Mesothelioma, Asbestos, and other Asbestos Diseases Lawyers & Attorneys

When you have been diagnosed with a life-threatening disease like mesothelioma, legal matters are probably not the first issue on your mind.

It is completely natural to be fearful, angry and concerned over how you will pay for treatment and what will happen to your family when you are no longer able to work. It is for these last two reasons however that you should be considering legal action from the moment you are diagnosed. The main reason for this is because of the statute of limitations on legal action. This is a period of time within which you must file a claim, or forfeit your right to do so. The statute of limitations varies from one state to another. On the average, they run between one and three years (1).

The other reason you need to find legal representation as soon as possible is because it may be the only recourse you have in order to get compensation for medical expense and lost income. For the last several decades in the U.S., it has been the belief that unregulated free market forces are the best solution for society, and that social safety nets are antithetical to freedom and somehow “weaken” the national character. Today, even the most cursory examination of the health-care crisis as well as corporate mismanagement of the commons and endless stories of corporate greed and malfeasance clearly demonstrates that the federal government’s trust in laissez-faire, free-market forces was sorely misplaced.

The irony is that had stronger regulations been enforced on industry and some form of universal health care been available to American workers, there would have been far fewer asbestos-related lawsuits in recent years, if any.  Nonetheless, because of the system currently in place, court action is your best chance – as well as your responsibility – to hold corporations accountable and force them to cover your pain, suffering, expenses and losses – all for which they were liable.

Finding the right asbestos attorney will help maximize your chances of winning a settlement in a court of law.

What an Asbestos Attorney Does

An asbestos attorney is one who specializes in the field of torts - that is, personal injury law. Torts cover everything from minor sports injuries caused by a Little League coach’s oversight to wrongful death due to gross negligence on the part of a large corporation.

Because asbestos litigation is now entering its fifth decade, has become so frequent and involves such large sums of money, it has become a sub-specialty of the law; in legal terms, asbestos liability is said to be a mature tort. This means that there have been enough cases over a sufficient amount of time to establish case law and precedent (2).

Because mesothelioma can take years and even decades to appear after initial asbestos exposure, these cases pose unique challenges. Over such periods of time, companies go out of business, change their names and/or go into the production of different materials; they move to other states or even other countries; often, they have been acquired by other corporations and are operated as subsidiaries.

This can cause difficulty in identifying the party who bears ultimate liability. Typically, preparing for an asbestos case requires large amounts of painstaking research which involves close examination of old records, previous cases, legal documents and even photographs. Often, witnesses must be found and asked for testimony regarding events and issues dating back twenty to forty years and more.

In addition, because the onset of the disease is often years after exposure to the cause, establishing this causation (“cause and effect,” which is at the heart of all personal injury litigation) often requires the testimony of medical experts.

How to Find the Right Asbestos Attorney

It is tempting to go straight to the Internet and type “asbestos lawyer” into your favorite search engine. However, this may not be the best strategy. First of all, such a query will result in well over two million hits. Even if you limit your search to a specific state, you may wind up with a million hits or more. The other problem is that while most lawyers and law firms who advertise online are qualified and dedicated professionals committed to giving clients honest and ethical representation, a fair number are simply out to make money by any means possible – which could cause you a great deal of extra grief. 

Consider what is at stake, and then proceed accordingly. Contact your state bar association and ask for the names of several attorneys or law firms that have experience in asbestos litigation. Make time to visit each one, and ask the following questions:

How many asbestos cases have they handled?

What were the usual outcomes (out-of-court settlement, win, loss, appeal)?

Will the attorney be handling your case personally? (Some attorneys will simply refer your case to a colleague and collect a “finder’s fee,” which is not always to your advantage)

Will you be able to speak with him/her as needed? Will your calls be returned in a timely manner and your questions answered clearly?

Will s/he and/or the firm accept the case on a contingency basis? (Because of high fees, this is often the only option for many individuals; the lawyer takes his/her fee and expenses as a percentage of the final award)

Will your case be handled on an individual basis, or “bundled” with several other similar cases? (This may hurt you if your case is a strong one, but can be helpful to weaker cases)

Does the attorney or firm have strategic partners who will share their research and expertise in order to build a solid case on your behalf?

If you are of retirement age and are a member of the AARP, you should also know that the organization maintains a list of qualified lawyers through their Legal Services Network. AARP members receive a 20% discount on legal fees from these attorneys and firms (3).

'Mesothelioma, Asbestos, and other Asbestos Diseases Lawyers & Attorneys' Resources:

Notes

  1. “Statutes of Limitations; a Legal Guide.” (2007)
  2. Spier, Kathryn. “Settlement With Multiple Plaintiffs: The Role of Insolvency.”
  3. Hendler, Scott. “10 Keys to Choosing a Mesothelioma Attorney.”

Sources

  1. Hendler, Scott. “10 Keys to Choosing a Mesothelioma Attorney.” ArticleCity (Website). Updated 8 December 2005;
    Accessed: 23 July 2007.
  2. Spier, Kathryn. “Settlement With Multiple Plaintiffs: The Role of Insolvency.” The Journal of Law, Economics & Organization, vol. 18 no. 2, 2002.
  3. Statutes-of-Limitations.com “Statutes of Limitations; a Legal Guide” (Website). Last update: 2007.
    Accessed: 23 July 2007,