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Finding the right mesothelioma
attorney will
help maximize your chances of winning a settlement in a court
of law.
What an Asbestos Attorney Does
A mesothelioma lawyer is one who
practices in the field of torts - that is, personal injury law
and has experience representing victims of asbestos.
Torts cover everything from minor sports injuries caused by a
Little League coach's oversight to wrongful death due to gross
negligence on the part of a large corporation.
Because asbestos
litigation is
now entering its fifth decade, has become so frequent and
involves such large sums of money, it has become a
sub-specialty of the law; in legal terms, asbestos
liability is
said to be a mature tort. This means that there have been
enough cases over a sufficient amount of time to establish
case law and precedent.
Since mesothelioma can take years and
even decades to appear after initial asbestos
exposure, these cases pose
unique challenges. Over such periods of time, companies go out
of business, change their names and/or go into the production
of different materials; they move to other states or even
other countries; often, they have been acquired by other
corporations and are operated as subsidiaries.
This can cause difficulty in identifying the party who bears
ultimate liability. Typically, preparing for an asbestos case
requires large amounts of painstaking research which involves
close examination of old records, previous cases, legal
documents and even photographs. Often, witnesses must be found
and asked for testimony regarding events and issues dating
back twenty to forty years and more.
In addition, because the onset of the disease is often years
after exposure to the cause, establishing this causation
("cause and effect," which is at the heart of all personal
injury litigation) often requires the testimony of medical
experts.
How to Find the Right Mesothelioma Lawyer
It is tempting to go straight to the
Internet and type "mesothelioma lawyer" into your favorite
search engine. However, this may not be the best strategy.
First of all, such a query will result in well over two
million hits. Even if you limit your search to a specific
state, you may wind up with a million hits or more. You should
be satisfied with your communication with a lawyer and mesothelioma
law firms before
making your decision.
Consider what is at stake, and then proceed accordingly. You
may want to ask a potential mesothelioma lawyer the following
questions:
-
How many
mesothelioma (not just asbestos) cases have they handled?
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What were the usual outcomes (out-of-court settlement, win,
loss, appeal)?
-
Will the attorney be handling your case personally? (At
times attorneys may refer your case to another firm that may
be better suited to help in your situation - often providing
you with the services of both their firms and another at no
extra cost to you- this may be a benefit to you)
-
Will you be able to speak with him/her as needed? Will your
calls be returned in a timely manner and your questions
answered clearly?
-
Will s/he and/or the firm accept the case on a contingency
basis? (Because of high costs of this type of case, this is
often the only option for many individuals; the lawyer takes
his/her fee and expenses as a percentage of the final award)
-
Will your case be handled on an individual basis, or
"bundled" with several other similar cases? (This may hurt
you if your case is a strong one, but can be helpful to
weaker cases)
-
Does the attorney or firm have a network of lawyers
nationwide who will share their research and expertise in
order to build a solid case on your behalf?
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