[Posted on November 22 2013 by Robert Shuttlesworth]
If you have been injured by exposure to asbestos and plan on filing a mesothelioma lawsuit against the negligent party or parties that caused that exposure, the following article is for you. Maybe you have decided to file but haven’t yet begun the process or maybe you are only considering embarking on your own legal journey towards restitution. In either case, there certain things you’ll want to know before getting started.
Prior to filing a mesothelioma lawsuit, you’ll want to consider that:
1. A qualified asbestos law firm will handle your case in-house.
One of the most important things to be aware of when choosing a lawyer to file your claim is that it is a surprisingly common practice for firms to solicit individuals that have mesothelioma claims only to later pass those “clients” off to other firms. This sort of brokerage service is not, however, designed with the client’s best interest in mind and may not serve this purpose. Therefore, it is highly advised that you avoid such scenarios when shopping for an attorney to handle your case.
2. Filing a mesothelioma lawsuit requires the collection and presentation of extensive evidence.
Many people underestimate the amount of evidence required in any successful asbestos injury claim. Your attorney must prove several things in order to collect damages on your behalf. Namely, it must be adequately proven that you were, in fact, both exposed to asbestos and caused harm, as a result. This means that you must be able to turn over to your attorney (and the defendant): medical records, proving that you have been given a mesothelioma diagnosis, and indisputable proof that you were exposed to asbestos within the expected period of time prior to receiving that diagnosis.
Additionally, you and your attorney must compile documentation proving that the defendant in your case was responsible for the asbestos exposure that will show both responsibility and negligence on the part of that entity (usually a company that manufactured or installed asbestos products—and sometimes both).
3. Though you will not have to pay an initial retainer or be responsible for the payment of legal fees while your case is in progress, you will be expected to pay for your attorney’s services (if you receive a settlement).
The attorney you choose for filing your mesothelioma lawsuit will be working for you on what is called a contingency basis. What this means is that he or she will be entitled to payment for services rendered at the conclusion of your case—assuming that a financial award is secured on your behalf. If your attorney fails to either win at trial or negotiate a settlement, you will not owe anything. Assuming that you do receive payment of damages, this amount will be less whatever the percentage fee charged by your attorney—usually something in the vicinity of 30-40%.
