A great deal is at stake when selecting a mesothelioma lawyer or attorney. Typically, total settlements for a mesothelioma lawsuit will be in the millions of dollars, and attorneys often get up to forty percent of this amount as part of their contingency fee, although fees of one third are more common. If the case actually goes to trial, the average award in 2001 was $6 million, which was triple the amount awarded just two years earlier. Therefore, mesothelioma attorneys are very eager to find mesothelioma patients. And it's vital that patients select an attorney and law firm that is best for them.
Since representing mesothelioma clients can be so profitable to attorneys, it is important that people who have mesothelioma be especially careful selecting attorneys who are really qualified to represent them. With this in mind it is important to ask the following questions.
What is the attorney’s (and firm’s) experience in representing mesothelioma patients?
Your goal is to find out how many mesothelioma cases the attorney has actually handled over what period of years. Importantly, you also want to know how many of these cases were settled and how many of these went to trial? Lawyers and law firms that don’t often take cases to trial usually secure lowers settlements. Additional questions to ask: What were the results of the mesothelioma case they have handled? Is asbestos diseases an area the firm specializes in? How many attorneys and staff members would be assigned to your case?
Does the lawyer intend to handle your case personally?
Many attorneys simply refer these cases to another law firm and receive part of the fee in exchange. This may not be in your best interest. Some firms boast of significant experience representing mesothelioma clients but do not themselves actually handle the case. Instead they are merely a middle man who will sign you up and then refer your case to an attorney who actually handles the case.
Will there be a team of attorneys and medical experts to support your case?
Mesothelioma lawsuits are complex and difficult and therefore require a team with expertise in this area. Small firms of just a few attorneys are generally not able to support a team that has a good chance of winning suits in these types of cases. The attorneys need to have broad knowledge of the history and uses of asbestos products and materials. They also need to retain a variety of experts, including pathologists, pulmonologists, oncologists, industrial hygienists, epidemiologists, occupational medicine specialists, cellular biologists and other experts to review and often testify in your case. An attorney not prepared to invest tens of thousands of dollars getting your case to trial may not be in a position to maximize your recovery.
How are expenses and attorney fees handled?
The legal process is not always fast. Preparation for the trial and then the trial itself may take many months. During this time there will be thousands of dollars of initial costs associated with preparing for the trial such as travel, hiring expert witnesses, and taking depositions. Ordinarily, the attorney who represents you advances these initial costs that are associated with the preparation and trial.
Most attorney fees in mesothelioma cases are based on contingency fee contracts. This means that the lawyers receive a percentage of the amount the victim recovers if the suit is successful. If the suit is not successful, then the attorneys earn nothing, and in fact are out the initial expenses they have invested in the case.
What is involved in this kind of lawsuit? What will the process be like?
It is important to get an overview of the legal process, and to understand what your role will be in the process. How much effort will be required on your part? When you are deposed (interviewed before trial) will you have to travel or will the deposition take place at your home or some other convenient location? How much help will the law firm be in helping you find old but important documents and information to support your case?
Finally, a lot is at stake financially in these lawsuits. Therefore, it is ordinarily a good idea to interview a number of attorneys before you make a final decision about who will represent you. Consider trying to get at least two or three recommendations so you can make the best decision based on a clear understanding of how each firms plans to respresent you.