Monday, February 7, 2011

Top 10 Things to Ask Your Mesothelioma Attorney

Mesothelioma is a rare and extremely lethal form of cancer caused by exposure to asbestos. Individuals who have worked on jobs where they inhaled asbestos particles are at the greatest risk. Since as early as the 1920s, asbestos corporations have been aware of the risks; yet they have continued to irresponsibly manufacture and distribute asbestos.

If you or a loved one has been diagnosed with mesothelioma, or if a family member has died as a result of mesothelioma, then you are entitled to recover compensation through a mesothelioma lawsuit against the companies that made these asbestos products. According to a recent Wall Street Journal article, the average settlement today is $1,000,000. If the case goes to trial, the average award jumps to $6,000,000.

The first step in getting the compensation you deserve is finding an asbestos attorney. With more than 3000 Americans diagnosed every year with mesothelioma, the number of attorneys involved in mesothelioma lawsuits is growing exponentially. In order to find the best person to advocate for you and your familys needs, you should select an attorney that has the required experience and skill to aggressively represent your interests. The following ten questions can guide you in this process.

1. Am I eligible to file a mesothelioma lawsuit? Many states have statute of limitations on tort cases, so it is important to contact a lawyer quickly.

2. Would you handle my case on an individual basis or as part of a class action suit? Some larger firms may already have settlement agreements with particular asbestos companies, which might preclude them from taking on your case.

3. What is your personal experience in representing mesothelioma patients? How many cases have you personally handled?

4. What is your track record? How many of your cases are settled? How many went to trial? And what were the results of each case?

5. Does your firm specialize in asbestos cases? How many other attorneys work on mesothelioma cases? What kind of support staff and resources are available to you in researching and arguing my case?

6. Do you intend to handle my case personally? Many attorneys outsource the research to another law firm, in exchange for part of their fee. This may not be in your best interest.

7. How will fees be handled for my case? Most mesothelioma attorneys work on a contingency basis, which means that they receive a percentage of your compensation award. A typical contingency percentage in mesothelioma lawsuits is 33 to 40 percent of your settlement. If your suit is not successful, then the attorneys earn nothing.

8. What can I expect from my mesothelioma lawsuit? Ask the attorney to outline the preparation process and trial procedures, and to describe your role in each stage. These questions will not only help you to learn more about the litigation process, but also about the attorneys communication skills and style.

9. How long do you expect the research stage to last? What information and input will you need from me, from my family and from my doctor?

10. Which jurisdiction will my case be tried in? Average compensation varies by region, which is important to keep in mind if you were exposed to asbestos in more than one state or county.

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