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Mesothelioma is a form of cancer that is almost always
caused by exposure to asbestos. In this disease, malignant cells develop
in the mesothelium, a protective lining that covers most of the body's
internal organs. Its most common site is the pleura (outer lining of the
lungs and internal chest wall), but it may also occur in the peritoneum
(the lining of the abdominal cavity), the heart, the pericardium (a sac
that surrounds the heart) or tunica vaginalis.
Most people who develop mesothelioma have worked on jobs where they
inhaled asbestos particles, or they have been exposed to asbestos dust
and fiber in other ways. It has also been suggested that washing the clothes
of a family member who worked with asbestos can put a person at risk for
developing mesothelioma. Unlike lung cancer, there is no association between
mesothelioma and smoking, but smoking greatly increases the risk of other
asbestos-induced cancers. Compensation via asbestos funds or lawsuits is
an important issue in mesothelioma (see asbestos and the law).
The symptoms of mesothelioma include shortness of breath due to pleural
effusion (fluid between the lung and the chest wall) or chest wall pain,
and general symptoms such as weight loss. The diagnosis may be suspected
with chest X-ray and CT scan, and is confirmed with a biopsy (tissue sample)
and microscopic examination. A thoracoscopy (inserting a tube with a camera
into the chest) can be used to take biopsies. It allows the introduction
of substances such as talc to obliterate the pleural space (called pleurodesis),
which prevents more fluid from accumulating and pressing on the lung. Despite
treatment with chemotherapy, radiation therapy or sometimes surgery, the
disease carries a poor prognosis. Research about screening tests for the
early detection of mesothelioma is ongoing.
These pages provide consumer tips for how to deal with the financial
aspects of selecting a mesothelioma attorney. They do not provide
any information regarding the medical aspects of this serious disease.
Since so much is at stake, selecting the right mesothelioma lawyer is
very important. According the Wall Street Journal, lawyers
say a typical mesothelioma award in a mesothelioma settlement is $1 million,
and attorneys get 40% of this amount. If the case actually
goes to trial, the average award was $6 million in 2001, which was triple
the amount awarded just two years earlier.
So, mesothelioma attorneys are very eager to find mesothelioma patients.
And it's vital that patients select the mesothelioma attorneys that are
best for them.
A Brief Background on Your Legal Rights Regarding Mesothelioma
Companies that manufacture products that contain asbestos have known
for over 60 years that asbestos can cause serious diseases.
Unfortunately, because many of these companies wanted to increase their
profits, they kept this information quiet, thereby seriously endangering
their workers.
There are now laws that help protect the workers who have been harmed
by their exposure to these asbestos-related products.
However, since representing mesothelioma 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.
Therefore, we have created a list of...
Important Questions to Ask When Selecting a Mesothelioma Attorney
Question #1 to Ask When Selecting a Mesothelioma Attorney:
What is your personal experience in representing mesothelioma patients?
Your goal is to find out how many cases the attorney has actually handled.
You also want to know: how many of these were settled, and how many
of these went to trial? What were the results of each case?
You should ask the same questions about his or her law firm.
You're goal is to find out about the firm -- is this an area the firm specializes
in?
Question #2 to Ask When Selecting a Mesothelioma Attorney:
Next, you want to ask if the lawyer intends to actually handle your
case him or herself. 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.
Click here for more questions to ask when selecting a mesothelioma lawyer
Question #3 to Ask When Selecting a Mesothelioma Lawyer:
A very important question to ask is how expenses and attorney fees
will be handled for the case. The process is not fast -- preparation for
the trial and then the trial itself -- will take many months (or even years).
During this time, there will be thousands of dollars of initial costs
associated with preparing for the trial, such as travel, hiring expert
witnesses, depositions, etc. Ordinarily, the attorney who represents you
advances these initial costs that are associated with the preparation and
trial.
Most attorney fees in these 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 no fee.
Question #4 to Ask When Selecting a Mesothelioma Lawyer:
The next thing to ask is what is involved in this kind of lawsuit.
You want to get an overview of the process, and what your role will be
in it. You also want to get a sense of how good a communicator the attorney
is.
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
for you..
Selecting a Mesothelioma Lawyer That's Right for You
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.
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Hiring a personal injury lawyer can be very complicated especially here in Los Angeles.
There are a lot of personal injury lawyers and law firms to choose from and people are right to be worried that they might not get a good one.
That is a valid fear as there are a lot of unscrupulous personal injury attorneys out there that are not really after a client’s well being but rather their own pockets.
These attorneys are usually just after a quick buck so they advice the client on the quickest way to end the case, even if it is not necessarily the best move for the client.
This results in a smaller amount of compensation which the client could have gotten negotiating with the insurance companies themselves.
There are three major qualities that a victim should look for in their personal injury lawyer. A personal injury attorney should be:
1. An Expert
Personal Injury laws covers a lot of areas and the lawyer you choose should be specializing in the area that you need help.
Your personal injury attorney should be an expert on different federal and state laws that apply on your case.
Some personal injury specializations are:
• Car accident laws – This refers to traffic laws that protect motorists and pedestrians from negligent acts on the road such as speeding, reckless driving and DUI.
• Premise liability laws – This law protects people who are injured in a slip, trip or fall accident while in the vicinity of the property of the defendant.
• Product liability laws – This law protects people from injuries sustained as a result of a defective product.
2. Experienced
You will be facing a very important challenge in your life so this is not the time to put your faith on a rookie lawyer.
Your personal injury attorney should have at least five years experience not only in handling personal injuries in particular, but with cases similar to your own,
For example, if you are a victim of a car accident, you should look for a lawyer with experience in handling car accident cases and not a personal injury lawyer who may have a long experience but who specializes in premise liability.
It would also be helpful if the personal injury attorney has a past experience in handling cases with similar details as yours or if they already have a history with the particular insurance company you will be going against.
Success
Expertise and experience will mean nothing if the lawyer has a history of losing his/her cases.
When hiring a personal injury lawyer, you should make sure that he or she has been successful in the past and in the present.
Ask your attorney about the cases he/she handled and his/her track record. Some law firms also post their success and achievements in their websites so you can use those as reference as well.
It would also be helpful if they had past success against the insurance company that you are making a claim from.
Those are some general tips that you can follow in hiring a personal injury lawyer. Make sure to do your research before making a decision.