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mesothelioma

What to Look for When Researching Mesothelioma Law Firms

Kazan Law Mesothelioma LawyersIf you’ve found yourself on this page, chances are that you are looking into mesothelioma law firms, either for yourself or for a loved one who has been diagnosed with mesothelioma. As you’re probably well aware, mesothelioma is a specific type of cancer that only occurs after a person has been exposed to asbestos. Due to federal and state law, people who have been exposed to asbestos and develop mesothelioma are entitled to compensation.

Unfortunately, obtaining compensation is not as simple as letting your employer know that you have mesothelioma and collecting a check. While it’s patently unfair, victims often have to jump through certain hoops to get the compensation they deserve. In addition, the way that your claim is handled can have a significant impact on the amount of compensation you ultimately recover.

For this reason, it’s highly advisable for anyone seeking compensation for mesothelioma to retain the services of a mesothelioma law firm to represent them during the claims process. Not surprisingly, there is no shortage of law firms and attorneys that all claim to be the best in the business for your claim. So how are victims supposed to make an informed choice? Fortunately, there are objective factors that can help you make the right decision. Here are a few of the things that you should look for when researching a mesothelioma law firm.
 

Experience Counts

Mesothelioma cases are very different from other areas of law, which is why certain law firms choose to focus only on handling these kinds of claims. For this reason, it’s highly advisable for anyone seeking mesothelioma representation to retain an attorney who specializes in mesothelioma claims, as opposed to a generalist personal injury or product liability attorney. Look for a firm with many years of experience in the field and that only represents people with mesothelioma.
 

The Firm Should Do the Heavy Lifting

As a person suffering from mesothelioma, you should not be expected to handle your claim on your own when you have retained a law firm to represent you. Before you choose a mesothelioma law firm, you should make sure that they will handle every aspect of your claim on your behalf. They should come to you for meetings, research your exposure to asbestos, request and review your medical records, and handle any communications with Asbestos Bankruptcy Trust Funds, insurance companies or claims administrators on your behalf.
 

You Should Never Pay Up-Front

If a law firm ever asks you for money before agreeing to take on your mesothelioma case, walk out of the office or hang up the phone immediately. The overwhelming majority of qualified mesothelioma law firms work on a contingency fee-basis, which means that they will only get paid if you recover compensation. If you do not, you will not owe the law firm anything. This type of arrangement incentivizes law firms to get you as much compensation as possible and ensures that your lawyer has a reasonably strong belief that you have a case.
 

Case Results

Finally, you should look at a firm’s previous case results. While past results are no guarantee of future success, previous settlements and awards can give you a pretty good idea as to how good a firm is at helping clients maximize the compensation they receive. While obtaining the maximum compensation available will not cure the disease, it can help you and your family achieve financial security and feel that justice has been done.
 

Call Kazan Law Today to Schedule a Free Case Evaluation with a Mesothelioma Lawyer

If you or a loved one has mesothelioma, there’s a good chance that you or your family member is entitled to compensation. Remember, mesothelioma only occurs as a result of exposure to asbestos and the asbestos companies have an absolute duty to protect their customers and the public from such exposure. At Kazan Law, we are committed to helping mesothelioma victims and their families obtain the compensation to which they are entitled by seeking the largest possible settlement or award on your behalf. To schedule a free case evaluation with one of our experienced mesothelioma lawyers, call our office today at 877-995-6372 or contact us online.

 

 

Understanding Mesothelioma Statute of Limitations

Mesothelioma is a rare and deadly form of cancer caused by past exposure to asbestos. Many individuals and their surviving family members have filed suit, but others may lose the opportunity to receive compensation because of the mesothelioma statute of limitations.

States place differing limits on how long a claim for compensation may be filed. The limitations may vary depending on whether it is the patient or the surviving family members who file.
 

Personal Injury Statute of Limitations:

The personal injury statute of limitations varies from one year in California for someone still working to six years in Maine and North Dakota to never in California for someone already retired. That’s the amount of time from the diagnosis that the cancer patient has to file a claim. Meeting the relevant deadlines is easier with the help of a mesothelioma attorney. Preparing a lawsuit and filing can take a few months, and you can lose important legal rights if your filing is not timely enough in both personal injury and wrongful death cases.
 

Wrongful Death Statute of Limitations:

Wrongful death suits typically must be filed within two years of the individual’s death. Other states put the limit at three years, or one year in a couple of states. In New York and Florida the statute of limitations is much shorter for wrongful death than for personal injury, for example.

However, it can be difficult to file a wrongful death lawsuit. Family members might not know the individual got cancer from asbestos exposure. If they know it was from asbestos exposure, they may not know where and when the exposure happened, or whose asbestos products were involved. It takes time to realize this information is necessary and then even longer to find it.

For either type of claim, the various state limitations are very important. The applicable state statute depends on three factors:

  • Current and past places of residence
  • Job sites where asbestos exposure occurred
  • Location of the responsible company

Collecting this information can be time-consuming though. This is a bigger problem for wrongful death suits, because of the much-shorter statute of limitations, and the death of the person with the most personal knowledge of the facts.

Some states have special provisions for mesothelioma cases. In some cases, there can be immediate trials for people suffering from mesothelioma, asbestosis, or lung cancer. In those states, individuals with terminal cancer may have their cases sped up. New York is one state with an “immediate trial” rule.

This slow-moving form of cancer has affected thousands of blue-collar workers who worked in shipyards, general construction, and manufacturing industries. Companies that made asbestos-containing products have been sued many times in many states, in part because they have disregarded the risks of working around asbestos.

If you have mesothelioma or had a family member die of this asbestos-related cancer, don’t let the mesothelioma statute of limitations pass. Check your state law to see how long you have to file your claim and contact a mesothelioma attorney as soon as possible. Our law firm has over 40 years of experience representing families who were affected by a loved one’s mesothelioma diagnosis.
 

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