What Your Mesothelioma Attorneys Should Do For You
Choosing the right mesothelioma attorneys can give you peace of mind during a difficult and stressful time of life.You don’t deserve this disease. That’s why it’s essential that you find the right mesothelioma attorneys to represent you, fight for you in court, and ensure you get the best financial compensation possible— money to cover your medical costs, lost income, living expenses, as well as secure the future security of your family.
Choosing the Right Mesothelioma Attorneys For Your Case
When it comes to a mesothelioma lawsuit, the stakes are high. Choosing the right attorney for your case may be one of the most important decisions you’ll ever make. So plan on doing a thorough search. Ask former colleagues where you worked, and search online for referrals. The mesothelioma attorneys you select should have:
- Proven Mesothelioma Litigation Expertise: Mesothelioma law is very complicated. An ordinary trial lawyer simply will not do. Your mesothelioma attorneys should have in-depth expertise in asbestos litigation, and familiarity with the mesothelioma laws and court guidelines that vary from state to state.
- An Impressive Track Record for Winning Cases: Your mesothelioma attorneys should have experience with jury trials, an understanding of asbestos history, manufacturing and construction, plus a proven track record for winning asbestos lawsuits and obtaining large settlements.
- Bankruptcy and Asbestos Trust Experience: Many of the corporations responsible for asbestos-related illnesses closed shop years ago. However, under the bankruptcy reorganization code section 524(g), they were required to fund asbestos trusts with enough money to pay current and future asbestos claims.
There are now about 50 asbestos bankruptcy trusts; together they represent over $30 billion reserved specifically almost exclusively for mesothelioma settlements and trials.
The type of attorney you choose could make a difference in the compensation you receive. Mesothelioma attorneys with extensive experience often get more for their clients than lawyers who don’t have experience with asbestos claims. Do your research and make sure to work with an attorney who has lots of experience with mesothelioma lawsuits and trust claims.
- Extensive Reach and Resources: Unlike most personal injuries, the symptoms of asbestos-related diseases can take decades to appear. So there will be a lot of investigating to conduct, and historical evidence to collect, in order to properly prove your claim.
Make sure the firm you choose has the resources available, including the ability to travel, in order to document and research your case. Here is just some of the documentation your mesothelioma attorneys will need to collect:
- Past employment history
- Proof of asbestos in the workplace
- Medical records indicating the onset of your symptoms
- The history of the companies whose asbestos hurt you, and records of their asbestos sales
- A Commitment to Cutting-Edge Science: Top-notch mesothelioma attorneys keep up with the science and medical breakthroughs discovered through clinical mesothelioma studies and research. The findings from these studies can help bring scientists closer to finding a cure, and may even be used by your attorney to help prove your case in court.
- A Reputation for Being Pioneers in Mesothelioma Law: Having the right mesothelioma attorneys on your side can make all the difference. The firm you choose should enjoy a well-earned reputation in the area of mesothelioma law. Some firms limit their cases exclusively to asbestos-related illness, giving them laser-sharp focus and breadth in this complicated area of law.
What Your Mesothelioma Attorneys Will Provide You
Once you have hired your mesothelioma attorneys, you will embark upon a process that will include discovery, depositions, settlement discussions, a possible trial, verdict and a possible appeal. (However, most mesothelioma lawsuits do not go to trial because they are settled out of court before the trial takes place).
- Discovery: As the name implies, “discovery” is the process by which your mesothelioma attorneys will subpoena documents, and submit interrogatories in order to “discover” important things about the defendant such as who was responsible for the asbestos exposure, and where and when the exposure took place.
If you’ve selected the right mesothelioma attorneys, they will work with a team of investigators to identify the asbestos products you were exposed to, and the companies responsible for the “safety” of your work site. These investigators will likely contact your co-workers, oncologists and pulmonologists; they will visit libraries and archives, query databases, access government documents, and examine company records.
- Deposition: One form of discovery that directly impacts every client is the deposition. This is a legal proceeding that will take place in or near your home or at your attorney’s office. Your attorney will start by asking you a round of questions; then the defendant’s attorneys will ask you some more. Your statements and answers will be recorded on video.
An experienced attorney will meet with you before the deposition – to explain what will happen, prepare you, and address any concerns you may have. Your mesothelioma attorneys will protect you throughout the deposition.
- Working With Bankrupt Defendants: If the company responsible for your illness has gone bankrupt, there is a good chance they set up an asbestos settlement trust. While moving the case toward trial, your mesothelioma attorneys may submit claim forms and negotiate with the trustees of these settlement trusts. The money received from these trusts is generally much less than would have been received had they been in the litigation, as the compensation amounts the trustees are required to pay out are limited to ensure there is enough money to pay future claimants who will be diagnosed years from now.
- Settlement: As soon as possible, your asbestos attorneys will put your case on the court’s trial calendar. This action usually kicks off the beginning of serious settlement negotiations with the accused defendants.
Many defendants choose to settle once presented with the evidence against them. Your attorney will work with you to obtain the best settlement possible, given the facts of your case. If you decline the settlement offer, don’t be surprised if the defendant makes another offer during the trial proceedings. It is unusual for a case to go all the way to a verdict.
- Trials: Asbestos trials usually last about a month with evidence being given by treating doctors, oncologists, pulmonologists, pathologists, industrial hygienists, co-workers, you and your family. The benefit of going to trial is that the verdict award may be higher than the original settlement offer. But that is not always the case. The verdict can also go to appeal, which is another risk, as it can further delaythe outcome by years.
Over more than 40 years, the esteemed mesothelioma attorneys at Kazan Law have obtained hundreds of millions of dollars for thousands of people hurt by this dreadful disease. To learn more about your legal rights, visit us at kazanlaw.com or call for a free legal consultation today at 888-887-1238.