GOVERNMENT INFORMATION ON MESOTHELIOMA

The Truth Not Told By The Wall Street Journal

Today the Wall Street Journal published an article about the civil justice system that was obviously slanted and anything but fair and balanced journalism. Cynics argue that the article echoed the agenda of the Chamber of Commerce and ALEC to delay and deny the wrongfully injured their right to fair compensation. Whatever the motive, the following article tells the truth and sets the record straight .
The following is taken directly from http://www.takejusticeback.com/node/126.
On March 11, 2013, the Wall Street Journal published an article that fits neatly in the play book of Big Asbestos’ campaign to avoid compensating the asbestos victims they deliberately harmed by vilifying the victims and accusing them and their families of “fraud.” The goal of this campaign, led by asbestos corporations, their insurers and their front groups, is to delay and deny until asbestos victims die.
Rather than focusing on these victims and their families who have been devastated by asbestos disease, the WSJ article perpetuates the same deceptive and inaccurate claims about the asbestos trusts that Big Asbestos has been campaigning on for years. At no point does the article claim to have actual evidence of widespread fraud; instead, the article relies on unnamed, unidentified “politicians, judges and defense lawyers” that claim that the “opportunity for abuse flourishes.” What the WSJ’s data analysis does show that the trusts have a very low error rate and are operating efficiently, especially for such a massive system.
These unfounded accusations are used by Big Asbestos to push legislation at the state and federal levels that would add significant time and costs to the justice process for victims. The following are some of the most deceptive claims in the article:
Myth: There are too many asbestos lawsuits and claims.
Fact: There are many asbestos lawsuits and claims because Big Asbestos knowingly exposed millions of Americans to this deadly product and covered up the dangers for profit. Asbestos has killed hundreds of thousands of Americans and 10,000 more are killed each year. Lives could have been saved and lawsuits prevented if Big Asbestos was transparent about the dangers decades ago.
Myth: Asbestos victims recover windfalls of money from asbestos bankruptcy trusts.
Fact: The majority of asbestos victims are grossly undercompensated for the astronomical medical costs and loss associated with asbestos disease.
Asbestos corporations that admitted they are responsible for killing thousands of Americans have taken advantage of a special bankruptcy process that allows them to shed all of their asbestos liability through the creation of a trust and go on to make huge profits. The trusts were underfunded by the corporations when they were created and the number of people made sick by asbestos was underestimated. As a result, asbestos victims only recover pennies on the dollar from those trusts. Even the asbestos-industry funded RAND study found that most “trusts do not have sufficient funds to pay every claim in full.” The median payment percentage to victims is 25 percent, but some trusts pay as low as 1.1 percent of the value of a claim.
Myth: Asbestos victims are inappropriately recovering from multiple asbestos corporations.
Fact: Most victims were exposed to multiple asbestos products. Multiple corporations are responsible and should be held accountable for their portion of the blame. State laws exist to ensure that every defendant, whether a traditional defendant or a trust, only pays its share of liability. Defendants routinely seek and are awarded off sets in accordance with state law.
Myth: Fraudulent claims run rampant in the asbestos trust system.
Fact: First, there is no record of fraud and abuse in the trust system. In fact, the Government Accountability Office (GAO) looked into this question and found none. Additionally, at no point does the WSJ article claim to have actual evidence of systemic fraud. Instead, the the article relies on unnamed, unidentified “politicians, judges and defense lawyers” that claim that the “opportunity for abuse flourishes.”
Second, human error in data entry is not fraud. It is a misinterpretation of the data to conclude that data entry cases constitute fraud. Even if the WSJ’s numbers are accurate, they only prove that out of the millions who have filed claims with asbestos trusts, the error rate is 0.42%, an amount far lower than similar large trust systems. What the WSJ’s data analysis does show is that the trusts have a very low error rate and are operating efficiently, especially for such a massive system.
Myth: Federal legislation is necessary to prevent fraud and abuse in the trust system.
Fact: Federal legislation is unnecessary and offensive. Proposed federal legislation would require private asbestos trusts to publicly release extensive individual information about asbestos victims and would slow down asbestos cases by allowing asbestos defendants to bury the trusts in information requests, no matter how unnecessary or irrelevant.
Asbestos corporations are already able to obtain all relevant information without this legislation. State courts can and routinely do demand that both sides turn over all information relevant to a pending action. The WSJ article admitted that judges across the country have granted defense requests to subpoena bankruptcy trusts. The article notes that corporations that have been found guilty by jury of knowingly killing Americans want the additional data from the trusts so they can save “hundreds of millions of dollars in jury verdicts.” What asbestos defendants really want, beyond what they can get now, is information irrelevant to a case that would only serve to delay compensation to victims and shift blame. In other words, asbestos defendants want to delay and deny until the asbestos victim dies.
Myth: Trusts are ripe for fraud because they do not require any real proof from claimants.
Fact: Asbestos corporations that have taken advantage of the trusts system already admit that their products are responsible for asbestos diseases. The only proof claimants need to show is that they were exposed to that corporation’s asbestos and that they are sick with asbestos disease. The trusts examine evidence of claims before payments are made and according to GAO, trusts have a system in place to address allegations of fraud. Additionally, state courts are fully equipped to handle such allegations.
Myth: There is no limit to how many trusts a person can tap.
Fact: Claimants must prove they were exposed to the corporation’s asbestos product and that they were harmed by that exposure in order to file a claim with that corporation’s trust.

Mesothelioma: Canada Finally Stops Supporting the Killing Machine

Published: September 17, 2012
by Bill Chappell
Canada’s leaders have ended their country’s longstanding resistance to asbestos being called a dangerous material under United Nations guidelines, a decision that reflects a shift in the leadership of Quebec province, home of Canada’s asbestos industry.
Quebec’s incoming premier, Pauline Marois, promised late in her campaign that she would shut down the region’s asbestos mines for good. She says that she will use money that would have gone to restart the mines to diversify the local economy.
As Dan Karpenchuk reports for NPR’s Newscast unit:
“Canadian industry minister Christian Paradis made the announcement in the town of Thetford Mines, in the heart of Quebec’s asbestos belt. He blamed the incoming separatist government in Quebec for promising to cancel a $58 million loan that would have reopened Canada’s last major asbestos mine.”
“Paradis says it means hundreds of workers will remain without jobs. But he says it would no longer make sense for Ottawa to support the asbestos industry when Quebec, the only province that produces it, will prohibit its exploitation.”
The CBC reports that in 2010, “Canada was producing 150,000 tonnes of asbestos annually, all of it in Quebec, and exporting 90 percent — worth about $90 million — to developing countries.”
Canada has long been criticized for its stance on asbestos. Prime Minister Stephen Harper and others have been steadfast in their support of the industry, resisting efforts to include asbestos in the U.N. Rotterdam Convention, a treaty that lists chrysotile and other forms of the material as hazardous.
Writing in The Toronto Star, columnist David Olive says, “Canada’s hypocrisy on asbestos has long been malodorous. Like almost all advanced countries, Canada has banned most domestic uses of asbestos, whose fire-retardant properties are greatly outweighed by its carcinogenic ones. Harper has been spending millions of dollars to remove the last traces of asbestos in the Parliament Buildings and his official residence at 24 Sussex Drive.”
Back in 2010, NPR’s Brenda Wilson summed up the broader dispute over asbestos:
“On one side is the World Health Organization contending that all types cause cancer and that its continued use, primarily in countries like China, India, Brazil, Mexico, and other places will only prolong the epidemic of cancers related to its use. The cancers can take up to 30 to 40 years to develop.”
“On the other side is the proud little town of Asbestos, two hours outside Montreal, Canada, where BBC producer Steve Bradshaw says, ‘There’s a mine in the center of town that is as deep as the Eiffel Tower is high.'”
Canada’s asbestos industry has been in a recent decline — earlier this year, the Chrysotile Institute, a powerful industry lobbying group, closed after it stopped receiving government support.
News of Canada’s shift came out late Friday — evidence, perhaps, that Canadian politicians, like their counterparts to the south, prefer to save problematic news for the end of the week, when they can “dump” them into the mix of weekend plans and movie reviews that many people concern themselves with on Fridays. [Copyright 2012 National Public Radio]
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Asbestos Laden Waste Creates Health Hazard for Japanese Workers  Becoming A Suicidal Act

Asbestos Laden Waste Creates Health Hazard for Japanese Workers Becoming A Suicidal Act

Months after the Japanese Tsunami officials continue to speculate as to the overall health hazard the cleanup site poses to the workers, volunteers and residents who have been left to roam freely through the debris that remains. According to a recent CBS News article covering the cleanup:
“Workers, volunteers and residents roam freely through the debris. Some wear masks; others don’t, despite the plumes of dust that shoot up every time a giant steel claw grabs a load of debris. On windy days, particles swirl in the air. They sting eyes and irritate throats before leaving behind a thin layer of dust on whatever passes through.
“There are a lot of people going back into the rubble to search for valuables and photos,” said Takuo Saitou, a Sendai-based attorney and a spokesman for a group tackling defective home issues in northern Japan.
“There are people not even wearing masks. This is like a suicidal act,” he said. “We want people to know this is a problem.”
Asbestos fibers are so small that they easily enter the lungs, where they cause inflammation. Studies show they increase the risk of lung cancer, the rare cancer mesothelioma and lung disorders including asbestosis. Because the effects of asbestos are long-term, it often takes decades to see them.
Saitou’s group submitted letters last week to the environment minister and other government officials asking for air monitoring around disaster-hit areas, effective public information, mask distribution and proper handling of asbestos-laden waste.
The problem has been faced before by both Japan and the U.S. — two of the biggest asbestos consumers of the 20th century. As they struggled to address disasters, they found themselves spread too thin to address longer-term health hazards.
To read the entire article, visit http://www.cbsnews.com/stories/2011/04/27/501364/main20057826.shtml

Medical Expert Update

The Center for Disease control has issued its update on the estimate of the number of mesothelioma that occur each year in the United states. According to the estimates asbestos related mesothelioma will continue until 2055. According to the report "Because mesothelioma manifests 20–40 years after first exposure, the number of mesothelioma deaths will likely peak by 2010 (4). The analysis described in this report indicates that the annual number of mesothelioma deaths is still increasing, and future cases will continue to reflect the extensive past use of asbestos."
View the contents of the CDC’s report on Malignant Mesothelioma Mortality in the United States.

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Mesothelioma Legal News | by Mesothelioma Lawyer Chris Placitella

Chris Placitella discusses important news and cases concerning mesothelioma lawsuits. In this video blog Chris discusses recent verdicts and an important decision by a Pennsylvania Appellate Court.
Since this video was created a few additional cases came down which are worth mentioning.  The Second Circuit  granted the request of Crane Co. to keep an asbestos wrongful death suit in federal court, finding the federal contractor defense protects Crane from claims in state court because the company argues any asbestos warnings on its equipment were subject to U.S. Navy approval. A unanimous three-judge panel said a district court was incorrect to grant plaintiff Susan Cuomo’s request to remand the case to state court after Crane initially had it removed. The panel said that in finding Crane could not make a “colorable” bid for the federal contractor defense because it provided no evidence that the Navy prohibited or actively prescribed the content of any proposed asbestos labels, the district court exaggerated both the requirements of the federal contractor defense and the threshold for federal removal.
On a brighter note, my friends  Juan Bauta and JanPaul Portal of The Ferraro Law Firm obtained  a $5.6 million verdict against Florida Power and Light. more details to follow in the next report.

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Asbestos Lawyers

Asbestos Lawyers

If you’re suffering from an illness due to the careless actions of another party that exposed you to asbestos, there are legal options and rights available to you. Over the past decades, numerous companies have been held liable for irresponsibly exposing people to asbestos, a harmful mineral that leads to health-damaging diseases such as mesothelioma and asbestosis. In turn, many lawyers now specialize specifically in asbestos-related lawsuits.
If you’ve been diagnosed with an asbestos-related illness, it’s important to note that there is currently more than $30 billion available in asbestos trust funds. You may qualify for significant compensation, and the first step in determining how much you may be eligible for is to find an experienced mesothelioma lawyer. Fill out our contact form today to receive free brochures from the top mesothelioma attorneys in your area. We have over 20 years experience in helping families find the best attorneys.

What Does an Asbestos Lawyer Do?

An asbestos lawyer is an attorney who specifically specializes in asbestos-related cases, such as asbestos-related lung cancer lawsuits, mesothelioma lawsuits, and any cases involving asbestos-related diseases and injuries. There are a variety of different areas of law practice specialties, such as car accidents, slip and fall accidents, medical malpractice, and criminal cases. Some attorneys choose these special areas of practice to go into, while others may choose to be general practice lawyers, meaning they take on a wide variety of different cases. An asbestos attorney, however, may be experienced in other areas of the law, but generally chooses to take on asbestos cases only.
Asbestos cases are extremely are extremely complicated and detailed. These types of cases almost always often require an attorney who has the knowledge, experience, and understanding of everything that’s involved in the process of proving negligence against the parties who exposed unknowing victims to asbestos. Retaining a lawyer who doesn’t have specific training in asbestos-related issues is generally not the best option for people who are seeking compensation for their injuries.
An experienced asbestos attorney not only understands how people get exposed to asbestos and asbestos-containing materials (ACMs), but they also understand that many of their clients are undergoing tremendous stress and are often weak due to serious health issues. In turn, most asbestos lawyers have in-depth knowledge of the treatment options, medications, and other health factors that their clients are experiencing. This alone prompts many asbestos attorneys to do what it takes in order to help people win their case and obtain the compensation they rightfully deserve.

Key Factors an Asbestos Attorney Understands

Mesothelioma is an insidious disease. It lies dormant for decades, but when the first symptoms finally appear, health rapidly deteriorates as the illness becomes more progressive. Because of this, asbestos cases generally have a higher than average compensation amount once a plaintiff wins. However, since it takes so long for mesothelioma to develop, tracing back the origins of the asbestos exposure is difficult at best for the average person. In most instances, asbestos exposure occurred over 20 years before the actual diagnosis of the illness, meaning it will take a lot of research and sharp investigative skills to uncover the details of the responsible parties.
The good news, however, is that asbestos lawyers understand that once the culpable parties are found, there is a great chance that they can prove liability. Since the Environmental Protection Agency’s (EPA) confirmed reports linking asbestos exposure to mesothelioma, an experienced asbestos attorney can prove the link between the asbestos supplier and how it caused damage.

How to Choose the Best Asbestos Lawyer

Choosing the best asbestos attorney to represent you is an important decision that will affect how your case ultimately turns out. Never rush to choose an attorney, especially in cases such as an asbestos lawsuit. There are several things to look for when choosing an asbestos lawyer that’s right for you, including:

Proven Track Record

A reputable, experienced asbestos attorney should have a proven track record of past successful asbestos cases. A proven track record should include recently-won cases (within the past five years), large settlement amounts or verdicts won.

Experience with Asbestos Trust Funds

Asbestos trust funds continue to grow. An experienced lawyer needs to know details regarding these trust funds and how to properly file claims on behalf of clients. There are a number of factors that go into asbestos trust fund claims, including:
  • Obtaining the required evidence needed for your case
  • The claim filing process
  • The claim filing review
  • Claim liquidations, and more

Ability to Travel If Needed

On many occasions, asbestos cases require traveling to other states and cities. For example, even if you were exposed to asbestos at a job site in your city, the manufacturers that supplied the asbestos to your employer may be located in another state. In these instances, you may be required to file your asbestos lawsuit out of state. It’s highly recommended to find an attorney who is financially capable of not only coming to you for your deposition, but also traveling out of state, if needed, and filing on your behalf.

Offers a Contingency-Based Payment Plan

A contingency-based payment plan consists of paying no money until you’re case is won. When you win your case, your attorney’s fees will come out of your final compensation. It’s important to retain a lawyer who offers fees on contingency basis as it shows that the law has the financial resources available to work on your case.

Other Factors to Consider

A reputable, trustworthy lawyer will never:
  • Tell you up-front that you will win millions in your lawsuit. There is no way to know the exact amount you will win.
  • Guarantee an outcome of a successful verdict or settlement. While it’s perfectly normal for lawyers to tell you what your chances are, no attorney should guarantee a win right away.
  • Leave you out of the loop in regards to what’s going on with your case.

How an Asbestos Attorney Can Help You

You probably have a lot of questions and concerns regarding your case. The majority of people who file asbestos lawsuits have no idea of who is truly responsible for their injuries. For instance, most people believe that their employers are responsible, when in fact it’s usually the manufacturers that supplied the asbestos to the employer that’s generally liable. In addition, there may be several manufacturers that are responsible. An asbestos attorney can help you by researching your case and uncovering the party or parties responsible.
Additionally, if you have a valid case, your attorney will let you know after reviewing your information, and will be able to give you ballpark figure regarding your lawsuit’s worth. Although, as mentioned earlier, no lawyer should tell you an exact amount you can expect to win, a reputable asbestos lawyer can let you know the average amount you may win after factoring in lost wages, physical pain and suffering, past and future medical expenses, and other factors associated with your illness.
Furthermore, an asbestos attorney can help you understand the process of the lawsuit, including what steps are taken, how long your case may last, and any extenuating circumstances that may hold your lawsuit up.

Frequently Asked Questions for Asbestos Lawyers

Will an asbestos lawyer charge me to review my case? 
Most experienced asbestos attorneys offer free legal evaluations before taking on your case. Although this is the norm, you should always ask each potential lawyer beforehand if they charge for a case consultation.
How long does it take an asbestos attorney to resolve a mesothelioma lawsuit? 
Unfortunately, there are no clear-cut answers as to how long your case will take, as each case is different. Part of determining how long a lawsuit may be depends on the state the case is filed in. Other factors include:
  • If your case settles or goes to trial (settlements are generally resolved faster than trial cases)
  • How progressive your disease is (in some instances, cases can be expedited for those who are in extremely poor health)
In general, however, some cases may take many months, up to a few years.
How do I pay for my  lawsuit expenses while waiting for my case to resolve? 
An experienced asbestos lawyer who offers a contingency-based payment option will not charge you for any lawsuit expenses. Until your case is settled and you’ve been compensated, you generally do not have to pay any lawsuit-related expenses.
Will an asbestos attorney take most of my compensation? 
Mesothelioma lawsuit compensation amounts, on average, are extremely high. Experts speculate that the norm for mesothelioma compensation is around $1 million to $1.4 million. Regardless of how much compensation you get, however, asbestos attorney fees are usually between 25% to 40% of your total compensation if your case goes to trial. Fees for settlements can go as low at 3% to 5%, depending on your attorney. Refer to our Asbestos Attorney Fees section below for additional information.
Will an asbestos attorney accept a settlement on my behalf? What if I don’t agree with the settlement? 
By law, you have to formally agree and sign paperwork that acknowledges you agree to a proposed settlement amount. An asbestos attorney will not accept the settlement without first getting your approval.
I was diagnosed with mesothelioma, but my spouse is the one that worked around asbestos. Can I still file for compensation?
There have been a myriad of asbestos victims who successfully won their lawsuits after second-hand exposure. A common myth about mesothelioma lawsuits is that you must work directly around asbestos in order to qualify for compensation, which is untrue. Whether you’ve been exposed to asbestos through a spouse’s or parent’s work clothes, through school buildings, or any other kind of indirect exposure, you have the legal right to file for damages.
My spouse passed away recently after being diagnosed with mesothelioma. Can an asbestos attorney help me? 
If you’ve lost a loved one due to asbestos exposure, you can file a wrongful death lawsuit. You may also be entitled to workers’ compensation death benefits. A knowledgeable asbestos lawyer can help you get the process started and help you understand what you may be entitled to.

Asbestos Attorney Fees

Attorney fees are not set in stone, and each lawyer may have different fees. While there is no way to definitively answer how much your fees will be, most attorneys who specialize in such sensitive cases as asbestos understand that people who are undergoing expensive medical treatments usually cannot pay up-front. As mentioned early, a contingency-based fee helps ensure that clients have the option to retain an attorney without any up-front fees.
However, if even your attorney offers a contingency-based fees, you should always ask how much the fees will be so that there are no surprises when a percentage of your compensation is taken out to pay for attorney fees. Again, most attorneys have their own set of fees; some may take 40% to 45% in fees while others may take 20% or 25%. Others may take 15% or 30%, and as mentioned earlier, fees for settlement cases can go as low as 3% to 5%.
Keep in mind that having trust in an attorney and being confident and comfortable in their experience in knowledge is an important factor. Although you may find a lawyer who offers low fees, if they don’t have the dedication and experience working with asbestos cases, you run a heightened risk of losing your case. While you want to get the best rates possible, you’ll need an attorney who knows how to fight for you and help you win your compensation.

Where to Find an Asbestos Attorney

Recent studies performed by the American Bar Association (ABA) state that, while referrals are still a popular method when searching for an attorney, more and more people are turning to the Internet to find legal help. The majority of people who search on the Internet typically find legal representation on websites that allow them to post legal questions and receive answers from attorneys and/or comprehensive sites that provide information regarding the details of the type of the case they potentially have.
In addition, people are turning to social media for legal referrals, but per ABA, since social media is still relatively new, it’s not as popular as attorney websites that provide more a intimate approach and in-depth information.
“First, it is possible that social media is too recent and too few people are participating in it for it to be a widespread method to help find a lawyer. Second, it is possible that the selection of a lawyer for a personal legal matter is simply too intimate a decision to come into play in the everyday use of social media,” the report states. 
It’s also a good idea to search for a site that not only has expert information, but also clear and convenient contact information.

Getting Legal Help

If you or a loved one are suffering due to an asbestos-related illness, keep in mind that you may be eligible for a substantial amount of compensation. Remember to fill out our contact form to get free brochures from the leading mesothelioma law firmsin your area. Contact us at 800-878-8345 if you have questions or need assistance.

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Mesothelioma Legal Advice

Mesothelioma Legal Advice

Mesothelioma, as well as other forms of asbestos-related diseases, occur at an alarming rate, not only in the United States, but across the world. According to the American Cancer Society (ACS), around 3,000 cases of mesothelioma are diagnosed in the United States alone each year. In most instances, victims of these types of diseases were negligently exposed to asbestos, usually while working at a job site that once used asbestos heavily in a myriad of parts, machinery, and equipment. Consequently, people who’ve developed an asbestos-related illness have the right to sue the negligent party that exposed them to the life-threatening mineral, but many may have questions regarding who is responsible, how the lawsuit process works, and more.
If you or a loved one have been diagnosed with mesothelioma or any other illness related to asbestos, you may be eligible for substantial compensation. There is currently over $30 billion in asbestos trust funds, set up for those who are victims to asbestos-related diseases. Fill out our contact form today for free brochures from the leading mesothelioma lawyers in your area. We’ve been helping families connect with experienced mesothelioma attorneys for more than 20 years, and we would be happy to help you as well.

Can I file a lawsuit and sue my employer if I have mesothelioma?

If you have mesothelioma or any other asbestos-related disease, you have the right to sue the party who negligently exposed you to asbestos. However, this isn’t necessarily your employer, even if you were exposed to asbestos while at work. This could be the manufacturing company that supplied your employer with asbestos-containing materials, the company headquarters, or any other entity responsible for your asbestos exposure.

What if I was exposed to asbestos in the military?

If you were exposed to asbestos in the military, you can still file a lawsuit against the manufacturers who provided asbestos to the military, yet you cannot sue the military itself. In many instances, you may also qualify for benefits and assistance via the Department of Veterans’ Affairs.

Do I need to retain a lawyer before I file a mesothelioma lawsuit?

It’s also a good idea to retain the services of an experienced mesothelioma law firmif you plan to file a lawsuit. Mesothelioma and asbestos lawsuits are extremely intricate and the average person generally doesn’t have the experience to uncover all the details of such difficult cases.
Keep in mind that mesothelioma attorneys are knowledgeable and experienced in all aspects of state and federal asbestos laws, and can offer you a wealth of legal advice and help. Most are often sharp investigators as well, and will work to uncover the names of the manufacturers and businesses who are responsible for your asbestos exposure.

What will I receive compensation for if I win my lawsuit?

In general, mesothelioma and asbestos lawsuits provide compensation for the following:
  • Lost wages
  • Medical expenses, including prescription medications, surgery, X-rays, hospital and doctors visits, therapy, rehabilitation, and more
  • Mental pain and suffering
  • Physical pain and suffering
  • In some instances, punitive damages

How much compensation can I receive?

It’s difficult to estimate the actual amount you’ll receive from your lawsuit since each case is unique. However, there are several different factors that go into determining compensation in a mesothelioma lawsuit, such as how long you’ve had the disease, the progression of the disease, medical expenses, how it’s affected your life, and more.
In addition, the amount of time your case takes will generally determine if your compensation amount is higher. For example, in most instances, a quick settlement often provides less compensation as opposed to a trial that takes years. However, if you are ill and need compensation as quick as possible, you have the right to take the settlement if offered, even though it may be a lower amount.

Will I have to go to court?

In most instances, mesothelioma cases are settled out of court. However, it’s important to note that once in a while, if companies aren’t able to come to an agreement on a settlement amount, asbestos-related cases can end up going to trial. If your case goes to trial, there is a possibility that you will have to go to court. Yet, sometimes cases are settled during the trial period as well.

What if I pass away before my case is settled? How long does a mesothelioma lawsuit last?

Unfortunately, there isn’t any set way of determining how long an asbestos-related case will last as each case is unique from the rest. In some instances, lawsuits may settle within several months while other cases may last a few years. The average case generally lasts around 18 months. A number of courts, however, understand and recognize that asbestos-related illnesses are terminal and that victims may have a short life expectancy, and therefore try to make cases move as fast as possible.
If you pass away while your case is still in progress, your estate normally acts on your behalf and divides your compensation among your surviving dependents and spouse (if applicable). In addition, your family also has the legal right to file a wrongful death lawsuit.

What if I cannot afford a mesothelioma lawyer?

Most mesothelioma attorneys understand that victims of asbestos-related illnesses are not in the position to pay up-front legal fees. Therefore, the majority of experienced and knowledgeable attorneys will offer contingency fee payments. A contingency-based payment basically means that you pay no money at all up-front, and the lawyer fees are collected from a percentage of your compensation once you win your case.
The contingency amount will vary according to each attorney, but an average range is typically around 25% to 40% of your compensation. Keep in mind, however, that this is just a general range and your own attorney may charge something entirely different. It’s important to understand how much the fees are beforehand so that there will be no surprises once you win your case.

How much time do I have to file a lawsuit?

The statute of limitations for filing a mesothelioma lawsuit will depend upon the state you’re filing your case in. In general, however, most states require that cases be filed within anywhere from one to five years from the time of the diagnosis of the disease.
For more information, be certain to read over our state-specific mesothelioma articles, which provide the statute of limitations for each state.

How can I find additional information?

As mentioned earlier, you may be entitled to significant compensation if you or a loved one have been diagnosed with an asbestos-related disease. Remember to fill out our contact form to get free brochures from the top mesothelioma attorneys in your area. For questions or assistance, feel free to contact us at 800-878-3845.

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Mesothelioma Law Firm - What Does a Mesothelioma Law Firm Do?

Mesothelioma Law Firm

For decades, mesothelioma, a life-threatening disease that can affect the lungs, abdomen, and several other major organs, has been linked to prolonged exposure to asbestos.Typically, mesothelioma victims were exposed to asbestos while working at a job site that used asbestos-containing materials (ACMs). In many cases, the manufacturers of asbestos and ACMs knew of the hidden dangers and risks of asbestos, yet failed to inform the public, as asbestos was an extremely profitable mineral. Because of the hinderance of information, workers who developed health issues from asbestos exposure may be eligible for financial compensation to cover expenses such as lost wages, medical bills, emotional suffering, physical pain, and more.
If you or a loved one have been victim to an asbestos disease, such as mesothelioma or asbestosis, there is a good chance that you may qualify for significant compensation. Over $30 billion is available in asbestos trust funds right now, and the first step in obtaining what you may be entitled to is to find a mesothelioma attorney that’s right for you. Fill out our contact form today for free brochures from the leading mesothelioma law firms in your area. For more than 20 years, we’ve been helping asbestos victims and their loved ones connect to the best mesothelioma lawyers in their area.

What Does a Mesothelioma Law Firm Do?

Mesothelioma law firms are different from any other type of law firm. Whereas other law firms may specialize in specific areas such as car accidents or nursing home abuse, mesothelioma law firms focus primarily on mesothelioma and other asbestos-related diseases. It’s not recommended to retain legal representation from a general practice law firm or even a personal injury law firm that specializes in a wide array of injury cases. You’ll need an attorney who specifically specializes in mesothelioma cases, as these types of lawsuits are extremely intricate and require vast, in-depth understanding of asbestos exposure and diseases.
Attorneys in a mesothelioma law firm have the knowledge and experience regarding federal and state laws concerning asbestos use and its history in the workforce. They also have sharp investigative skills and are able to dig deep to uncover when and where companies and/or other entities exposed workers to asbestos. Additionally, mesothelioma law firms are comprised of educated attorneys who understand the legal process involving courts, trials, settlements, and appeals.
Moreover, an experienced malignant mesothelioma law firm understands that the victim is already suffering enough because of the medical and financial problems associated with asbestos-related diseases. As a result, the law firm will handle most everything regarding the lawsuit, including fighting for the legal rights of the client, interviewing witnesses, obtaining medical history, litigations, and more.
A dedicated mesothelioma law firm also understands the severe emotional impact that living with mesothelioma brings, not only to victims, but to family members and loved ones as well. An experienced mesothelioma law firm takes this into account and helps ease the minds of victims and their loved ones throughout this enduring process.

What to Look for When Hiring an Asbestos Law Firm

Unfortunately, not all mesothelioma law firms are the same. While some may have several years of experience, other law firms are relatively new to the area of mesothelioma. In addition, some law firms may concentrate on other areas of law besides mesothelioma while another law firm may solely focus on asbestos cases.
Aside from using your good judgement when determining which law firm you should use, there are several factors you should consider:
  • The law firm should have experience in dealing with mesothelioma cases.
  • The law firm should be extremely knowledgeable in asbestos laws and prior cases.
  • Look for a law firm that focuses solely on asbestos-related cases.
  • Look for law firms with a stellar reputation in handling asbestos cases.
  • The law firm should not only understand asbestos laws, but should also have extensive knowledge of medical problems associated with asbestos diseases.
  • The law firm should always keep you updated on what’s going on in your case. Although attorneys are busy people, they should be accessible.
  • You should always get an initial consultation at no charge before deciding on a mesothelioma law firm.
Keep in mind that it’s not recommended to retain a mesothelioma law firm that promises you that you will win your case no matter what. Although statistics show that the majority mesothelioma victims do go on to win their lawsuits, there are a variety of factors involved, and no case is guaranteed. An experienced mesothelioma law firm will help you to understand your chances and what is involved, but will never assure that your case is 100% guaranteed.

Making Things Easier

Although leading mesothelioma law firms do the majority of work for your case, it’s always a good idea to be prepared and make things easier so that the process gets rolling faster.
First, make sure to gather your medical documents, including when and where you were diagnosed, and bring this information to your initial meeting. This will allow the law firm to determine if your case can be taken on.
Next, be prepared to provide the law firm with your work history and information including the full company name, address, phone number, your job role, and how long you worked there.
Finally, start keeping track of all expenses used pertaining to your disease. For example, always keep a copy of medical bills, hospital visits, mileage used to get to appointments, medical supplies, and anything other expense you paid out due to your illness.

How a Mesothelioma Law Firm Can Personally Help You

When first getting started, victims usually have a plethora of unanswered questions regarding asbestos and their rights. A mesothelioma law firm should be able to provide you with following information:
  • Evidence Related to Your Exposure: Once you provide the law firm with your work information, they should be able to investigate and determine how asbestos was used at your workplace. In some cases, they may already have the information available.
  • If You Truly Have an Asbestos Claim: Mesothelioma law firms understand what’s needed in order to have a true asbestos claim. With this knowledge, they are able to determine how strong your case is and what the estimated chances are that you’ll win. Most attorneys make sure they’re confident in your case before taking it on. Be wary of any attorney who promises to take your case without knowing any of the details or an attorney who claims they can get you an exact amount of compensation before reviewing your case.
  • Your Case Worth: If the law firm decides you have an asbestos case, they will then be able to come up with an average figure of how much your case is worth. This is including past expenses, daily expenses, medical bills, lost wages, emotional trauma, physical suffering, future expenses, and much more. Keep in mind, however, that there is no set formula as to how much your award amount may be. The aforementioned factors, along with other details, such as if your former company has a trust fund set up or not, will also come into play.
  • Who Exactly is Responsible: It can be difficult for the average person to determine who exactly is responsible for exposing victims to asbestos. For example, companies can move, go out of business, hide, suppress relevant information, and change ownerships. In some cases, your former company is responsible, the manufacturer of the asbestos products may be responsible, or supervisors and/or owners may be responsible. In other instances, there may be just one sole responsible entity, yet in a different case, there may be several responsible parties. Remember that part of an experienced mesothelioma law firm’s job is to research, seek out, and determine the entity or responsible parties that are liable for your exposure to asbestos.

Mesothelioma Law Firm Fees

Mesothelioma law firms may have different fees as well as different payment options. However, an experienced and caring law firm understands that victims of asbestos-related diseases more than likely have enough financial burden in dealing with their illness, and are unable to afford up-front fees for legal representation. As a result, many law firms work on what’s known as a contingency fee basis, meaning that the law firm only gets paid when you get paid. If the law firm doesn’t win your case, they don’t receive compensation either in most instances. The good news, however, is that a law firm has to be confident enough in your case to take it on, meaning there is a good chance that if your case is picked up, it will be successful.
Law firm fees are percentages taken out of your total settlement or verdict amount, and again, the percentage amount will vary depending upon the law firm. Make sure you understand how the fees and percentages work with your law firm beforehand so that there will be no confusion later on.
If a law firm doesn’t provide a contingency fee basis, there is a good chance that they don’t have to financial resources to successfully prove your case. Keep in mind that you’ll want a law firm that has the financial capability  to take on your case on a contingency fee basis. Attorneys without the resources to handle your case usually can’t provide you with the best representation. An ideal rule of thumb is to ask up-front about how the fees work so that there are no surprises later on. Attorneys with your best interest in mind will have no problems answering any questions you have regarding fees and prices.

Frequently Asked Mesothelioma Law Firm Questions

Do I have to go to court? 
This is one of the most commonly asked questions, which is understandable, as most people who are dealing with an asbestos-related illness generally do not want to spend time in a court room. Generally, you will not have to go to court. Mostmesothelioma lawsuits are taken care of via settlements. In some instances, however, if the defense doesn’t agree on a settlement or if you don’t agree on a settlement, you may have to go to trial, which requires going to court. An experienced mesothelioma law firm will help you through every step of the way, and if you are too ill to attend, arrangements can be made to record your testimony beforehand.
What if I don’t know which company exposed me to asbestos? 
As previously mentioned, part of a mesothelioma law firm’s job is to uncover the parties responsible for your asbestos exposure. The culpable parties are typically manufacturers who supplied asbestos to job sites, which can range from one company to many.
I have workers’ compensation benefits. Can a mesothelioma law firm still help me even if I have other compensation benefits?
Other compensation benefits, such as workers’ compensation or VA benefits, doesn’t disqualify you from seeking compensation from the companies who exposed you to asbestos. A mesothelioma law firm can help you file a lawsuit against the responsible parties.

Additional Tips to Remember

  • When searching for a mesothelioma law firm, you shouldn’t narrow your search down to your local community only. There’s a chance that your case may be filed out of state.
  • An experienced mesothelioma lawyer should have no problems flying to your city to meet with you, given that they are out of state.
  • Although the law firm should be able to give you an average figure that you may receive, giving an exact amount is impossible. Any mesothelioma law firm that guarantees you an exact amount should be considered untrustworthy.
  • A mesothelioma should be able to handle not only mesothelioma cases for survivors, but wrongful death cases involving asbestos exposure.

Help With Finding an Experienced Asbestos Law Firm

If you’ve been diagnosed with an asbestos-related disease, keep in mind that you may qualify for substantial compensation. Remember to fill out our contact form for free brochures from the leading mesothelioma attorneys in your area. If you have any questions, contact us toll-free at 800-878-3845.

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