Benefits of an Experienced Mesothelioma Attorney

Since mesothelioma is caused by exposure to asbestos, and asbestos has been known for some time to be a dangerous carcinogen, anyone diagnosed with mesothelioma has a potential claim against the company responsible for exposing them to asbestos. This type of claim is referred to as a personal injury claim and is typically handled by an attorney or law firm specializing in personal injury law.

In a personal injury claim, the injured person receives financial compensation from the liable party for their injury and any related damages or expenses. Hundreds of thousands of mesothelioma cases have been filed since the first U.S. case in 1966, and many of those resulted in victims receiving compensation reaching into six and seven figures.

Proving liability for asbestos exposure and responsibility for a particular victim’s injury, however, can be extremely complicated. Because mesothelioma doesn’t manifest itself until 15 to 40 years after exposure, gathering evidence decades after the fact can be an almost insurmountable challenge.

That’s why many personal injury law firms have specialized in handling mesothelioma cases exclusively. If you or a loved one have been diagnosed with mesothelioma, be sure to speak only to an attorney with extensive experience assisting mesothelioma victims. The attorney specializing in mesothelioma has the experience to:

Moreover, because the experienced mesothelioma attorney can appreciate the strength of your case, he or she will take the case on a contingency fee basis. That means you pay the attorney nothing unless and until you win your case. When the attorney is successful in obtaining compensation for you, you will typically pay a fee of 30% to 40% of the amount you receive. The exact fee will be specified in the agreement you sign with the attorney before the case begins.

Evaluating your Case

When the attorney has extensive experience in mesothelioma cases, he (or she) can quickly analyze the facts of your situation to determine the likelihood of your obtaining compensation. He will probably also have an idea of how much compensation would be fair in your case, though most attorneys are reluctant to specify any particular amount for obvious reasons. But because the attorney will be taking your case on a contingency basis – meaning he is paid nothing if he doesn’t win something for you – the fact that he accepts your case at all is a fairly strong indicator that he believes he can obtain a substantial payment for you.

Investigating Who’s Responsible and Obtaining Evidence

This can be one of the most challenging aspects of a mesothelioma claim because the exposure to asbestos happened so long ago. It is the crucial reason for needing someone with extensive experience. The law firm that has already handled hundreds of cases has compiled vast amounts of evidence from these prior cases and has agreements with other law firms specializing in mesothelioma to share their information. Extensive databases have been compiled of companies involved in manufacturing, maintaining, and installing asbestos-containing products, and documentation of their involvement is already on file. Attempting to gather all this detailed evidence from scratch would be prohibitively expensive for any personal injury attorney not having access to such a wealth of existing information.

Filing a Claim

When filing a claim in court is the appropriate course of action, the experienced attorney knows the subtleties of crafting the claim that insure a winning case.

Sometimes, however, the responsible company has gone through bankruptcy because of the volume of asbestos claims against them. As a result of the bankruptcy settlement, many of these companies formed trust funds to pay the asbestos claims of their victims, and can no longer be sued. The qualified attorney knows all of these trust funds and the ins and outs of filing claims to obtain the maximum permissible compensation.

Negotiating a Settlement

Compared to a lawyer with little experience in mesothelioma cases, the attorney with a track record in negotiating settlements for mesothelioma victims has an advantage in settlement discussions. The opposing attorneys have been defending their clients from mesothelioma claims for many years and can take advantage of an attorney without experience in these cases, possibly resulting in a smaller settlement.

The experienced attorney, on the other hand, has negotiated with asbestos companies before and recognizes the other side’s tactics in trying to minimize your claim. Your attorney knows the strength of the evidence in your case, and having been successful in previous trials he can convince most opposing attorneys to offer a fair settlement instead of trying the case in court.

Succeeding at Trial

If it becomes necessary to proceed to trial, that’s when you absolutely need an attorney experienced in mesothelioma claims. In court, your attorney will be facing the asbestos company’s lawyers who have defended their clients in many similar cases. Against less experienced attorneys, they may have even been able to successfully cloud the claims enough to greatly reduce the compensation in the case.

Your experienced attorney, on the other hand, is seasoned in presenting the evidence in a way that makes the defendant’s liability inescapable, and portrays the amount of compensation requested as eminently fair.

A Valuable (Though Informal) Side Benefit

One final benefit, albeit an informal one, is that the attorney who has worked with hundreds of mesothelioma patients over the years has seen firsthand how their medical treatment affected their comfort and survival. Though certainly not a doctor, the experienced mesothelioma attorney has no doubt worked with more mesothelioma sufferers than most oncologists, and probably has an awareness of the track record of many specialists and treatment centers. And while no one would suggest taking a lawyer’s opinion over a health professional’s regarding a medical matter, the veteran mesothelioma attorney can at least steer you to the right people and help you ask the right questions.