Legislation & Litigation

Myth #3: Any Lawyer Can Help Me File A Lawsuit

Written By:
Aug 01, 2011
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Written By: Karen Marshall,
August 1, 2011

I recently made my annual trip to visit my best friend. She lives near a charming little town in Connecticut. It’s fun to visit because the town’s streets remind me of old-fashioned main streets.

As we strolled through town, I noticed a sign for a lawyer’s office. The building easily could have been someone’s home or shop. It reminded me of the office of my hometown lawyer, Mr. Baker.

Mr. Baker was one of only three attorneys in our county. When I was a girl, he spoke to my class at school. At the time, I wanted to be a scientist or a doctor. I still found his talk interesting, mainly because he did a little bit of everything. He handled matters from wills to divorces and from personal injury to traffic tickets. He was even the county prosecutor for many years and worked on a high-profile murder case.

Being a small-town lawyer takes a lot of skill because you have to wear many hats. Mr. Baker did his job well and earned his community’s respect.

When Experience Matters

But there are some things people should not leave to a small-town lawyer. They’re just too big and too important. And one of those things is asbestos litigation. If you want to file an asbestos-related lawsuit, you need more than just a good lawyer.

You need a mesothelioma attorney who is familiar with these types of cases. Asbestos cases are different from other types of personal injury lawsuits.

Filing an asbestos lawsuit is not as simple as going down to the local courthouse. Where you file your case will depend on factors like where you were exposed to asbestos and where the company you are suing is located.

You may have to file your lawsuit in a state that is different from the state where you live. Your neighborhood attorneys may not be licensed to practice in that state. They may not be familiar with the rules of the court where you file your lawsuit. Not knowing the rules can lead to mistakes that delay your case or even get it thrown out of court.

Qualified mesothelioma attorneys, on the other hand, handle lawsuits across the country. They can help find the proper court as well as prepare and file your complaint.

Mesothelioma Hides and Waits

If you have mesothelioma, asbestosis or lung cancer caused by asbestos exposure, your injuries likely resulted from exposure that happened many years ago.  Since then, the company responsible for your illness may have gone out of business or been sold to another company. Mesothelioma attorneys often know the players involved in asbestos lawsuits. They use that knowledge to locate the companies you need to sue.

A company responsible for your injuries may have gone bankrupt. A mesothelioma attorney can also help you find out if they have created a trust to compensate injured people like you.

Technically, any competent attorney can file a lawsuit. But you should still consider hiring an experienced mesothelioma attorney for your case. There is no learning curve for them. They are already familiar with asbestos law and the case process. They use this experience to gather evidence and move your case as quickly as possible.

They also use their experience and knowledge of asbestos settlements and verdicts to estimate the amount of compensation you should receive. No lawyer can guarantee that you will win or receive a certain amount. However, mesothelioma lawyers can use their knowledge and experience help to negotiate settlements. They can help you decide whether a settlement offer is fair or whether to take your chances at trial.

Perhaps most importantly, mesothelioma attorneys also understand the physical and emotional burdens you and your family face. That’s why most mesothelioma attorneys will come to you to get any information needed for your lawsuit. You do not need to travel.

Your mesothelioma attorney will handle the entire case on your behalf. He or she can manage your case and keep you informed without distracting from your treatment. Your attorney may even know of medical and other patient resources that can help you during treatment.

I’m a big fan of using local resources when appropriate.  But local is not always better.  When it comes to dealing with asbestos-related injuries, you may need to cast your net further to get the best members of your support team, including your legal advocate.

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