Friday, 2 October 2015

Mesothelioma Law Firm

How do I find the best mesothelioma law firm?

Most mesothelioma law firms are reputable.  Only a small number have been sued for fraud or malpractice or have been reprimanded by the courts.  Here are some things to consider when evaluating a law firm:

High ratings from the most prestigious independent lawyer rating agencies

There are several independent lawyer rating organizations that rate mesothelioma lawyers and law firms for performance and ethics.  Probably the best known, oldest, and most prestigious is called Martindale-Hubbel.  These ratings are calculated from peer review – other lawyers and judges.  You want a firm with the highest scores and for Martindale-Hubbel the highest score is called “AV Preeminent 5.0 out of 5.” Only a s
Awards or accolades from important legal and consumer organizations
A more experienced mesothelioma law firm will have received awards and accolades from various consumer groups and legal organizations.  You may ask about these.

Specific experience with your type of asbestos exposure

This means if you are a 65 year old male who worked construction when you were younger in Philadelphia then you should consider hiring a law firm with prior experience representing males in their 60’s who did construction work in Philadelphia.  Or if you are a 70 year old house wife in Oregon who washed clothes for your husband who is an ex-auto mechanic then you should consider hiring a firm with experience with secondary exposure (asbestos fibers brought home on another’s clothes) in Oregon.  It is important that the law firm you hire has the experience that fits as precisely as possible with you and your type of asbestos exposure.  The reason is because there are many different companies that made many different types of asbestos containing products at different times and distributed these products to different cities and states.  Specialized knowledge is needed in order to demonstrate who is responsible for your asbestos exposure and to build a case that will withstand legal scrutiny.  It can be advantageous to hire a law firm that already has this knowledge.

Possessing the resources to select the appropriate jurisdiction for your case

Most asbestos cases are heard in state court and each state is different in terms of its speed of processing cases and their historical values.  In addition a legal “nexus” must exist between a plaintiff and defendant in order to file a complaint in a specific jurisdiction.  Since most mesothelioma victims are exposed to a variety of asbestos containing products from different defendants, there may be more than one jurisdiction available.  You want a law firm that has the resources to select the legally appropriate venue that offers you the greatest advantages in speed and value.

Does the law firm have a successful trial record?

It can be a big advantage to hire a mesothelioma law firm that has recent wins in court.  This is because trial wins send a powerful message to asbestos defendants that they have to pay appropriate settlements or they may have to face your successful mesothelioma trial lawyers in the court room and risk an even bigger loss.  Therefore, you may want to consider hiring a law firm that has many recent wins at trial.
Does the law firm prepare and present cases for individual review to the trust funds? Does the law firm arbitrate with the trust funds if necessary? 
There are over 60 asbestos trust funds with nearly $30 billion in trust for asbestos victims.  Some of these funds may be available to you.  Today, these trust funds comprise a larger and larger percentage of overall compensation for most mesothelioma victims.  To maximize the value of your claim it can be helpful to treat your claim individually by submitting for individual review and arbitrating to get a better value when necessary. Unfortunately, many law firms do not do this.  This is something you may want to ask about.

Summary

To summarize – here are six important considerations when selecting a law firm:
  1. High ratings from the most prestigious independent lawyer rating agencies
  2. Awards or accolades from important legal and consumer organizations
  3. Specific experience with your type of asbestos exposure
  4. Possessing the resources to select the appropriate jurisdiction for your case
  5. Does the law firm have a successful trial record?
  6. Does the law firm prepare and present cases for individual review to the trust funds? Does the law firm arbitrate with the trust funds if necessary?

For decades, mesothelioma, a life-threatening disease that can affect the lungs, abdomen, and several other major organs, has been linked to prolonged exposure to asbestos.Typically, mesothelioma victims were exposed to asbestos while working at a job site that used asbestos-containing materials (ACMs). In many cases, the manufacturers of asbestos and ACMs knew of the hidden dangers and risks of asbestos, yet failed to inform the public, as asbestos was an extremely profitable mineral. Because of the hinderance of information, workers who developed health issues from asbestos exposure may be eligible for financial compensation to cover expenses such as lost wages, medical bills, emotional suffering, physical pain, and more.
If you suffer from an asbestos-related disease, you may be eligible for a large amount of compensation. Currently, there is over $30 billion in asbestos trust funds, set up for those who have been diagnosed with an asbestos-related illness. Use our free Asbestos Attorney Locator Tool to find a top mesothelioma attorney in your area.

What Does a Mesothelioma Law Firm Do?

Mesothelioma law firms are different from any other type of law firm. Whereas other law firms may specialize in specific areas such as car accidents or nursing home abuse, mesothelioma law firms focus primarily on mesothelioma and other asbestos-related diseases. It’s not recommended to retain legal representation from a general practice law firm or even a personal injury law firm that specializes in a wide array of injury cases. You’ll need an attorney who specifically specializes in mesothelioma cases, as these types of lawsuits are extremely intricate and require vast, in-depth understanding of asbestos exposure and diseases.
Attorneys in a mesothelioma law firm have the knowledge and experience regarding federal and state laws concerning asbestos use and its history in the workforce. They also have sharp investigative skills and are able to dig deep to uncover when and where companies and/or other entities exposed workers to asbestos. Additionally, mesothelioma law firms are comprised of educated attorneys who understand the legal process involving courts, trials, settlements, and appeals.
Moreover, an experienced malignant mesothelioma law firm understands that the victim is already suffering enough because of the medical and financial problems associated with asbestos-related diseases. As a result, the law firm will handle most everything regarding the lawsuit, including fighting for the legal rights of the client, interviewing witnesses, obtaining medical history, litigations, and more.
A dedicated mesothelioma law firm also understands the severe emotional impact that living with mesothelioma brings, not only to victims, but to family members and loved ones as well. An experienced mesothelioma law firm takes this into account and helps ease the minds of victims and their loved ones throughout this enduring process.

What to Look for When Hiring an Asbestos Law Firm

Unfortunately, not all mesothelioma law firms are the same. While some may have several years of experience, other law firms are relatively new to the area of mesothelioma. In addition, some law firms may concentrate on other areas of law besides mesothelioma while another law firm may solely focus on asbestos cases.
Aside from using your good judgement when determining which law firm you should use, there are several factors you should consider:
  • The law firm should have experience in dealing with mesothelioma cases.
  • The law firm should be extremely knowledgeable in asbestos laws and prior cases.
  • Look for a law firm that focuses solely on asbestos-related cases.
  • Look for law firms with a stellar reputation in handling asbestos cases.
  • The law firm should not only understand asbestos laws, but should also have extensive knowledge of medical problems associated with asbestos diseases.
  • The law firm should always keep you updated on what’s going on in your case. Although attorneys are busy people, they should be accessible.
  • You should always get an initial consultation at no charge before deciding on a mesothelioma law firm.
Keep in mind that it’s not recommended to retain a mesothelioma law firm that promises you that you will win your case no matter what. Although statistics show that the majority mesothelioma victims do go on to win their lawsuits, there are a variety of factors involved, and no case is guaranteed. An experienced mesothelioma law firm will help you to understand your chances and what is involved, but will never assure that your case is 100% guaranteed.

Making Things Easier

Although leading mesothelioma law firms do the majority of work for your case, it’s always a good idea to be prepared and make things easier so that the process gets rolling faster.
First, make sure to gather your medical documents, including when and where you were diagnosed, and bring this information to your initial meeting. This will allow the law firm to determine if your case can be taken on.
Next, be prepared to provide the law firm with your work history and information including the full company name, address, phone number, your job role, and how long you worked there.
Finally, start keeping track of all expenses used pertaining to your disease. For example, always keep a copy of medical bills, hospital visits, mileage used to get to appointments, medical supplies, and anything other expense you paid out due to your illness.

How a Mesothelioma Law Firm Can Personally Help You

When first getting started, victims usually have a plethora of unanswered questions regarding asbestos and their rights. A mesothelioma law firm should be able to provide you with following information:
  • Evidence Related to Your Exposure: Once you provide the law firm with your work information, they should be able to investigate and determine how asbestos was used at your workplace. In some cases, they may already have the information available.
  • If You Truly Have an Asbestos Claim: Mesothelioma law firms understand what’s needed in order to have a true asbestos claim. With this knowledge, they are able to determine how strong your case is and what the estimated chances are that you’ll win. Most attorneys make sure they’re confident in your case before taking it on. Be wary of any attorney who promises to take your case without knowing any of the details or an attorney who claims they can get you an exact amount of compensation before reviewing your case.
  • Your Case Worth: If the law firm decides you have an asbestos case, they will then be able to come up with an average figure of how much your case is worth. This is including past expenses, daily expenses, medical bills, lost wages, emotional trauma, physical suffering, future expenses, and much more. Keep in mind, however, that there is no set formula as to how much your award amount may be. The aforementioned factors, along with other details, such as if your former company has a trust fund set up or not, will also come into play.
  • Who Exactly is Responsible: It can be difficult for the average person to determine who exactly is responsible for exposing victims to asbestos. For example, companies can move, go out of business, hide, suppress relevant information, and change ownerships. In some cases, your former company is responsible, the manufacturer of the asbestos products may be responsible, or supervisors and/or owners may be responsible. In other instances, there may be just one sole responsible entity, yet in a different case, there may be several responsible parties. Remember that part of an experienced mesothelioma law firm’s job is to research, seek out, and determine the entity or responsible parties that are liable for your exposure to asbestos.

Mesothelioma Law Firm Fees

Mesothelioma law firms may have different fees as well as different payment options. However, an experienced and caring law firm understands that victims of asbestos-related diseases more than likely have enough financial burden in dealing with their illness, and are unable to afford up-front fees for legal representation. As a result, many law firms work on what’s known as a contingency fee basis, meaning that the law firm only gets paid when you get paid.
If the law firm doesn’t win your case, they don’t receive compensation either in most instances. The good news, however, is that a law firm has to be confident enough in your case to take it on, meaning there is a good chance that if your case is picked up, it will be successful.
Law firm fees are percentages taken out of your total settlement or verdict amount, and again, the percentage amount will vary depending upon the law firm. Make sure you understand how the fees and percentages work with your law firm beforehand so that there will be no confusion later on.
If a law firm doesn’t provide a contingency fee basis, there is a good chance that they don’t have to financial resources to successfully prove your case. Keep in mind that you’ll want a law firm that has the financial capability  to take on your case on a contingency fee basis.
Attorneys without the resources to handle your case usually can’t provide you with the best representation. An ideal rule of thumb is to ask up-front about how the fees work so that there are no surprises later on. Attorneys with your best interest in mind will have no problems answering any questions you have regarding fees and prices.

Frequently Asked Mesothelioma Law Firm Questions

Do I have to go to court? 
This is one of the most commonly asked questions, which is understandable, as most people who are dealing with an asbestos-related illness generally do not want to spend time in a court room. Generally, you will not have to go to court. Most mesothelioma lawsuits are taken care of via settlements.
In some instances, however, if the defense doesn’t agree on a settlement or if you don’t agree on a settlement, you may have to go to trial, which requires going to court. An experienced mesothelioma law firm will help you through every step of the way, and if you are too ill to attend, arrangements can be made to record your testimony beforehand.
What if I don’t know which company exposed me to asbestos? 
As previously mentioned, part of a mesothelioma law firm’s job is to uncover the parties responsible for your asbestos exposure. The culpable parties are typically manufacturers who supplied asbestos to job sites, which can range from one company to many.
I have workers’ compensation benefits. Can a mesothelioma law firm still help me even if I have other compensation benefits?
Other compensation benefits, such as workers’ compensation or VA benefits, doesn’t disqualify you from seeking compensation from the companies who exposed you to asbestos. A mesothelioma law firm can help you file a lawsuit against the responsible parties.

Additional Tips to Remember

  • When searching for a mesothelioma law firm, you shouldn’t narrow your search down to your local community only. There’s a chance that your case may be filed out of state.
  • An experienced mesothelioma lawyer should have no problems flying to your city to meet with you, given that they are out of state.
  • Although the law firm should be able to give you an average figure that you may receive, giving an exact amount is impossible. Any mesothelioma law firm that guarantees you an exact amount should be considered untrustworthy.
  • A mesothelioma should be able to handle not only mesothelioma cases for survivors, but wrongful death cases involving asbestos exposure.
Early, Lucarelli, Sweeney & Meisenkothen has consistently been at the top of the list in terms of per case settlement dollars obtained for its asbestos clients. We represent in excess of one thousand eight hundred victims of asbestos disease in their cases against the asbestos industry. Hundreds of these victims suffer from mesothelioma cancer. We are currently licensed to practice in: California, Connecticut, Illinois, Massachusetts, Missouri, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Washington D.C. Almost two decades of asbestos law experience has resulted in close working relationships with mesothelioma attorneys throughout the United States for the representation of individuals with asbestos cancer. We will carefully explain your legal rights to you.
We have dedicated extensive resources to gathering information and evidence against the asbestos industry. We will explain the multiple paths to follow to maximize your recovery against asbestos manufacturers and suppliers. We will discuss with you the options of law suits, out of court settlements, and claims in the bankruptcy courts. We will seek to determine and advise you as to the best course of action in your case. In many cases we can obtain settlement offers from certain asbestos manufacturers within a few months of retention.
We urge you to consider our extensive database of medical information, mesothelioma treatment options, and product identification that dates back to the 1930s when choosing your legal representation. Our Web site contains the most up-to-date information from the best sources; it is a source of pride, and we hope that it shows. Maintaining the site and adding new material is a daily process because our clients indicate they want it that way. In fact, Early, Lucarelli, Sweeney & Meisenkothen is often approached by doctors and world medical conferences, asking if they can place information on our Web site. Of course, we answer yes. Moreover, we are a nationally recognized law firm, which runs at the forefront of asbestos litigation, as we are intimately involved with current legal and political events regarding asbestos. We urge you to contact Early, Lucarelli, Sweeney & Meisenkothen first.

Martindale-Hubbell's Highest AV Rating

ELSM has been awarded Martindale-Hubbell’s highest AV rating for excellence in ethical standards and legal expertise. This highly regarded system utilizes both client and peer review feedback to rate lawyers in the areas of experience, expertise, knowledge, judgment, communication and ethics.
The goal of the rating system is to help those seeking legal counsel to make informed decisions with a higher level of confidence. When you choose a law firm with a Martindale-Hubbell AV rating, like Early, Lucarelli Sweeney and Meisenkothen, you can be assured that you have chosen to work with attorneys that are well regarded by their peers, have an exceptional track record and that work with a high degree of integrity.In short, you have chosen the best.
The following letter from Martindale-Hubbell confirms that Early, Lucarelli, Sweeney and Meisenkothen has earned an AV rating, the highest rating awarded only to those who exhibit excellence and uphold high standards of conduct in the legal profession.


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