MESOTHELIOMA LAW
FIRM
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1. What is
mesothelioma law firm?
Mesothelioma, also known as asbestos
cancer, is a rare but deadly disease which affects the pleura (a thin lining
surrounding the lungs) and other parts of the body. It is caused by exposure to
asbestos, naturally occurring minerals which were widely used in various
industries for their fire-resistant properties. The most common form of this
cancer is lung mesothelioma, which is also known as pleural mesothelioma.
Asbestos fibers can also attack the lining of the abdominal cavity, resulting
in peritoneal mesothelioma. Additionally, mesothelioma cancer sometimes affects
the pericardium, a sac which surrounds the heart, as well as other organs in
the body.
2 What Does a
Mesothelioma Law Firm Do?
Law firms specializing in mesothelioma are different from
any other type of law firm. Whereas other firms may specialize in areas
like car accidents or nursing home abuse, mesothelioma law firms focus
primarily on mesothelioma and other asbestos related diseases.
It’s
not recommended to retain legal representation from a general practice law firm
or even a personal injury firm that specializes in a wide array of injury
cases. You’ll need an attorney who specifically specializes in
mesothelioma cases, as these types of lawsuits are extremely intricate
and require vast, in-depth understanding of asbestos exposure and diseases.
Attorneys at these law firms have knowledge and experience
regarding federal and state laws concerning asbestos use and its history in the
workforce. They also have sharp investigative skills and are able to dig deep
to uncover when and where companies and/or other entities exposed workers to
asbestos. Additionally, these law firms are comprised of educated attorneys who
understand the legal process involving courts, trials, settlements, and appeals.
“When dad was diagnosed with
mesothelioma, our world was turned upside down. Not knowing what to do next, I
researched and interviewed many firms. Some firms were nothing more than
marketers. Others offered up call screeners to take my name and number. And
then there was Mesothelioma Lawyer Center. It was with them that I found peace,
knowledge and professionalism. They have done everything they said they would
do and then some. Contacting Mesothelioma Lawyer Center was the best decision I
could have made for my family.”
~ Dale R.
3. What Are Law Firm Fees?
Law firms may have different fees as well as different payment
options. However, an experienced and caring law firm understands that victims
of asbestos-related diseases more than likely have enough financial burden in
dealing with their illness, and are unable to afford up-front fees for legal
representation. As a result, many firms work on what’s known as a contingency
fee basis, meaning that they only get paid when you get paid.
If the
law firm doesn’t win your case, they don’t receive compensation either in most
instances. The good news, however, is that a firm has to be confident enough in
your case to take it on, meaning there is a good chance that if your case is
picked up, it will be successful.
Law firm
fees are percentages taken out of your total settlement or verdict amount, and
again, the percentage amount will vary depending upon the firm. Make sure you
understand how the fees and percentages work with the firm beforehand so that
there will be no confusion later on.
If a law
firm doesn’t provide a contingency fee basis, there is a good chance that they
don’t have the financial resources to successfully prove your case. Keep in
mind that you’ll want a firm that has the financial capability to take on your
case on a contingency fee basis.
Attorneys
without the resources to handle your case usually can’t provide you with the
best representation. An ideal rule of thumb is to ask up-front about
how the fees work so that there are no surprises later on. Attorneys with your
best interest in mind will have no problems answering any questions you have
regarding fees and prices.
4. How do I File a Mesothelioma Claim?
There are several different methods you can use for your claim
process. Keep in mind that before starting you should seek the advice of an
experienced mesothelioma law firm.
Bankruptcy Trusts: With the overwhelming amount of victims coming forward,
several companies filed bankruptcy. However, this doesn’t mean that these
companies and businesses are completely out of funds. In many instances, courts
mandate that these companies set up a fund specifically for
mesothelioma lawsuits, especially if prior lawsuits against the companies have
been filed. It’s advisable to speak with your asbestos attorney to determine if
the company you worked for falls under this category.
Litigation Claims: Litigation is the most popular type of claim. If you’ve
been diagnosed with mesothelioma or any other asbestos-related disease, you
probably already know how expensive treatment can be. However, along with
treatments expenses, you may also be entitled to recover damages for emotional
trauma, pain and suffering, loss of income, loss of enjoyment of life, and
more. If the victim has passed away from an asbestos-related disease, loved
ones and dependents have the right to file a wrongful death lawsuit on the
victim’s behalf. Your attorney will be able to give you a more detailed list of
what you may be eligible to be compensated for.
Veterans Claims: If were exposed to asbestos while serving in the military,
you may be able to file a veterans claim. For more information on the
qualifications, contact your local Veteran’s Administration. Your attorney will
also be able to assist you with this.
Workman’s Compensation: Typically, workman’s compensation
is not enough to cover all of your expenses if you’ve been exposed to an
asbestos-related disease. However, you may be eligible for workman’s
compensation along with other types of claims if you were exposed while
working as an employee of a company. Speak with an asbestos attorney concerning
this type of claim as it can get quite intricate.
5. What Type of Claim Should I
File?
Mesothelioma
claims encompass both personal injury and wrongful death claims.
Personal Injury Claims:
Personal
injury claims are filed by surviving people who’ve been diagnosed with mesothelioma,
but it can also be filed by a family member with power of attorney if the
victim is too ill to start the claims process. The phrase “personal injury”
means injuries that occur both physically and emotionally, although the laws
for punitive damages will vary by state. It’s the most common type of tort
claim in the United States. For mesothelioma personal injury claims, winning
your case means that you may be to entitled to damages for:
- Medical expenses related to your illness (past, present, and future)
- Lost wages (past, present, in future)
- Physical and emotional paid (related to your illness)
Personal
injury claims can filed filed for any amount the plaintiff sees fit. For
instance, in 2015, former Morehead State University (MSU) student and employee, Lewis
Williamson, 61, filed a $1 billion lawsuit against the school after he
developed asbestosis. Williamson claims that his time spent working and
studying at MSU led to his illness because the school was filled with
asbestos-containing materials, that were used when the school was constructed.
Williamson
remembered he constantly had chest pain that was so severe that it prevented
him from working at a new job he took. Eventually, he had to return home
back to his hometown of Kentucky, where he was diagnosed with asbestosis.
“I
got offered a job out west and got sick and spent around four years unable to
work. I came back to Kentucky and sought medical care. The x-rays came back and
said I didn’t have anything. But I had this constant pain.”
Along
with seeking $1 billion to be set aside in trust funds for future
claimants’ medical expenses, he’s seeking $1 million in lost wages,
another $1 million in pain and suffering compensation, and $20 million in
punitive damages for himself. As a nurse, Williamson says he feels obligated to
try and help others, and he wouldn’t take a penny if it meant the $1 billion
trust fund could be set up for other people who’ll eventually come forward to
file claims against MSU.
“I
don’t care if I get anything. Anyone who walks in those buildings is at risk to
exposure. Until I publicize this they’re not going to address the
situation. This has been going on for years, since 1980 at least. In essence,
they don’t value the lives of their students, employees, and visitors…..They’re
going to pay one way or the other. Too many people have been exposed.”
Wrongful Death Claims:
A
wrongful death claim is filed against a party responsible for causing the
death of a human, or in some cases, the deaths of numerous people. In
mesothelioma cases, the responsible party is generally the manufacturer who
sold asbestos to companies willingly, although they did so knowing the risks
that asbestos poses on health.
In
some instances, employers are also liable for wrongful death, particularly if
they knew asbestos was dangerous but did nothing to protect their employees.
Damages from wrongful death claims generally include:
The
victim’s medical expenses associated with the illness
Funeral
and burial expenses
Loss
of consortium damages (depending on the state you live in)
Pecuniary
damages, which includes loss of financial support to dependents and spouses
Damages
for loss of parental guidance (if the victim had children and if your state
allows this type of claim)
Damages
for emotional and physical pain
Mesothelioma
victim John Haspell is a example case of a successful wrongful death
claim. Haspell, a former engineer, passed away from mesothelioma after
being exposed to asbestos continuously while working at a chemicals plant
in Greater Manchester, England.
Although
the dangers of asbestos were well known in England during the 1960s-1980s while
he worked at the plant, neither Haspell nor his co-workers were ever informed
of the risks they were taking each time they went to work.
Following
his 2010 death, Haspell’s family filed a wrongful death claim on his behalf,
alleging that the chemicals plant should have done a better job in warning
workers of asbestos risks and protecting them. They also alleged that the
asbestos manufacturers should also be liable for supplying the toxic mineral to
job site. The family won the wrongful death lawsuit for an unspecified amount.
6. When Should I File?
Keep
in mind that every state has a statute of limitations that everyone must
follow. Failure to file your claim within your state’s statute of limitations
will result in you losing the opportunity to legally file at all. It’s also
important to note that you may need to follow the statute of limitations for
the state in which you were employed when the asbestos exposure occurred (if
different from your current state of residence) and/or the state where the
responsible companies are located. The following list is the most current
statute of limitations for all 50 states:
- Alabama: 2 years from diagnosis or 2 years from death for wrongful death statute
- Alaska: 2 years from diagnosis or 2 years from death for wrongful death statute
- Arizona: 2 years from diagnosis or 2 years from death for wrongful death statute
- Arkansas: 3 years from diagnosis or 3 years from death for wrongful death statute
- California: 1 year from diagnosis or 1 year from death for wrongful death statute
- Colorado: 2 years from diagnosis or 2 years from death for wrongful death statute
- Connecticut: 3 years from diagnosis or 3 years from death for wrongful death statute
- Delaware: 2 years from diagnosis or 2 years from death for wrongful death statute
- District Of Columbia: 3 years from diagnosis or 1 year from death for wrongful death statute
- Florida: 4 years from diagnosis or 2 years from death for wrongful death statute
- Georgia: 2 years from diagnosis or 2 years from death for wrongful death statute
- Hawaii: 2 years from diagnosis or 2 years from death for wrongful death statute
- Idaho: 2 years from diagnosis or 2 years from death for wrongful death statute
- Illinois: 2 years from diagnosis or 2 years from death for wrongful death statute
- Indiana: 2 years from diagnosis or 2 years from death for wrongful death statute
- Iowa: 2 years from diagnosis or 2 years from death for wrongful death statute
- Kansas: 2 years from diagnosis or 2 years from death for wrongful death statute
- Kentucky: 1 year from diagnosis or 1 year from death for wrongful death statute
- Louisiana: 1 year from diagnosis or 1 year from death for wrongful death statute
- Maine: 6 years from diagnosis or 2 years from death for wrongful death statute
- Maryland: 3 years from diagnosis or 3 years from death for wrongful death statute
- Massachusetts: 3 years from diagnosis or 3 years from death for wrongful death statute
- Michigan: 3 years from diagnosis or 3 years from death for wrongful death statute
- Minnesota: 4 years from diagnosis or 3 years from death for wrongful death statute
- Mississippi: 3 years from diagnosis or 3 years from death for wrongful death statute
- Missouri: 5 years from diagnosis or 3 years from death for wrongful death statute
- Montana: 3 years from diagnosis or 3 years from death for wrongful death statute
- Nebraska: 4 years from diagnosis or 2 years from death for wrongful death statute
- Nevada: 2 years from diagnosis or 2 years from death for wrongful death statute
- New Hampshire: 3 years from diagnosis or 3 years from death for wrongful death statute
- New Jersey: 2 years from diagnosis or 2 years from death for wrongful death statute
- New Mexico: 3 years from diagnosis or 3 years from death for wrongful death statute
- New York: 3 years from diagnosis or 2 years from death for wrongful death statute
- North Carolina: 3 years from diagnosis or 2 years from death for wrongful death statute
- North Dakota: 6 years from diagnosis or 2 years from death for wrongful death statute
- Ohio: 2 years from diagnosis or 2 years from death for wrongful death statute
- Oklahoma: 2 years from diagnosis or 2 years from death for wrongful death statute
- Oregon: 3 years from diagnosis or 3 years from death for wrongful death statute
- Pennsylvania: 2 years from diagnosis or 2 years from death for wrongful death statute
- Rhode Island: 3 years from diagnosis or 3 years from death for wrongful death statute
- South Carolina: 3 years from diagnosis or 3 years from death for wrongful death statute
- South Dakota: 3 years from diagnosis or 3 years from death for wrongful death statute
- Tennessee: 1 year from diagnosis or 1 year from death for wrongful death statute
- Texas: 2 years from diagnosis or 2 years from death for wrongful death statute
- Utah: 3 years from diagnosis or 2 years from death for wrongful death statute
- Vermont: 3 years from diagnosis or 2 years from death for wrongful death statute
- Virginia: 2 years from diagnosis or 2 years from death for wrongful death statute
- Washington: 3 years from diagnosis or 3 years from death for wrongful death statute
- West Virginia: 2 years from diagnosis or 2 years from death for wrongful death statute
- Wisconsin: 3 years from diagnosis or 3 years from death for wrongful death statute
- Wyoming: 4 years from diagnosis or 3 years from death for wrongful death statute
