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.
I can’t afford to pay an attorney. How can I afford to file a lawsuit?
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.
My husband recently died of mesothelioma. Now that he’s gone, is it too late for me to file suit?
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.
I have just been diagnosed with mesothelioma. I want to seek compensation, but I have surgery and treatment to deal with. Is it okay to hold off from filing suit for the time being?
When receiving a diagnosis of mesothelioma, you and your family are suddenly confronted with many important decisions to make. Of course, you must work with your medical professionals to make important decisions about your treatment options. Additionally, if you want to pursue compensation, it is advisable to do so as soon as possible, for a number of reasons. First, you are the best source of information about your history of asbestos exposure, and it is important that your testimony is preserved early in your case in the event your health fails and you are unable to testify at a later date. Also, in some instances a person with a diagnosis of mesothelioma can get an “expedited” (fast) trial setting, whereas if you pass away before the trial date in your case, it might face a significant delay. Also, the sooner you pursue your case, the sooner you might receive compensation to help with your medical bills and other needs. Even if your trial setting is several months in the future, you might qualify for bankruptcy trust and administration settlement monies relatively early in your case.
I’m not sure I want to file a lawsuit. How long do I have to decide?
By law, you have a limited amount of time to file a lawsuit for mesothelioma. If you do not file your case within that time frame, you maybe be barred by the “statute of limitations” (or “prescriptive period” in Louisiana) from ever pursuing your claim. In some states, you only have one year after your mesothelioma diagnosis to file a claim. In a majority of states, the limitations period is two years, and some states allow three or more years. Determining the statute of limitations in your case will depend on a number of factors, including the facts of your individual case and where your case is ultimately filed. One of the first jobs of an attorney who takes your case is to determine the limitations period in your particular case.
