A mesothelioma diagnosis can be devastating, but taking legal action against the parties responsible can provide a sense of justice and financial compensation. When battling mesothelioma, having an experienced lawyer on your side is crucial for building a strong case and navigating the complex legal system. Choosing the right mesothelioma law firm and asking the right questions is an important first step.
According to the American Cancer Society, about 3,000 new cases of mesothelioma are diagnosed in the United States each year. While mesothelioma is rare, it is almost always caused by asbestos exposure, so legal action is often warranted. With proper legal representation and preparation, many mesothelioma patients receive successful case outcomes or substantial compensation. By knowing what questions to ask, you can better understand your options and work closely with your lawyer to build a robust case.
Let’s discuss some questions you can ask your mesothelioma lawyer (during the initial consultation as well as throughout the legal process). Being informed at every stage can help you make the best decisions in your fight for justice.
1. What is your experience with mesothelioma cases?
Before bringing up this question, doing some preliminary research is strongly suggested. Not only can you get a wealth of information regarding mesothelioma, but you can also search for legal help on websites like www.mesotheliomahope.com.
Once you have a thorough understanding of this disease and available options for help, knowing your lawyer’s background and track record with mesothelioma specifically is important, as this rare cancer requires specialized legal knowledge that only comes from extensive experience. Be sure to ask how many mesothelioma cases the lawyer has handled in the past. You’ll also want to inquire about their success rate for settlements and verdicts in these cases. A high settlement success rate is a good indicator that they have the skills to effectively argue mesothelioma cases and maximize compensation.
2. Who exactly will be handling my case?
It’s very important to understand who will be working on your case from start to finish. Will the lead attorney be directly involved day-to-day? Or will an associate or junior lawyer handle most of the work under their supervision? Many large firms use a team approach so that you may interact with multiple lawyers throughout the process.
Ask detailed questions about the experience and track record of any lawyer who will be involved, even in a secondary role. Make sure you are comfortable with the entire team that will be assigned to you, not just the lead attorney. You want to ensure the lawyers handling your case are passionate about mesothelioma cases and will make your case a top priority. Legal teams are busy, so demand will not be spread too thin across multiple cases. The best outcome will come from the continuous involvement of an attorney knowledgeable about mesothelioma and dedicated to fighting for you.
3. What options do I have for legal action?
There are several potential avenues for seeking compensation if you have mesothelioma, such as filing a personal injury lawsuit, making workers’ compensation claims, and establishing asbestos bankruptcy trusts. Ask your lawyer to outline all of the options relevant to your unique situation and explain the upsides, downsides, and likelihood of success of each. Key factors will include where and how you were exposed to asbestos, your employment history, legal time limits, and more.
Thoroughly understanding all possible options for legal action allows you to make the most informed decision on how to proceed. For example, a personal injury lawsuit may offer larger potential damages, while a workers’ compensation claim has a lower burden of proof. An experienced lawyer will assess your situation and guide you on the best path forward.
4. How will you gather evidence to prove liability?
Rock-solid evidence is crucial for proving negligence or liability in a mesothelioma case. Ask detailed questions about what specific steps the lawyer will take to build a compelling body of evidence in your favor. For example, they may contact your former employers to obtain records related to asbestos hazards in the workplace. They may also interview coworkers to get testimonies about unsafe asbestos exposure.
In addition, experienced lawyers work closely with medical experts to gather opinions and reports supporting the claim that asbestos exposure directly caused cancer. They may also consult with academic researchers, government agencies, and industry organizations to demonstrate knowledge regarding the dangers of asbestos.
5. Should I expect a settlement or trial?
It’s helpful to understand the most likely trajectory and outcome of your specific case. Many mesothelioma lawsuits do end up settling out of court before trial. However, your lawyer should still be fully prepared to take your case to trial if needed.
Ask about the lawyer’s past settlement rates for mesothelioma cases. This gives insight into when they typically advise settling versus going to trial. Also, inquire at what stage of the litigation process most of their past cases have settled—some resolve after filing the complaint, others during discovery, and some right before trial.
Finally, discuss the trial process in depth so you understand how it works in the event your case does not settle. Your lawyer should explain how a jury is selected, who testifies, what evidence is shown, and how long the trial may take. Knowing what to expect at each phase reduces surprises and helps you make informed decisions.
6. What expenses will I need to pay throughout the process?
When considering legal representation, it’s important to understand what costs you will incur. Ask your lawyer to explain their fee structure and billing process in detail. In many cases, the attorney’s fees are taken from any settlement or court award you receive.
You will also likely need to pay certain case-related expenses out of pocket as they arise. These could include court filing fees, fees for expert testimony, charges for investigative work, and more.
Knowing the full financial picture lets you plan accordingly. With a reputable lawyer, you should not face any major surprises or hidden charges. Do not hesitate to gain clarity on fees and costs.
7. How long is the entire legal process likely to take?
Each mesothelioma case follows a unique timeline based on the circumstances. However, your lawyer should be able to provide a general timeframe for how long the overall legal process may take.
The lawyer’s experience with past cases will allow them to forecast a likely timeline. Just keep in mind there are always variables that can delay certain steps. Understanding the full roadmap ahead enables you to mentally prepare and plan accordingly around the legal process.
Conclusion
Taking legal action after a mesothelioma diagnosis is an important fight – but you don’t have to be alone. An experienced lawyer who is transparent and informative can provide invaluable guidance and advocacy. Use these questions as a starting point for identifying the best legal representation for your unique circumstances. With the right mesothelioma law firm on your side, you can focus on your health and treatment while working toward the justice you deserve.
