Diagnosed with Mesothelioma? Now What?
Some of the common questions asked regarding mesothelioma cancer and finding litigators to take their case. It is strongly recommended that you look at these 2 options first. That the lawyer you choose specializes in litigating mesothelioma and secondly that they will take your case on a contingency basis.
1.) I have just been diagnosed with mesothelioma. I want to seek compensation, but I have surgery and treatment to deal with. Is it okay to hold off from filing suit for the time being?
When receiving a diagnosis of mesothelioma, you and your family are suddenly confronted with many important decisions to make. First and foremost you must work with your medical professionals to make important decisions about your treatment options. Additionally, if you want to pursue compensation via a mesothelioma lawyer, it is advisable to do so as soon as possible, for a number of reasons. First, you are the best source of information about your history of asbestos exposure, and it is important that your testimony is preserved early in your case in the event your health fails and you are unable to testify at a later date. Also, in some instances a person with a diagnosis of mesothelioma can get an “expedited” (fast) trial setting, whereas if you pass away before the trial date in your case, it might face a significant delay. Also, the sooner you pursue your case, the sooner you might receive compensation to help with your medical bills and other needs. Even if your trial setting is several months in the future, you might qualify for bankruptcy trust and administration settlement monies relatively early in your case.
2.) I’m not sure I want to file a lawsuit. How long do I have to decide?
By law, you have a limited amount of time to file a lawsuit for mesothelioma cancer. If you do not file your case within that time frame, you maybe be barred by the “statute of limitations” (or “prescriptive period” in Louisiana) from ever pursuing your claim. In some states, you only have one year after your mesothelioma cancer diagnosis to file a claim. In a majority of states, the limitations period is two years, and some states allow three or more years. Determining the statute of limitations in your case will depend on a number of factors, including the facts of your individual case and where your case is ultimately filed. One of the first jobs of an attorney who takes your case is to determine the limitations period in your particular case. It is imperative that you contact a good lawyer and even better if you contact one that specializes in this type of cancer and lawsuits.
3.) My husband recently died of mesathiloma. Now that he’s gone, is it too late for me to file suit?
Most states allow a lawsuit for the wrongful death of a spouse or family member, even if he or she did not file a lawsuit while alive. There is a limit on the amount of time you have for filing such a suit. If you are interested in pursuing a case, you should secure an attorney as soon as possible. Again finding a lawyer that specializes in mesothelioma cancer suits is the best. Some states’ laws do not provide for the same types of compensation to the family of the deceased as would have been available to the mesothelioma victim while alive, so it is advisable for a person with a mesothelioma diagnosis to pursue his or her claim as soon as possible after the diagnosis.
4.) I can’t afford to pay an attorney. How can I afford to file a lawsuit?
Many, many lawyers out there handle cases on a “contingency fee” basis, meaning that you do not need to pay out-of-pocket for legal fees and expenses. This helps people who otherwise do not have the financial means to hire a lawyer to secure legal representation. Under a “contingency fee” arrangement, the mesothelioma lawyer that works with you receives a legal fee as a percentage of your total recovery, and normally only if they are successful in achieving compensation for you. If they do not achieve compensation for you, they do not get paid for their services. This is the best way to go and if one mesothelioma lawyer does not work on a contingency basis, look for one that does. It is more incentive for them to get the largest possible settlement for you as they get paid a percentage. Also be sure to have all agreements drawn up and signed by yourself and your lawyer before proceeding. Get it all in writing exactly what the lawyers share will be. Get a break down of how much an hour they charge etc.
5.) Many years ago I was diagnosed with asbestosis, filed a lawsuit and received compensation. I have now been diagnosed with mesothelioma cancer. Can I seek compensation for the cancer now?
If you were previously diagnosed with asbestosis and have recently been diagnosed with an asbestos-related cancer, such as mesothelioma, there is a chance that you can also be compensated for the cancer.Most states now recognize that mesothelioma develops many years after a disease like asbestosis, and that a person has the right to seek compensation for both. Again it is imperative to seek out the best mesothelioma lawyer in your State. There might be other factors involved in whether you can bring a second claim, which a good attorney can evaluate for you.
6.) I have been diagnosed with mesothelioma, but I’m not sure if I have ever been exposed to asbestos. Can I still seek compensation?
Some people diagnosed with mesothelioma are surprised when their doctor suggests that their cancer may be caused by asbestos. It is not uncommon for a mesothelioma patient to not realize at first that he or she has been exposed to asbestos in the past. Asbestos was once commonly used in a vast array of products, and is still found in the U.S. today. A knowledgeable attorney can help you examine your work and family history to determine how you might have been exposed to asbestos. Your attorney can then investigate these possible sources of exposure.
7.) What kind of compensation can I expect to get if I decide to file a lawsuit?
Every case is unique, it is difficult for any attorney to determine how much compensation a person might expect from a lawsuit before your case has been fully investigated and litigated. In fact, it is unethical for an attorney to “guarantee” a certain amount of recovery in your case in the beginning. Beware of attorneys who promise you a certain amount of compensation during your first conversation. A good attorney’s ability to obtain compensation for you will depend on many factors, such as the nature of your disease, proof of exposure to asbestos, the financial condition of the companies responsible for your exposure, the laws of the state or jurisdiction governing your claims, and other facts particular to your case. A good attorney will analyze all of the facts of your case and make strategic decisions in an effort to achieve optimal results. This is why it is again, best to seek out a lawyer who only does mesothelioma lawsuits.
8.) What is expected of me if I file a lawsuit?
Many mesothelioma patients are very afraid of the litigation process. Your lawyer should make you feel comfortable and relieved that you have a right to litigate and that they will be doing 99% of the work for you. That his what you are paying for! Here are some examples of what to expect from a good mesothelioma lawyer:
They will travel to your house to make it much easier for you, especially if you are suffering through the treatments etc.
Most of the paperwork can be handled by mail so that you are not having to travel or have them at your house regularitly.
At the beginning of your case, you will meet with lawyer to discuss the facts of your case, such as your history of exposure to asbestos.
You will also be asked to sign authorizations for gathering medical and other records important to your case.
You may be asked to give a deposition, whereby the attorneys for the defendants have the opportunity to ask you questions.
Your own attorney might also take your deposition to preserve your testimony, in the event you are later unable to testify at trial.
These depositions normally take place at your home, and at your convenience.
It is also common for a good mesothelioma lawuer to make a video of what a typical day in your life is like while you battle your cancer.
9.) How long will it take to resolve my case?
Each case is unique, and the amount of time it takes to resolve your case depends on a number of factors. In some jurisdictions, courts might provide for an “expedited trial setting,” meaning that the judge will give your case priority to help it resolve quickly. Factors such as the court’s docket backlog and the complexity of the discovery proceedings will determine the length of time to resolve your particular case. If an expedited trial setting is not available in your case, a lawsuit may take two or more years to resolve.
10.) Can I settle my case out of court, or will I have to go to trial?
Most mesothelioma cases can, and do, settle out of court. There may be several defendants in your lawsuit, depending on the asbestos products you were exposed to and other factors in your case. Some asbestos defendants might settle relatively early in your case, under administrative agreements with your law firm. Others may not settle until right before your trial date, or “on the courthouse steps,” as the saying goes. In some instances, it might be necessary to go to trial against a particular defendant to attempt to achieve the recovery to which you and your attorney believe you are entitled. It truly depends on how big the company is and how good your lawyer is.
11.) If I pass away before my case is resolved, will my family receive my compensation?
In most states, if you pass away before your case is resolved, your loved ones can continue to litigate it in your place. The person who you name in your will as the executor of your estate typically serves as the personal representative of your estate, and the beneficiaries of your will receive any compensation from your case. Depending on state law, certain family members may also have the right to seek compensation for their personal loss. Again contacting a mesothelioma lawer in your state immediately will tell you whether you are in a State that does or does not allow this.
12.) What happens if a defendant files for bankruptcy while my case is pending?
If a company files for bankruptcy, you can no longer sue it. The lawsuit against the company is put on hold pending the bankruptcy proceedings. In most asbestos-related bankruptcies, the bankruptcy judge reviews the companies’ finances and liabilities and sets up a trust fund to compensate asbestos victims. Such trust funds might take a number of years to set up, and the amount of compensation available is typically less than what you may have received if the company had not gone through bankruptcy. It is a sad fact, but I would not allow that from proceeding with litigation regardless.
13.) Will my lawyer have me undergo additional medical tests, apart from what my doctor has performed?
If you have been diagnosed with mesothelioma, you will not have to undergo any medical evaluation other than what your doctors order. If you have had a biopsy, your lawyer may order from your hospital a sample of the tissue to be sent for an independent pathology review. Defendants in your case might also seek to have an independent pathology review. This, however, does not require that you personally undergo any additional testing or examinations.