Archive for November, 2006

There are a few questions that people considering filing mesothelioma lawsuits always seem to ask. You’ll need to discuss your individual case with your lawyer for more specific answers, but here are some of the more frequently asked questions and their general answers:

1. Who has the right to file a mesothelioma lawsuit?

Anyone who has been exposed to asbestos and has been diagnosed with mesothelioma. Mesothelioma is very rarely caused by anything other than exposure to asbestos, so if you have it, chances are asbestos is at fault. If a loved one died from mesothelioma, a family member or executor of the estate is often eligible to seek compensation. Those who have been exposed to asbestos that was inadvertently brought home by family members - on work clothes for example - can also sometimes file suit. Contact a mesothelioma lawyer to determine your particular case’s viability.

2. What if I’m not sure how I was exposed to asbestos?

A qualified and experienced mesothelioma lawyer likely has a network of professionals and investigators that can find how you were exposed, and who is to blame. The investigator’s fees will come out of your lawyer’s pocket.

3. I don’t think I can afford a lawyer. How much does it cost?

Mesothelioma lawyers are paid on a contingency basis; they don’t get paid unless you do. You will not have to pay anything up front, and if you win - only if you win, the lawyer will take a percentage of the award as his or her fee.

4. How much compensation can I expect to recover?

Depends on the case. There are many factors involved, but there have been many settlements and lawsuits won for hundreds of thousands, and even many millions of dollars. Contact an experienced mesothelioma lawyer to discuss how much you may win for your case.

5. Will my case go to court?

Maybe, but probably not. By now everyone knows about the dangers of asbestos, and there have been plenty of lawsuits on the topic. Companies generally know when they are beat, and are often quite willing to settle out of court. This saves both the plaintiff and the company lots of money.

1. First, you should find a lawyer - preferably one who has a lot of experience with mesothelioma cases. Mesothelioma lawyers work on a contingency basis, meaning you don’t pay them unless you win, so don’t hesitate to contact one because of cost. Also keep in mind that time is your enemy if you’re considering filing a claim. Each state has a statute of limitations, which says you have to file your claim before a specified time period elapses.
2. At this point, your lawyer will examine your case thoroughly to determine if it’s actionable. If your lawyer decides to go forth with it, you’ll need to identify the party responsible for your exposure to asbestos. If you can’t provide this information, your lawyer can hire experts to do the research and find out.
3. Next, your lawyer will build your case for you, likely identifying and hiring experts to testify on your behalf. A lawyer who has dealt with mesothelioma cases before likely already has a network of professionals, resources, and experts, who can assist him.
4. Once the case has been built, your lawyer will most likely seek an out-of-court settlement. Defendants in asbestos and mesothelioma cases are often very willing to settle out of court because it can save them time, defense lawyer costs, and prevent unwanted media exposure. Many times, defendants already have funds set up specifically to compensate mesothelioma claimants, and recovering compensation is very straightforward.
5. Once the settlement terms, and amount of compensation have been agreed upon, you get your cut, and the lawyer gets his fees - usually a percentage of the award. Remember that you will not be required to pay the lawyer if he loses the case. The facts about mesothelioma - that it’s pretty much always caused by exposure to asbestos, that manufacturers that used asbestos knew it was dangerous, and often don’t follow regulations, etc. - are all well-known and documented. If you file your suit in a timely manner, and you have a case, you should have no problem recovering the compensation you deserve.

• Mesothelioma is a rare cancer that has been directly linked to asbestos exposure. The disease attacks the lining of the lung, chest, and stomach cavities and is extremely deadly. In even more rare cases, mesothelioma cancer affects the lining of the heart or reproductive organs.
• Males have a higher risk of developing mesothelioma than females because they are more likely to be exposed to asbestos. Asbestos has been used in hundreds of industries worldwide since the 1800s putting millions of the men and women who worked in the industries at risk. However, non-occupational exposure to asbestos and secondary exposure also endangers the lives of millions of innocent victims.
• Because the dangers of asbestos are now widely known, there are numerous regulations that companies must abide by and precautions they must take to protect workers and their families from the dangers of asbestos. Unfortunately, even with these precautions it is estimated that nearly 1.3 million construction workers alone are still exposed to dangerous levels of asbestos, putting them at risk of developing mesothelioma.
• In the United States alone ten thousand people die every year from mesothelioma. Furthermore, two to three thousand Americans are diagnosed with the deadly disease annually. Mesothelioma cancer often remains dormant in the body for 20 to 40 years. It is predicted that thousands of new cases will be diagnosed within the next decade.
• On average, patients diagnosed with mesothelioma have a survival rate of 10 months to a year. The cancer is extremely aggressive and metastasizes rapidly. While there is no cure for mesothelioma, there are treatment options that can help extend the life of the patient.