Do you, a family member or a friend need to know how to find a Mesothelioma lawyer? This page will give you some information and statistics on Mesothelioma, explain how to determine if you qualify to file a lawsuit and show you some of the best ways to find an experienced, competent lawyer to handle your case.
Mesothelioma is a rare cancer caused by exposure to asbestos. It is diagnosed in fewer than 3,000 people in the United States every year.http://www.mesotheliomaweb.org/mesothelioma.htm As rare as it is, however, if you worked in an environment where you were exposed to asbestos, you are a possible candidate for the disease. In addition, if you brought asbestos fibers home on your clothing or in your hair, your family members may be at risk as well. Mesothelioma has a very long latency period. Symptoms may not show up for as long as 20 to 50 years after exposure.http://www.asbestos.com/
In some industries, asbestos is still used in products and processes. For example, in the auto industry, asbestos is still widely used in brakes and clutches.http://www.asbestos.com/states/minnesota/st-paul.php OSHA and the EPA have both issued guidelines for cleaning and handling brakes and clutches. However, because asbestos has never been completely banned in the United States, people who work in the manufacture or installation of brakes and clutches may still be at risk of asbestos exposure.
If you were exposed to asbestos at any time in your life, the first thing you need to do is see your doctor for a thorough screening. If you are diagnosed with Mesothelioma, the most important thing to do is to start treatment. Once that is taken care of, you need to consult with a good attorney and find out if you qualify to file a lawsuit for compensation for your illness. While many people have received monetary awards, there are guidelines and precedents that must be followed, and having an attorney experienced in Mesothelioma litigation is vital to your case.
Disclaimer
The content on this page is for information purposes only and is not a substitute for professional medical or legal advice. Speak with a qualified lawyer to ensure that you get the most accurate information regarding any potential claim that you might have.
Video: Should You Hire a Mesothelioma Lawyer?
This is a video interview with Mary Hesdorffer, a nurse practitioner and Medical Liaison for the Mesothelioma Applied Research Foundation. In the video, she advises patients with mesothelioma to get a lawyer, pointing out that the disease is very expensive to treat. Settlement money can help to pay for medical bills not covered by insurance, travel expenses to visit doctors and the day-to-day expenses of daily living for the patient and their family.
Step 1: Get a Firm Diagnosis of Mesothelioma
Do not retain an attorney until you have a firm and absolute diagnosis of Mesothelioma from a qualified doctor. A lawyer can’t do anything on your behalf if you don’t have this diagnosis. If you were exposed to asbestos at any time in your life, see your doctor for a thorough exam, especially if you are experiencing any symptoms. Mesothelium are the sacs lining all of the internal cavities in your body. Mesothelioma occurs when a cancerous tumor or tumors grow on the mesothelium. About 70 percent of cases are Pleural Mesothelioma which starts in the chest cavity, usually in the lining around the lungs. Most other cases are Peritoneal Mesothelioma which starts in the abdomen cavity lining.http://www.mesotheliomaweb.org/mesothelioma.htm
Symptoms of Mesothelioma may include:
- Shortness of breath or painful breathinghttp://www.mymesorights.com/about.php
- Pain in the chest, back or under the rib cage
- Pain, lumps or swelling in the abdomen
- Coughing
- Fever
- Fatigue
- Night sweats
- Weight loss
Once you have received a diagnosis of Mesothelioma, your first priority should be to start whatever treatment your doctor orders. Once that is taken care of, collect all of the paperwork, lab results, x-rays, CAT scans and other information a lawyer will need to assess your case. Your doctor should be able to help you gather these materials from the different medical offices and facilities where they are located.
Step 2: Learn All You Can About Mesothelioma
Once you have received a Mesothelioma diagnosis, it's time to find an attorney. There are many attorneys out there who specialize in Mesothelioma and other asbestos-related diseases. One way to help you select the one that is right for you is to learn as much as you can about your disease and its causes and effects. You don't need to become an expert. But, the more you know, the better equipped you will be to assess a lawyer's medical and legal expertise on the subject of Mesothelioma.
Listen carefully when your doctor explains your condition and treatment to you. Take notes if you need to to help you remember important points. Ask for any literature that they may have to give you. Also, ask for recommendations for any books, periodicals or online resources that they suggest you read. If you don't understand something, ask questions.
There are many helpful web sites online about Mesothelioma. Some good places to start are sites for The National Institutes of Health, the American Cancer Society, the National Cancer Institute and Mayo Clinic. Also, be sure to check out your local library and book stores. Much has been written about the disease, so try to find the most authoritative sources you can. Read all you can to help you understand what the condition is and the impact it can have on your life. Again, the more you know, the better prepared you will be to speak to an attorney.
Step 3: Understand Your Legal Rights
While an attorney will be best able to advise you about all of your legal rights, it is a good idea to have a basic understanding of those rights before you have even found an attorney. Again, you don't have to become an expert. That's what your lawyer will be for. Just gather enough information so that you feel that you understand your basic legal rights.
Because of the negligence of companies that manufactured and used asbestos products in the past, you may be entitled to compensation for medical expenses, lost income and pain and suffering.http://www.asbestos.com/mesothelioma-lawyer/ The lawyer you select will know about any other expenses that you can claim based upon your individual situation. If a family member has passed away as the result of Mesothelioma, your lawyer may file a wrongful death suit. If you or a family member are currently suffering from the illness, a personal injury claim may be filed.http://www.asbestos.com/mesothelioma-lawyer/
Your specific rights will depend largely upon the state and county within which your case is filed. State laws vary, and your lawyer will determine which venue will be best for filing your case. In proving your case, he or she will have to be able to prove what caused your exposure to asbestos and which company or companies were responsible for that exposure. Each state also has statute of limitation laws that may affect your ability to file a lawsuit. It is important that you find an attorney as soon as possible after your diagnosis so that the statute of limitations don't run out before you are able to file your lawsuit.http://www.mymesorights.com/legalrights.php
Step 4: Find a Mesothelioma Lawyer
Finding the right Mesothelioma lawyer can be a challenge. Take the time to speak with several prospective attorneys before deciding on one. You'll want to find someone who is experienced in Mesothelioma and asbestos-related cases. But, you'll also want to find someone you can trust and feel comfortable with. With all the stress, confusion and other emotions you are already experiencing due to your disease, it is imperative that you find a lawyer who is sensitive to your need for clear answers to your questions in a timely manner. You need to know that when you call, they will call back, that they are reasonably available to meet with you and that no legal decisions will be made without consulting with you first.http://www.asbestos.com/mesothelioma-lawyer/attorney.php
When looking for an attorney, telephone books and internet directories can be a good starting point. However, a little extra research can help you to come up with a short list of lawyers you want to interview. If you know somebody who has been involved in a Mesothelioma lawsuit, ask for a referral. Court records are another good resource. They are considered public information and are often easy to access online. Search for Mesothelioma cases and see who the lawyer was and what the outcome of the case was.
When you meet with prospective attorneys, be prepared to ask lots of questions. Have your questions written down so that you don't forget to ask any of them. Take notes so that you can compare the information you receive from the different lawyers later. After meeting with several attorneys, who said what can become confusing, so taking these notes is very important.
After meeting with all of the lawyers on your list, sit down and review the information you obtained. Who seemed the most knowledgeable? Who did you feel most comfortable with? Consider not only what they had to say, but also how well they listened to what you had to say. Did they seem patient and understanding, or did you feel rushed? You need to feel comfortable with your lawyer, so a lot of your decision will be based upon your "gut" feelings about those that you met with.
Once you have made your decision, call the office of the lawyer you have chosen and make an appointment to get started.
High Risk Asbestos Exposure Sites
Prior to the 1980s when the government began to regulate the use of asbestos, many companies used products that may have exposed workers to dangerous levels of asbestos. There is evidence that many asbestos companies knew about the dangers of asbestos but failed to inform their employees or the general public in order to protect their profits.http://www.mesorc.com/asbestos-exposure/asbestos-companies/ Because of this cover-up, these companies are being held liable in many cases of asbestos-related illnesses such as mesothelioma and asbestosis.
One company whose name comes up time and again in cases of asbestos exposure is W.R. Grace who operated a vermiculite mine in Libby, Montana from 1964 to 1990. Asbestos from this mine was shipped to locations all over the United States. Below is a list of companies that received 80 percent of the asbestos shipments from this mine. These sites have been identified as high risk exposure sites and flagged for community assessments by the Agency for Toxic Substances and Disease Registry (ATSDR).http://www.mesorc.com/asbestos-exposure/asbestos-companies/
Ari-Zonolite Company, Glendale, AZ; California Zonolite/ W.R. Grace, Glendale, CA; Celotex, Edgewater, NJ; O.M. Scott & Sons, Marysville, OH; Robinson Insulation Company, Minot, ND; Supreme Perlite Company, Portland, OR; Texas Vermiculite Company/ W.R. Grace, Dallas, TX; Vermiculite Northwest, Inc./ W.R. Grace, Portland, OR; Vermiculite Northwest, Inc./ W.R. Grace, Spokane, WA Vermiculite of Hawaii, Honolulu, HI; W.R. Grace, New Castle, PA; W.R. Grace, Newark, CA; W.R. Grace, Phoenix, AZ; W.R. Grace, Santa Ana, CA; W.R. Grace, West Chicago, IL; Western Mineral Products Company, Denver, CO; Western Mineral Products Company, Minneapolis, MN; Western Mineral Products Company, Omaha, NE; Zonolite Company/ W.R. Grace, Beltsville, MD; Zonolite Company/ W.R. Grace, Dearborn, MI; Zonolite Company/ W.R. Grace, Ellwood City, PA; Zonolite Company/ W.R. Grace, Hamilton Township, NJ; Zonolite Company/ W.R. Grace, New Orleans, LA; Zonolite Company/ W.R. Grace, St. Louis, MO; Zonolite Company/ W.R. Grace, Tampa, FL; Zonolite Company/ W.R. Grace, Weedsport, NY; Zonolite Company/ W.R. Grace, Wilder, KY; Zonolite Company/W.R. Grace, Easthampton, MA;
Questions to Ask a Prospective Attorney
When speaking with prospective attorneys for your Mesothelioma case, you'll want to ask a lot of questions. Here are some important ones to get you started. You may also have some of your own to add to the list.
- How many Mesothelioma or asbestos-related cases have they handled? How many were settled? How many went to trial? What was the outcome?http://www.scambusters.org/mesothelioma-attorney.html
- Will the attorney handle your case personally?
- Will they be reasonably available to speak with you when you have questions? How quickly can you expect calls to be returned?http://www.asbestos.net/asbestos-legal-issues/mesothelioma-asbestos-and-other-asbestos-diseases-lawyers-and-attorneys.html
- What role will you play in your case? Will you always be consulted before any legal decisions are made?http://www.asbestos.com/mesothelioma-lawyer/attorney.php
- Will the lawyer require payment up front or as the case proceeds? Or will they accept the case on a contingency basis and receive payment from the final settlement. If so, what percentage of the final award will they take to cover their fees and expenses?
- What other resources does the attorney have at their disposal to investigate, build and prove your case?
- Will your case be handled as a standalone case, or will your claim be part of a larger case with more than one plaintiff?
