Monday, 17 May 2010

Seeking Support from a Mesothelioma Lawyer

If you are reading this article, you probably are concerned about yourself, a loved one, or a friend who has been diagnosed (or died) with some form of mesothelioma. Many people who have just been diagnosed with an asbestos related mesothelioma cancer are in shock and have many different things to think about.

Some of the issues and concerns on your mind may include the prognosis for your recovery, the different types of treatments that are available to you, how your symptoms will progress, how sick will you become with the disease, and, maybe most on your mind is, how you and your family will be able to live if you are unable to work and earn a living let alone how you will be able to pay the medical bills.

One of the first things to take under consideration is how to determine what type of lawyer is the most capable in dealing with issues of mesothelioma. Picking the right attorney is the key to your success in this undertaking.

There was an article in the Wall Street Journal several years ago saying that the average settlement or award on a mesothelioma lawsuit is around $1,000,000. It is the general practice that the mesothelioma lawyer receives 40% of the settlement or award amount for their work. The article went on to say that many of the lawsuits settle out of court but if a case does go to court, the typical settlement in 2001 was $6,000,000.

Given these figures, it is not surprising that mesothelioma attorneys work diligently to recruit mesothelioma patients or families, so it is critical for you to be sure you take your time in your selection of a lawyer to represent your case and to only select one that feels right to you.

There are many mesothelioma attorneys to choose from so you do not have to select the first one in the phone book or that first one that comes up on a google internet search for mesothelioma lawyers.

You may be wondering why you have legal rights associated with the disease of mesothelioma when other forms of cancer do not have these protections. This is an excellent question and the answer is, f you have mesothelioma you may have fallen prey to the greed that overtook corporations who used asbestos products in their line of work.

Corporations knew 60 years ago about the risks associated with asbestos but many of them did nothing to inform their employees of the risk nor did they begin using alternative products. There have been cases of people acquiring mesothelioma from inhaling the fibers brought in on the clothes of a family member. Laws have been put into place to protect those who have been harmed and/or died from asbestos exposure.

If you feel you have been a victim of asbestos exposure, here are a few questions to think about as you decide which mesothelioma attorney or law firm to use.

Experience Questions

* When you meet with a mesothelioma attorney, inquire about what personal experience he has had in defending patients with mesotheluoma. You want the attorney to tell you exactly how many clients he has handled personally and how many his firm has handled.
* Ask how many cases were settled out of court and how many went to trial. Be sure to include a question about the outcome of each case

Case Management Questions

* Find out if the law firm, or attorney, handles the mesothelioma cases themselves or whether he refers clients to other law firms and receives a percentage of the final settlement fee in exchange for this referral.
What Happens During the Lawsuit Process and Attorney Fees?

* It is important that you ask the attorney what the lawsuit process will look like, how long it will take, and how the attorney expects to be paid. Typically this process takes many months and sometimes even years.
* It is common that attorneys front the initial costs for the clients and make up their compensation when the settlement or trial if completed. It may happen in some cases, where a settlement or award is made, that the attorney earns no money for his time and effort.

A great deal is at stake if you actually do qualify for legal compensation so be sure to interview several attorneys and make a selection on their answers to your questions and on how you feel about them as your advocate.

Source: Tim Dillard