9 Min Read
Last Updated: 05/22/2024
Fact Checked

Written by Daniel Wasserberg | Edited By Walter Pacheco

Important Questions to Ask When Seeking Mesothelioma Attorney Assistance

Hiring a mesothelioma lawyer is an important decision that you’ll want to make with as much information as possible. You should learn all about their track record and whether they’ve worked in multiple jurisdictions.

To ensure you work with a firm that has extensive experience, discuss the kinds of cases they specialize in and how many asbestos plaintiffs they have represented. Consider asking the following questions during your initial consultation with a mesothelioma attorney:

  • Do you specialize in asbestos litigation?
  • Can you file my lawsuit in another state?
  • How are you compensated?
  • What types of claims can you help with?
  • What’s your experience with asbestos cases?
  • Who covers costs during the case process?
  • Will I have any out-of-pocket legal expenses?
  • Will I need to travel?

Don’t hesitate to ask additional questions or bring up topics you’d like to know more about. An attorney offering good mesothelioma legal advice will address every one of your concerns.

According to an industry report published in April 2021 from KCIC, a consulting firm that handles asbestos liabilities, the top 15 mesothelioma law firms in the nation represented more than 74% of asbestos plaintiffs in 2020. If you are looking for mesothelioma attorney assistance, find a top-tier firm with a successful track record representing those exposed to asbestos.

Questions About Mesothelioma Compensation Options

Do I need a lawyer and what should I look for?

You don’t have to hire an attorney, but if you do it’s a good idea to find a lawyer who has experience with mesothelioma lawsuits. Mesothelioma lawyers are experts in asbestos exposure and related diseases. Their teams of investigators can track down the cause of your exposure and find the companies responsible.

When you hire an attorney, it is important to choose someone with whom you feel comfortable. Many mesothelioma attorneys offer free initial consultations. This helps you find the lawyer who is best for you. If you need help, Asbestos.com can assist you in finding an attorney.

Can I sue for compensation if I have mesothelioma?

You may be able to sue for compensation. Whether you can file a lawsuit depends on many factors. These include how and where you were exposed, who was responsible for your exposure and when you were diagnosed with mesothelioma.

Many mesothelioma claims take the form of personal injury lawsuits. You should talk to a mesothelioma law firm about your case as soon as possible.

The average mesothelioma settlement is between $1 million and $2 million, according to the most recent Mealey’s Litigation Report. But there are several complex factors that affect the value of a claim.

What are the different compensation options available for mesothelioma patients?

People with mesothelioma may file legal claims seeking compensation through trust funds and lawsuits. A qualified mesothelioma attorney can handle both types of claims. Most lawsuits result in a mesothelioma settlement before a jury verdict. Some plaintiffs qualify to file multiple asbestos trust fund claims.

What is an asbestos trust fund?

Many asbestos industry companies sought bankruptcy protection when faced with lawsuits against them. In exchange for bankruptcy protection, the government required these companies to set up trust funds to compensate present and future asbestos exposure claims.

These trust funds are also known as asbestos bankruptcy trusts. A mesothelioma lawyer can help you determine whether you can file a claim with an asbestos trust fund.

I was exposed to asbestos in the military. Will I be suing the military?

Mesothelioma lawsuits are generally filed against the companies that produced the asbestos materials that caused the illness. You typically do not sue the military.

Whether or not you file a lawsuit, you also may be eligible for benefits through the Department of Veterans Affairs. Our Veterans Assistance Department helps veterans understand their VA benefit options.

What evidence or documentation will be needed to support my mesothelioma compensation claim?

Your attorney will help you gather work records, pay stubs, tax records, medical records and more to support your claim. It may be hard to prove you were exposed to asbestos. That’s why it’s important to use a lawyer with a lot of experience. They can help figure out where and how you were exposed. They’ll try to make the process as simple as they can for you and your family.

Can I get disability or workers’ compensation benefits?

Mesothelioma patients can apply for expedited Social Security disability benefits. Our Patient Advocates offer free assistance with this process.

You may also be eligible for workers’ compensation benefits. Each state’s laws vary. Your state workers’ compensation board can provide more information. A mesothelioma attorney can help you consider your options.

Can I still sue if I file another type of claim?

Maybe. If you file certain claims, you might also be able to sue the manufacturer of the asbestos product responsible for your illness. These claims may include workers’ compensation, disability or veterans benefits. Contact a mesothelioma lawyer for assistance.

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Questions About Filing an Asbestos Lawsuit

I can’t remember where I was exposed to asbestos. Can I sue?

Typically, a mesothelioma lawyer can walk you through your life and work history to determine how you were exposed to asbestos, even if you are unable to identify your exposure. They are skilled at discovering which companies are responsible for your illness.

If more than one company is at fault, each is usually assigned a percentage of the blame. Your attorney will gather all the information needed to file your lawsuit.

Will I need to join a class-action lawsuit or file an individual lawsuit for my asbestos case?

If you qualify to file, you will most likely file an individual lawsuit. Class-action lawsuits were ineffectively used to handle asbestos claims decades ago. Courts have since decided against certifying class actions for asbestos claims.

Where should I file my lawsuit?

You may be able to file your case in more than one state. The court you choose can impact the outcome of your case.

Your mesothelioma attorney will gather information about your claim and help you decide where to file your case.

If I file my lawsuit out of state, will I have to travel?

You likely will not have to travel. In most circumstances, your mesothelioma lawyer will come to you. They often will travel to you to do an interview and record your deposition. They will also go to court on your behalf. If travel is required, it is usually very minimal.

Is there a deadline for filing a mesothelioma lawsuit?

Yes. Each state limits how long you have to file a mesothelioma lawsuit. A lawyer can explain the statute of limitations.

It is wise to speak with a mesothelioma lawyer as soon as possible after you are diagnosed to avoid missing the deadline.

What is the typical timeline for an asbestos lawsuit, from filing to resolution?

The typical timeline for mesothelioma claims is between three months and one year. Claims that go to trial may take months or years to conclude. Most claims are resolved with a mesothelioma settlement before a jury trial begins.

Is hiring a mesothelioma lawyer expensive?

Mesothelioma lawyers generally work on a contingency fee basis. This means they only receive compensation if you do.

You typically do not pay out-of-pocket expenses during the litigation. If you win or receive a settlement, the attorney receives a percentage of your compensation. The contingency fee is determined when you hire your attorney.

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Questions About Asbestos Trials and Settlements

What is the difference between an asbestos trial and an asbestos settlement?

When the parties involved in an asbestos lawsuit do not reach a settlement outside of court, the case goes to trial before a jury. An asbestos settlement resolves the lawsuit with an agreed upon amount of compensation. In an asbestos trial, the jury determines whether compensation is issued through a verdict.

Some asbestos lawsuits result in multimillion-dollar awards. Will I get a large award?

Not every case results in a huge verdict or settlement. But some asbestos lawsuits have resulted in awards or settlements worth several million dollars. Whether you receive compensation and the amount of it will depend on the circumstances of your case.

What factors determine the compensation in mesothelioma cases?

Expenses and losses related to the illness affect compensation. Medical expenses, lost wages from an inability to work, and pain and suffering will impact the amount of any compensation you receive. Other factors, such as state laws and the defendant’s financial condition, may also affect how much compensation you ultimately receive.

Each case is different, and there is no guarantee you will receive compensation. You should speak with a mesothelioma attorney about the value of your case. Beware of any promises that you will receive a specific amount.

Will my case go to trial, or will it settle out of court?

Many cases never go to trial because the companies settle out of court. Each case is unique and there is always the chance that your case may go to trial. Sometimes the parties reach a settlement after the trial starts. Your mesothelioma attorney will guide you throughout the case process.

How long will my case last?

There is no set time frame for asbestos cases. The duration depends on many factors, including whether you are able to reach a fair settlement during the case process.

Your attorney may be able to expedite your case if you are at an advanced stage of cancer.

What if I die before my case is resolved?

If you die while your lawsuit is pending, the claim becomes an asset of your estate. If you die before a claim begins, your loved ones may be able to file a wrongful death suit.

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