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Written By: Robert King, Esq.
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Choosing the best mesothelioma lawyer to support your case is important when filing an asbestos claim. There are specific steps patients and their families should take to ensure they hire a knowledgeable and dedicated attorney. Many patients can benefit from hiring a seasoned lawyer who can understand and use complex facts, laws, and medical information required to build a strong lawsuit against asbestos companies.

In this article, you will find 10 steps to help you choose the best mesothelioma lawyer. These steps include talking to the lawyer during an initial consultation, learning about their past asbestos cases, reviewing client testimonials, and understanding how the attorney charges for their services. Taking a thoughtful and reasoned approach to your search can help you increase your chances of a favorable outcome for your asbestos claim.

How to Choose the Best Mesothelioma Lawyer:

Step 1: Look for Proven Experience in Mesothelioma Lawsuits

You want a lawyer with deep knowledge of the technical facts and laws involving mesothelioma lawsuits. As you search for attorneys, look for ones who have handled asbestos claims successfully before. When you meet with a potential lawyer, talk to them about their practical experience and accomplishments with asbestos cases.

For example, ask them how they have investigated asbestos exposure cases in the past and what sets them apart from other law firms. Have them explain past cases they have won against companies that exposed people to asbestos. The fact that they won a case similar to yours in the past does not guarantee a win in your situation. However, it does clue you in to what might be possible in your lawsuit.

Infographic listing what to look for in a mesothelioma attorney.

Step 2: Schedule an Initial Consultation to Discuss Your Case

Reading an attorney’s website or billboard is one thing, but an individual consultation is more important. Everyone has a catchy slogan. But you can gain a lot from talking to the attorney and their legal team one-on-one. Before you hire a lawyer, schedule a no-obligation consultation with them. Many seasoned mesothelioma attorneys do not charge you any money for this meeting.

A good mesothelioma attorney will be calm, attentive, understanding, and respectful. They should take the time to hear about your story and what led you to this point. They should also offer advice and ask thoughtful questions. If you feel pressured or rushed, or if the law firm asks you to pay money just to meet them, consider going elsewhere.

Step 3: Prepare Questions to Ask During Your Consultation

Make the most of your time with your potential lawyer by preparing questions to ask them ahead of time. Writing these questions down before the meeting can be helpful so you do not have to think of or remember your questions on the spot. If you are comfortable doing so, you might also want to ask loved ones or friends what they think you could ask. Here are a few to get you started:

  • How much does the attorney charge to take on asbestos cases?
  • Will you have to pay the attorney even if they lose your lawsuit?
  • What are the odds of you winning your mesothelioma claim?
  • Does the lawyer only do settlements, or are they prepared to go to trial?
  • How many mesothelioma cases has the attorney won or lost?
  • How often will you receive case updates?

If you are filing a mesothelioma lawsuit for a family member, ask questions about how that process may be different from filing a lawsuit on your own behalf.

Remember: You are interviewing a personal injury attorney, and the power to hire them or move on is entirely yours. Do not be afraid to ask challenging or brutally honest questions you would want answers to before you can feel comfortable working with them.

Step 4: Review Their Case Results and Settlement History

Ask your potential mesothelioma attorney about their past results and successes for their clients. Some attorneys post their biggest wins on their websites, but those might not reflect the reality for most clients. Ask your attorney what types of cases they have taken, who the defendants were, and whether they were settlements or trial verdicts. Confidentiality is important, but a good attorney can provide you with insights while preserving previous clients’ confidentiality. If the attorney is unwilling to discuss their past cases or settlements or only talks about their multimillion-dollar verdicts, they might not be a good fit.

Beware of firms that only focus on settling as quickly as possible. Oftentimes, these are traps, and the attorneys are only focused on getting fast, easy money for themselves and their clients. However, settling a case quickly is not always the best for the client, especially if they have costly cancer treatments. The attorney should be thoughtful and fair about any potential settlement agreements.

Step 5: Consider the Law Firm’s Resources and Expert Network

Handling a mesothelioma case requires time, willpower, and attention. Because of this, reputable and successful asbestos attorneys have a strong team behind them. For example, a good mesothelioma lawyer should understand how to assemble a strong case against the companies responsible for your asbestos exposure.

Their team is trained to submit and review key records to craft legal arguments. They should understand the best way to structure your claim so you have the best chance at the most compensation. They also collaborate with professionals who investigate asbestos sources. Before you hire a law firm, ask them about their network of experts and resources.

Step 6: Check if the Firm Has National Reach for Asbestos Cases

The best mesothelioma lawyers have jurisdiction to file claims in the state most beneficial to your case. Deciding which state to file your lawsuit in is a complex process. You should discuss with your attorney whether or not they and their legal partners can represent your claim, no matter where it is filed.

Your law firm should have national reach, enabling it to file in the location that gives you the best chance at receiving fair compensation. Your lawyer should be licensed in other states or have close partnerships with attorneys who are. Additionally, reputable mesothelioma law firms have ways to coordinate meetings with out-of-state, hospitalized, or home-bound clients.

Step 7: Understand the Lawyer’s Fee Structure and Costs

Mesothelioma lawyers often work on a contingency basis, rather than charging an hourly or flat fee. The contingency-fee structure allows mesothelioma patients and their families to get legal help without worrying about cost. Under this structure, the attorney takes an agreed-upon percentage of the total settlement if they win the client’s case. And, they do not receive any legal fees from the client if the attorney loses the case. A qualified mesothelioma attorney can also discuss how mesothelioma settlements are taxed.

Steer clear of attorneys who ask for hefty payments up front, like a retainer or installment payment. Ask the lawyer how they charge their clients and if the attorney receives their percentage before or after legal expenses (like filing fees) are taken out. Make sure the attorney fee arrangement is in writing and that you understand and agree to the terms before you sign it.

Step 8: Evaluate Communication Style and Client Support

With a disease as serious as mesothelioma, it is a good idea to talk to different firms and get a feel for how they communicate with their potential clients. Evaluate how the attorney and their staff talk to you when you contact them about their legal services. Consider the following:

  • Do they treat you with care and patience, or are they blunt or rushed?
  • Do they carefully explain the onboarding steps to you?
  • How quickly do they return your messages or calls?
  • Do you know who you will be working with during your mesothelioma case?
  • Do they offer flexible meeting times, locations, and modalities (like virtual, phone, or in-home appointments)?

Having a compassionate, knowledgeable, and effective legal team is important to help you navigate your asbestos claim. Your attorney should make you feel heard and comfortable during this emotional time.

Many mesothelioma cases resolve within 12 to 18 months; however, some may end before this or last longer. Your mesothelioma attorney should provide a practical timetable for your specific situation. They should also be open about your settlement and trial opportunities. Your lawyer should also discuss the asbestos trust fund and VA benefit options that may be available to you.

It is also a good sign if your lawyer plans to prepare for trial, even if they want to try to settle the case. Performing an in-depth investigation into your asbestos claim helps attorneys craft persuasive settlement proposals. Many defendants will shy away from going to trial if they know the victim’s counsel is ready to present a strong mesothelioma case in court.

Step 10: Read Client Reviews and Testimonials and Talk to Others

Finally, read reviews left by past clients. You can find these in a couple of places, like on the attorney’s website, third-party platforms (such as Google), and a state bar association’s website. Reading about others’ experiences helps you understand what to expect if you were to hire the attorney.

Green flags to look for include compassionate and consistent communication, efficiency, professionalism, and favorable outcomes. Steer clear of attorneys who have disciplinary complaints against them, pressure their clients, or do not return clients’ calls.

Community forums like Reddit and Quora can be great resources to ask anonymous questions to people who have already gone through this process. People who have already filed and settled mesothelioma claims can offer valuable insights.

Infographic listing things to watch out for when looking for a mesothelioma attorney.

Contact a Mesothelioma Lawyer Today

If you were diagnosed with mesothelioma, call (585) 496-2648 to schedule a free case review with King Law today. Our team has years of experience holding corporations accountable for causing people to develop mesothelioma. We welcome the opportunity to discuss your asbestos exposure and recommend next steps to help protect your health and legal rights.

Frequently Asked Questions (FAQs)

What should I expect during my first consultation with a mesothelioma lawyer?
During your first consultation with a mesothelioma lawyer, you may discuss your reasons for contacting the lawyer, your goals, the lawyer’s background, and your legal options.
Are initial consultations with mesothelioma lawyers usually free?
Many mesothelioma lawyers provide free initial consultations. The best attorneys do not charge client money unless they secure their client compensation. They also take a fair percentage of the award.
What resources do top mesothelioma law firms have that smaller firms may not?
Top mesothelioma law firms have expert networks, a national reach, a wealth of knowledge, and practical tools, as well as fine-tuned processes for handling asbestos cases.
Will a national firm still provide personal attention to my case?
Reputable and trusted national law firms will still provide personalized attention to your mesothelioma case.
How do contingency fees work in mesothelioma cases?
In mesothelioma cases, a contingency fee means the lawyer will receive an agreed-upon percentage of the client’s final settlement if the lawyer wins the case for the client.
What percentage of my compensation will go to attorney fees?
It depends on what you and your attorney agree on. Some firms charge less but do not fight for the best outcome for their clients.
Will I work directly with the attorney, or mostly with their staff?
Reputable lawyers work directly with their clients and have their paralegal in a supportive role. For example, the lawyer may discuss in-depth case updates, and the paralegal might send out reminders for record collection. You can talk to your lawyer about how their firm operates and what your preferences are.
How long does a typical mesothelioma case take to resolve?
Some mesothelioma cases take 6 to 18 months to resolve. However, each case is unique. So, some may take longer than this, and others may be quicker.
What red flags should I watch for when evaluating mesothelioma lawyers?
Red flags to look out for when evaluating mesothelioma lawyers include high-pressure tactics, poor communication, bad results, and disciplinary complaints.
How often should I expect updates about my case?
You should receive regular updates about your case. For example, your attorney should check in with you when there is an important event in your case, such as court dates, depositions, and new document filings. Talk to your attorney about how often you would like to receive updates.
What should I do if I want to get started with a mesothelioma lawyer?
To get started with a mesothelioma lawyer, find a reputable attorney and schedule an initial consultation. This allows you to get to know them and how they can help you before you make a decision.