether the trial court correctly applied the law in the case. If a mistake was made that affected the result of the trial, the appeals court may order a new trial. In other cases, the appeals court will just correct the mistake without a new trial, such as when the amount of the award was calculated incorrectly. If your case is appealed, your attorney will be available to explain the process to you.

WILL MY MESOTHELIOMA CASE BE SETTLED OR GO TO TRIAL?

Many claims never go to trial because the companies settle before trial. Of course, each case is unique and there is always the chance that your case may go to trial. Sometimes the parties reach a settlement after the trial starts. Your attorney will advise you throughout the case process.

If the claim goes to trial, you will not have to travel. Your mesothelioma lawyer will come to you to perform an interview, record your deposition, and will go to court on your behalf.