Because every case is unique, it is difficult for any attorney to determine how much compensation a person might expect from a lawsuit before your case has been fully investigated and litigated. In fact, it is unethical for an attorney to “guarantee” a certain amount of recovery in your case in the beginning. Beware of attorneys who promise you a certain amount of compensation during your first conversation. A good attorney’s ability to obtain compensation for you will depend on many factors, such as the nature of your disease, proof of exposure to asbestos, the financial condition of the companies responsible for your exposure, the laws of the state or jurisdiction governing your claims, and other facts particular to your case. A good attorney will analyze all of the facts of your case and make strategic decisions in an effort to achieve optimal results.
Some people diagnosed with mesothelioma are surprised when their doctor suggests that their cancer may be caused by asbestos. It is not uncommon for a mesothelioma patient to not realize at first that he or she has been exposed to asbestos in the past. Asbestos was once commonly used in a vast array of products, and is still found in the U.S. today. A knowledgeable attorney can help you examine your work and family history to determine how you might have been exposed to asbestos. Your attorney can then investigate these possible sources of exposure.
If you were previously diagnosed with asbestosis and have recently been diagnosed with an asbestos-related cancer, such as mesothelioma, there is a chance that you can also be compensated for the cancer. Many states recognize that mesothelioma develops many years after a disease like asbestosis, and that a person has the right to seek compensation for both. Many lawyers has successfully convinced courts in Texas, Florida and Iowa to allow recovery for asbestos victims in such cases, and several other states also recognize this right. There might be other factors involved in whether you can bring a second claim, which your attorney can evaluate for you.
Some attorneys handles cases on a “contingency fee” basis, meaning that you do not need to pay out-of-pocket for legal fees and expenses. This helps people who otherwise do not have the financial means to hire a lawyer to secure legal representation. Under a “contingency fee” arrangement, lawyers receives a legal fee as a percentage of your total recovery only if we are successful in achieving compensation for you. If we do not achieve compensation for you, we do not get paid for our services. We also will advance the expenses of litigating your case, such as court filing fees, expert witness fees and the like. If we are successful in achieving a recovery for you, these expenses are deducted from your portion of the recovery.
Most states allow a lawsuit for the wrongful death of a spouse or family member, even if he or she did not file a lawsuit while alive. There is a limit on the amount of time you have for filing such a suit. If you are interested in pursuing a case, you should secure an attorney as soon as possible.Some states’ laws do not provide for the same types of compensation to the family of the deceased as would have been available to the mesothelioma victim while alive, so it is advisable for a person with a mesothelioma diagnosis to pursue his or her claim as soon as possible after the diagnosis.
