If you have been diagnosed with mesothelioma, you may want to know how to get legal help for a mesothelioma claim. Hiring an attorney can help you get the best compensation possible for you and your family. This page offers practical advice for how to get filing assistance from an attorney for different types of asbestos-related claims.
You can obtain mesothelioma attorney assistance by researching knowledgeable law firms, confirming eligibility, scheduling a free consultation, reviewing fee agreements, and beginning the legal filing process. This guide contains information for each step in that process.
About the Mesothelioma Attorney Assistance
What Does It Mean to Obtain Mesothelioma Attorney Assistance?
Why Work With a Mesothelioma Lawyer Instead of a General Attorney?
6 Steps to Obtain Mesothelioma Attorney Assistance
What Types of Cases Do Mesothelioma Attorneys Handle?
What to Expect After Obtaining Attorney Assistance
Common Concerns When Seeking Mesothelioma Legal Assistance
What Does It Mean to Obtain Mesothelioma Attorney Assistance?
Having the assistance of a mesothelioma attorney means you will be represented and advised by a lawyer and other legal professionals. This legal team will have training in handling mesothelioma cases from beginning to the end. They can prepare strong legal arguments to give you the best chance for a fair compensation package.
The lawyer and their staff can tell you if you are eligible for a payout and how you can apply for one through a lawsuit or trust fund claim. They can also complete and turn in paperwork and supporting documentation within the applicable mesothelioma claim deadline. And, they can negotiate a fair settlement package or take your case to a full trial if needed.
Reputable mesothelioma law firms are compassionate and competent advocates for people who were exposed to asbestos. They have national reach, meaning they are licensed in multiple states or have connections with out-of-state counsel. Asbestos lawyers handle the legal matters so individuals and families affected by mesothelioma can focus on treatment and life.
Why Work With a Mesothelioma Lawyer Instead of a General Attorney?
Mesothelioma lawsuits require special knowledge, training, and tools that general attorneys may not have. Mesothelioma attorneys have access to resources, experts, and exposure databases to help piece together your case. They have databases and other resources to trace your asbestos exposure back to specific products and companies. If you worked with multiple types of asbestos products, your attorney can identify the multiple companies responsible for your asbestos exposure. Then, they can take legal action against those companies.
In contrast, general attorneys handle many types of lawsuits, but they may not have deep knowledge of asbestos cases. So, they may not be able to provide the fine-tuned representation that a mesothelioma lawyer can. They may miss evidence or procedural steps that mesothelioma attorneys would pick up on.
General attorneys may not be familiar with all the types of payout options (e.g., lawsuit and trust fund claims) available to clients. Mesothelioma lawyers not only know about the various compensation options, but they are trained in the procedure for pursuing each of them.
At King Law, our lawyers and legal partners have been representing people with mesothelioma for decades. Our team of professional counsel knows how to compile a claim that gives someone the best chance of meaningful compensation from asbestos companies.
6 Steps to Obtain Mesothelioma Attorney Assistance
When you want to file an asbestos exposure claim, there are steps you can take to get legal assistance. In general, you want to start by gathering records, researching law firms, and reaching out to your preferred law firms. You would then schedule an initial consultation and learn about the attorney’s fee structure. Finally, you would begin the legal process, which your attorney will guide you through.
Here are the simplified steps to obtaining an attorney for assistance with a mesothelioma claim:
- Start gathering your medical and employment
- Research qualified law firms to represent your case
- Contact a law firm to confirm eligibility and discuss your diagnosis and exposure
- Schedule a free consultation
- Get information on what you will pay for representation and when you will pay
- Retain a law firm and begin the filing process
Step 1: Start Gathering Medical and Personal Records
You should start gathering paper or electronic records related to your or your family member’s diagnosis and treatment. Additionally, if you have any employment records, you can gather those. When you hire an attorney, they will advise you on specific records that will be needed and how to obtain these records if you do not have them.
Step 2: Research Qualified Law Firms That Have Strong Experience in Mesothelioma Legal Assistance
The first step is to find mesothelioma law firms that have the knowledge, track record, tools, and training to help you. They should be reputable and have a history of successfully handling mesothelioma claims. They should also have a national reach and have many positive client reviews.
The mesothelioma law firm should have experience settling asbestos cases and taking them to trial. You want a lawyer who is prepared to advocate for your best interests in both scenarios, not just a lawyer who wants to settle for a quick payout.
Step 3: Confirm Eligibility in Your Mesothelioma Case
The second step to hiring a mesothelioma attorney is to figure out if you qualify for compensation. Typically, you should have a mesothelioma diagnosis or be diagnosed with another disease related to asbestos exposure. You should also have a history of asbestos exposure. That said, if you are not sure when or how you were exposed to asbestos, that is okay. Your attorney can help you figure out where your asbestos contact came from.
If your loved one died from mesothelioma exposure, you may be able to file a wrongful death claim. Your attorney can help you determine your full range of settlement options.
Step 4: Schedule a Free Consultation to Discuss Your Mesothelioma Case
After you find potential mesothelioma attorneys, it is time to schedule a free, no-obligation consultation. You should be cautious of law firms that only give potential clients a short, basic case review or make them pay for consultations. Top mesothelioma lawyers do not charge potential clients for consultations. Respected mesothelioma law firms provide meeting times and locations that make the clients’ lives easier (such as in-home or virtual visits).
During the meeting and subsequent meetings, you and the attorney will talk about your mesothelioma diagnosis, your work history, and how you may have been exposed to asbestos. The consultation also gives you an opportunity to interview the lawyer and make sure they are a good fit for you. Take note of how the firm treats you, how easy or stressful it was to schedule the appointment, and whether they answered all your questions.
Step 5: Understand the Fee Structure at the Law Firm
Typically, mesothelioma lawyers do not charge clients any upfront legal fees for their services. Instead, they would take an agreed-upon percentage of the client’s payout if the lawyer wins the client’s case. This is called a contingency fee agreement, and the standard range is about 33 to 40 percent, depending on the complexity of your case.
This arrangement allows clients to hire a mesothelioma lawyer without worrying about how they will afford one. Steer clear of lawyers who charge hefty retainers or pressure you into signing a fee agreement on the spot.
Step 6: Begin the Legal Process
Once you hire your attorney, it is time to begin the legal process. Typically, you would first work with the lawyer to gather information about your diagnosis, asbestos exposure, injuries, and expenses. The attorney will submit record requests and review documents to locate key information to build a strong case.
Depending on your work and asbestos history, you may qualify for multiple types of asbestos payouts, such as a trust fund claim, personal injury lawsuit, or VA benefits. If you are eligible, your attorney can prepare multiple claims to maximize your settlement opportunities. Throughout the process, the attorney will handle as much of the legal paperwork as possible so you can focus on your recovery.
What Types of Cases Do Mesothelioma Attorneys Handle?
Mesothelioma attorneys take cases from people diagnosed with mesothelioma, asbestosis, or lung cancer caused by asbestos. Based on the diagnosis, your attorney should be equipped to handle multiple types of asbestos-related claims. Common mesothelioma settlement options include the following:
- Personal injury: Claims filed by living patients who were exposed to asbestos during their lives. Family members may be able to file mesothelioma claims on behalf of incapacitated loved ones.
- Wrongful death: Surviving loved ones can file a lawsuit on behalf of a family member who died from mesothelioma.
- Asbestos trust fund cases: Claims filed by mesothelioma patients against at-fault businesses that have established a trust to pay claimants.
- Military and Veteran Claims: Filed by people who were exposed to asbestos while serving in the military (many of these claims are filed by people who served in the Navy).
- Product and premises liability: Patients file lawsuits against a business or company that exposed them to asbestos (such as insulation, their workplace, or a product).
- Secondary Exposure Claims: Family members file a claim because they developed mesothelioma after exposure to asbestos brought into the home from their loved one’s work.
Your mesothelioma attorney should explore all possible options for you and your family. Experienced mesothelioma lawyers know which claim types will be in the best interests of their client.
What to Expect After Obtaining Attorney Assistance
After you hire your lawyer, they will begin working on your case. Here are the things you should expect immediately:
- Collecting records related to your employment, military service, medical bills, and other costs
- Responding to inquiries from your attorney and their team
- When possible, enlisting a family member to assist you during this time
While you are doing these things, your legal team will start investigating your asbestos exposures and researching your compensation options. Then, they would prepare and file a mesothelioma lawsuit or advise you on submitting other types of claims. Next, they would explore settlement options and attempt to reach a fair out-of-court arrangement.
The vast majority of mesothelioma cases end in a settlement; however, your attorney should be prepared to go to trial if you choose to. Your compensation package should cover the full extent of your damages, including your medical bills, lost wages, lost earning capacity, prescriptions, and pain and suffering. While each damages award is personalized for that patient, some payouts reach $1 million or more.
Common Concerns When Seeking Mesothelioma Legal Assistance
Looking for a mesothelioma lawyer can feel daunting, and many people have questions about finding and hiring one. Common concerns include cost, settlement timelines, and options for family members if their loved one has died or become incapacitated from mesothelioma.
How Much Does It Cost to Hire a Mesothelioma Attorney?
It should not cost you anything to hire a mesothelioma attorney. Mesothelioma attorneys work on a contingency, meaning they do not charge you any money to hire them or have them handle your case. They would get paid out of your final settlement, and they would only receive funds if they win your case for you.
You and the attorney would agree upon the percentage that they will receive. This way, you do not have to worry about affording an attorney. King Law and our legal partners take mesothelioma cases on contingency, and we do not charge any money to provide a case evaluation or consultation.
How Long Does It Take to Get Help With My Case?
When you reach out to a reputable law firm, a qualified member of their team should reach out to you in 1 to 3 days. Once you schedule a consultation, you can decide if you want to retain that firm to represent your case. In many cases, you can start receiving help with your mesothelioma claim in a couple of weeks.
If you win your mesothelioma claim, you should receive a payout a few months afterward. However, the claim may take up to a year or more to reach a resolution. Most mesothelioma claims take 6 to 18 months to resolve. Some claims, such as those that go to trial, may take up to 3 years. Factors that can impact the length of your case include the complexity of your lawsuit and whether you reach a settlement or go to trial. Your mesothelioma lawyer can help you by quickly and accurately processing your claim.
Can Families Obtain Assistance if the Patient Has Passed Away?
Another common concern is whether loved ones can seek compensation if their close family member passes away from mesothelioma. Spouses, children, or parents may be able to file a wrongful death claim if their loved one dies from asbestos exposure. Other family members or trustees may be able to pursue claims, depending on specific circumstances.
Compensation that may be available to family members includes funeral and burial costs, payment of their loved one’s medical expenses, lost earning potential, and the loss of their loved one’s companionship and support. If the mesothelioma patient dies during their lawsuit, their experienced attorney should be able to transition their case into a wrongful death claim on the family’s behalf.
Get Mesothelioma Attorney Assistance Today
For information about filing a mesothelioma claim, call (585) 496-2648. We are accepting cases nationwide. King Law provides personalized, compassionate, and competent legal services to mesothelioma patients. We can help you figure out who is at fault for your mesothelioma and how you can get a fair compensation package to support you and your loved ones.
We will not charge you any money for an initial case review, and we take all mesothelioma cases on contingency. Our team and legal partners have decades of experience with mesothelioma claims. We are ready to support you and your family throughout the legal process.