Mesothelioma Legal Questions
Q. Is it financially worthwhile to seek compensation?
A. Yes, amounts may be very significant, and are often enough to provide care for the patient, as well as financial security for the surviving spouse and family.
Q. What is the advantage of dealing with compensation issues now?
A. In most states, a case will settle more quickly if the plaintiff is alive, because those cases receive priority. Additionally, there is no one better suited to establish the facts of exposure than the person who has the disease. It is important to accomplish this while he/she is still strong and able to relate this information. And, all states limit the amount of time after a diagnosis that funds can be made available.
Q. Why is the asbestos industry required to pay compensation to victims of mesothelioma? As someone who has never filed a claim of any kind, should I feel right about filing?
A. Yes, you should. It has been proven from internal documents, that the companies who manufactured asbestos-containing products knew of the dangers of their products as far back as the 1920s, yet failed to warn anyone until the 1970s.
They conspired as an industry to spread false and manipulated medical results so people would be persuaded their products were safe. Many of these companies are now willingly negotiating settlements, which allow the victims and their families to achieve financial security and peace of mind as they deal with the devastating results of mesothelioma.
Q. How can you prove exposure from so long ago?
A. People have been exposed to asbestos in many different ways, sometimes unknowingly. Some are exposed on the job or in military service; some are exposed at home. A firm with experience in investigating asbestos exposure has numerous proven methods for finding and documenting a person’s exposure.
Q. How do I find the right attorney?
A. Some states do not have attorneys who handle asbestos cases. It is important to make a connection with a firm that is experienced in the claims processes, has a proven track record, a strong network of local counsel, and will also give you personal attention.
We send an attorney to meet with you at no cost or obligation before you make any decisions. Our firm handles cases nationwide; we currently have clients in all 50 states. We put together a legal team that includes local co-counsel in the state of filing at no additional cost to the client. Click here for a description of the claims process.
Q. How can we afford to have our claim investigated, filed and represented?
A. Our firm handles cases on a contingency fee basis. This means that you pay nothing unless we make a recovery for you. You will only pay out of this recovery, and will not have out-of-pocket expenses.
Q. Where would be case be filed?
A. Every case is evaluated to determine the geographical options for filing. For instance, a person might live in Oklahoma, have been in the Navy on a ship that docked in California, and been exposed to a product in Texas. We might advise against filing in Oklahoma, where settlements are traditionally lower, and instead suggest filing in California, where, like Texas, settlements may be higher, and case resolution may be quicker. In such cases, we would add local California counsel to the legal team at no additional cost.
Q. Are these class actions?
A. No. Our philosophy is against class actions. Our firm believes in representing one person at a time in their own personal case. In this way, the client’s situation is evaluated and compensated individually, based on its own circumstances and merits.
Q. How long does it take to resolve these cases?
A. In many jurisdictions, mesothelioma cases are treated with urgency, and are given high priority. This is particularly true if the client is alive. In addition, we target numerous asbestos manufacturers, and as soon as a settlement with one manufacturer is reached, the funds are dispersed to the client. In this way, the client and his/her family receive settlements along the way, rather than waiting for a single lump sum at the end, thus enabling them to use the money for medical treatment or other personal expenditures while the client is still alive.
Q. Would this claim be filed against my employer?
A. Our firm files claims against the asbestos industry, where, in most situations, people with mesothelioma will receive the largest recoveries. If a person has an interest in filing against their employer, we would refer the client to an attorney who handles Workers’ Compensation claims.