Mesothelioma Lawyers

A mesothelioma diagnosis is life-changing for victims and their families. It can require money that families may not have — money for medical treatment, travel expenses, and, sadly, funeral costs. With so much at stake, choosing a lawyer is a serious decision. Mesothelioma lawyers have specialized experience helping families get the money they deserve.

What Is a Mesothelioma Lawyer?

Mesothelioma lawyers focus on handling claims involving asbestos exposure. Many lawyers can help mesothelioma victims, but they may not have the right experience.

Mesothelioma lawsuits can be complex for a variety of reasons. For one, mesothelioma symptoms usually develop 20-50 years after exposure, making it difficult to link the illness to the victim’s asbestos exposure. Mesothelioma lawyers help establish this connection and get compensation for victims.

Asbestos lawsuits have been ongoing for decades. Mesothelioma lawyers who have spent a large part of their careers working on asbestos-related lawsuits know how to litigate these cases. They also know how to get money from each primary source of compensation.

Mesothelioma lawyers often have experience helping victims with:

  • Pleural Mesothelioma
  • Peritoneal Mesothelioma
  • Pericardial Mesothelioma
  • Testicular Mesothelioma
  • Lung Cancer
  • Small Cell Lung Cancer
  • Non-Small Cell Lung Cancer
  • Asbestosis

For mesothelioma victims seeking compensation, hiring a mesothelioma attorney comes with many advantages.

How a Mesothelioma Lawyer Can Help

Mesothelioma lawyers work with patients after their diagnosis. They can take care of filing complex legal paperwork, recommend the best course of legal action, and even advise clients on the amount of compensation they should seek.

Mesothelioma lawyers know how to build a strong case on their client’s behalf.

Access to Powerful Law Firms

Mesothelioma lawyers are also helpful because they work for law firms with the money and resources required for more complicated cases like asbestos claims. Although mesothelioma lawyers are relatively rare, their firms will often fly them throughout the country to meet clients.

Many law firms handling mesothelioma cases also have medical professionals on staff. These professionals can deliver expert testimony and review medical records when needed. They help mesothelioma lawyers find a link between exposure and illness. Lawyers need to understand their clients’ diagnoses to build a complete case.

The firms of mesothelioma lawyers have the funds to not just win cases, but to make them as stress-free as possible.

Knowledge of Asbestos Litigation

The history of asbestos-related diseases and the laws surrounding them are complex and numerous. This legal field is not like regular personal injury litigation. It takes years to learn how asbestos cases unfold. Mesothelioma lawyers must know what legal precedents exist.

Mesothelioma lawyers have experience in asbestos case law, so they know what it takes to help victims prove their case. It’s this knowledge that makes mesothelioma attorneys so valuable to asbestos victims.

National Reach

Mesothelioma lawyers often work for national law firms. These firms have a network of resources on hand to handle claims from every state.

Mesothelioma lawyers also have skills in investigating asbestos exposure cases such as mesothelioma claims. They have access to databases listing which companies nationwide have already paid for wrongdoing.

Mesothelioma Lawyers and Filing a Lawsuit

One of the best reasons to work with a mesothelioma lawyer is to make the legal process easier. This is especially important when filing a lawsuit. Compared to other ways of getting compensation, a lawsuit can be an especially confusing, long, and stressful process.

However, with an attorney’s knowledge and experience, mesothelioma victims can increase their likelihood of a successful case and free up precious time to focus more on their health and loved ones.

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The best mesothelioma lawyers may be able to help asbestos victims win money from powerful defendants such as:

  • Corporations that sold products that contain asbestos after knowing it can be deadly
  • Owners of properties/buildings that contained asbestos
  • Manufacturers of machinery with parts that contained asbestos
  • Manufacturers of tools used to cut asbestos-containing parts

Those pursuing a lawsuit can expect several things from their mesothelioma lawyer.

Break Down Legal Options

Depending on the nature of a victim’s job and illness, they could have several paths to legal recourse besides a lawsuit. A mesothelioma attorney will go through their client’s options with them to help them make the best decision.

The primary options for mesothelioma compensation include:

The various options for mesothelioma victims and their families can be confusing, and filing a lawsuit is not always the best course of action. Mesothelioma lawyers weigh each option for the victim’s specific case. This can help victims get the most money possible.

File Within the Statute of Limitations

Statutes of limitations determine how long a claimant has to file a claim. These vary by state, but a lawyer can ensure claims are filed on time.

Some states only allow one year from diagnosis to file before disallowing a claim. Other states are more lenient, with some extending the statute of limitations as far as 5 or 6 years.

Working with a lawyer from a national firm is important. They will be able to determine the time limits of their client’s particular claim so that they can file it on time.

Work Without Pay Unless the Client Wins

Mesothelioma claims can be very expensive to pursue, and mesothelioma lawyers understand this. They know that victims are frequently very sick and unable to travel. Their clients may also have limited funds due to their illness.

For these reasons, the best mesothelioma lawyers typically work on a contingency basis.

Working on a contingency basis usually means that if a lawyer accepts a case, there is no upfront cost to the client. The law firm only gets paid if the client does. If the client does not receive compensation, neither does the law firm.

Working on a contingency basis lowers the risks for victims if a claim is unsuccessful.

Working With a Mesothelioma Lawyer

Mesothelioma victims working with a lawyer should know what to expect.

An experienced lawyer will work with their clients every step of the way to get them the most compensation available. They’ll evaluate each case based on its particular facts and will know how this situation compares to previous successful cases.

From evaluating the case and explaining all options to negotiating the final compensation amount, a mesothelioma lawyer will guide their client through the entire claims process. At the same time, they will respect client input and understand that the client has the final say in how the case resolves.

Case Evaluation

The first thing a mesothelioma lawyer does is evaluate a potential case. This includes the details of the disease and how the exposure occurred. The lawyer will want as much information about the illness as they can get. This includes the mesothelioma type, stage, and prognosis.

They need to know how strongly the medical evidence suggests that their client’s illness was caused by asbestos exposure.

The case evaluation also identifies any parties who may have been negligent. This review shows how strong a case is, what type of action should be taken, and what the compensation amount should be.

Fact Investigation

Mesothelioma lawyers get a detailed account of a client’s medical and work history. They explore known places and products where asbestos was present.

Mesothelioma lawyers have vast lists of products that contain asbestos. They know which occupations were at high risk of exposure, such as many jobs on U.S. military bases and civilian construction sites.

Mesothelioma attorneys conduct in-depth investigations into the facts of each case. They then find the relevant laws that will affect the case.

Law firms experienced in mesothelioma litigation have a team of investigators on hand. They help find proof that asbestos exposure in particular places caused the illness. Attorneys also prove a party was responsible due to negligent or wrongful acts.

Filing the Claim

With the facts, a mesothelioma lawyer will determine where to file a claim for best results. They may tell their clients to pursue VA benefits, file a lawsuit, or seek money from asbestos trust funds. Strong cases with identifiable defendants may result in a lawsuit going to court.

A lengthy legal process may then follow and could include:

  • Discovery: Evidence is obtained by both sides
  • Motions: Requests are made to the judge
  • Settlement: If a case is settled, it stops here
  • Trial: If no settlement can be reached, the case goes to court
  • Verdict: Decision for the case is made

Most of the time, lawsuits result in negotiated settlements out of court. Attorneys aim to win enough money to cover their client’s medical expenses and lost income. They also seek funds for dependents and pain and suffering.

Sometimes, lawyers seek extra punitive damages, which punish wrongdoers by awarding additional money to the victims.

Receiving Compensation

Mesothelioma attorneys will try to get their clients the most compensation in the fastest way they can. In most cases, lawyers settle mesothelioma claims out of court. The best mesothelioma lawyers will charge nothing upfront to meet with potential clients.

If a lawsuit or settlement isn’t the best option, a lawyer may make other recommendations such as pursuing bankruptcy trust funds or veterans benefits. In this scenario, the lawyer will assist their client with the paperwork and ensure they receive the most money possible.

Frequently Asked Mesothelioma Lawyer Questions

Mesothelioma claims are complex. Many illnesses caused by asbestos occur years and even decades after the exposure. Because of this, it is common for victims to not know that a mesothelioma diagnosis could be due to exposure from long ago.

Some victims have concerns over what contacting a mesothelioma lawyer might involve. Many people don’t want to waste time working on a legal claim, especially in the face of a serious illness.

People may feel guilty about suing, not knowing who will have to pay. A mesothelioma lawyer is able to provide detailed information on the claims process.

Some common questions might include:

Will I Sue the United States Military?

No. Although the U.S. military relied heavily on asbestos products for decades, it did not know the dangers. This is because asbestos manufacturers hid the truth about asbestos from both the military and the general public.

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Will I Get Money for my Medical Bills?

Through the claims process, patients and their families may be able to receive money. These funds can help with medical treatments, lost wages, and support for your family.

How Much Money can my Family Expect?

There are over 100 asbestos-related trust funds throughout the United States. These funds have an estimated worth of over $30 Billion. Victims could also pursue a personal injury or wrongful death lawsuit.

These cases can settle out of court for around $1-2 Million, but the numbers vary for each case.

When Should I Call a Mesothelioma Lawyer?

Although a mesothelioma diagnosis is a devastating event, it is important to contact a lawyer right away. The best mesothelioma lawyers understand how scared victims are by the shocking diagnosis.

But depending on the state you live in, it is important to know your legal options right away. Once a set period of time passes, it may be too late to file a lawsuit. At that point, victims may have no legal options.

Who can File a Mesothelioma Claim?

Victims, families, or estates may be able to file a mesothelioma claim.

  • Patients can file a claim with the help of their spouse, children, or other family members
  • Family members may file a claim on behalf of a loved one if the patient in question is too sick to file
  • Estates can file a claim after the patient has died and can continue legal action started by the patient

Connect With a Mesothelioma Lawyer

Mesothelioma lawyers have specialized experience, knowledge, and resources to help mesothelioma victims and their families get compensated as fully, quickly, and fairly as possible.

By working with the top mesothelioma lawyers, you can spend more time and energy on your loved ones while knowing that your lawyer is doing everything possible to get you the compensation you deserve.

To learn how a mesothelioma lawyer may be able to help you, get a free case review now.

Author:Stephanie Kidd

Editor-in-Chief of the Mesothelioma Justice Network

Stephanie Kidd

Stephanie Kidd works tirelessly as a dedicated advocate for the vulnerable and underrepresented. Stephanie worked as a copywriter for an agency whose focus was communicating safety procedures on construction work sites. With her extensive background in victim advocacy and a dedication to seeing justice done, Stephanie works hard to ensure that all online content is reliable, truthful and helpful.

Last modified: September 9, 2019

View 3 Sources
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    https://www.nolo.com/legal-encyclopedia/asbestos-mesothelioma-lawsuits-what-expect-
    30340.html
  2. Nolo. (n.d.) How to Hire a Mesothelioma or Asbestos Lawyer. Retrieved from
    https://www.nolo.com/legal-encyclopedia/mesothelioma-asbestos-lawyer-hire-30343.html
  3. Carroll, S., et al. (2005). Asbestos Litigation [PDF file]. Santa Monica, CA: Rand Institute for Civil Justice. Retrieved from https://www.rand.org/content/dam/rand/pubs/monographs/2005/RAND_MG162.sum.pdf
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