Saturday, July 11, 2009

Mesothelioma Lawyers

By Michael Horwin, MA, JD*

Deciding to pursue legal recourse and selecting an attorney to represent you in a mesothelioma or asbestos lawsuit are important decisions that should be made carefully. I have seen some families receive $500,000 and others be awarded nearly $30 million. I have seen some lawyers reject a case only to have another firm accept it and make a big success of it. And I have seen some families wait nearly three years to receive their first check while others received large checks within three months of filing a claim. The main reasons for these differences are the facts of the patient's situation and the law firm chosen.

The Facts of Your Situation

Some mesothelioma patients know they worked around asbestos, but many do not know how they were exposed or how often. In fact, many people are not sure if they were ever near this carcinogen. Unfortunately, there have been thousands of products that contained asbestos - cigarette filters, hair dryers, brakes, basement and roof materials, pipes, boilers, insulation, and many other products found throughout the home and at work. If you were diagnosed with mesothelioma it is more than likely that you were exposed to asbestos multiple times in your life and that this happened decades before your diagnosis.

In general, the value of your case depends on how many asbestos containing products you were exposed to, the number of identifiable defendants that still exist (many have declared bankruptcy), your age and earning capacity. And the speed of your case can depend on a number of variables including the state where you worked and lived when you were exposed to asbestos.

The Law Firm You Choose

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:

  1. 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.

  2. 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.

  3. 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.

Below are two mesothelioma law firms that have impressed us with their accomplishments, successes and testimonials. If you are in another state, call us at 1-619-599-3112 and we can share with you the names of reputable mesothelioma law firms in your region.


mesothelioma lawyers

Mesothelioma Lawyers

Originally hailed as an uncommonly useful material used in a variety of applications to make things lighter, stronger, fire resistant, more flexible, and other desirable attributes, we know now that asbestos is a profoundly hazardous substance that causes many health problems. One of the most well-known diseases caused by exposure to asbestos is mesothelioma and it affects over 2,000 people each year in the U.S. and many thousands more throughout the rest of the world.

Sadly, it is estimated that millions of people all over the world have been exposed to asbestos in their daily lives and medical science is still discovering how this exposure affects their health and the health of those around them. As awareness has grown about the disease and the numbers of victims has risen, companies that were lax about controlling asbestos in the workplace have faced litigation from victims represented by law firms and mesothelioma lawyers specializing in bringing mesothelioma cases to court.

WHAT IS MESOTHELIOMA?

Mesothelioma is an uncommon form of cancer which creates malignant cells in the body’s mesothelium, the membrane that covers many of the body’s internal organs. The cancer cells begin to develop and multiply and the cancer is capable of spreading from the source to other organs and areas of the body. Symptoms include shortness of breath, chest pain, anemia, fever, abnormal blood clotting, and others depending on the cancer’s location.

WHAT CAUSES MESOTHELIOMA?

The single biggest cause of mesothelioma is exposure to asbestos fibers in the home or workplace. Although there have been recorded cases of mesothelioma where the victim has had no asbestos exposure, the vast majority of victims have worked with or worked in an environment where asbestos dust was present.

WHO IS AT RISK FOR MESOTHELIOMA?

The vast majority of mesothelioma victims are people who have worked in industries such as mining, construction, shipbuilding, heating and cooling installation, and places where asbestos is processed and produced. The risks of contracting mesothelioma and other asbestos-related diseases scale with the length of time a worker has been exposed. There is additional evidence that suggests that people living with workers in asbestos-related industries may also be at increased risk from coming into contact with dust and fibers brought into the home on workers’ clothing.

WHAT TO DO ABOUT MESOTHELIOMA

If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease, it is highly recommended that you contact a mesothelioma lawyer with experience bringing mesothelioma cases to trial. A mesothelioma settlement can help to defray medical expenses and provide for your family in the event of your passing. MesotheliomaLawyers.com is dedicated to providing timely information about mesothelioma, its causes, and assisting those who suffer from this condition. Check back often for new information about mesothelioma and options for mesothelioma victims and their familes.

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