Friday, November 19, 2010

Mesothelioma Lawyers - Important Information for Patients

Deciding to pursue legal recourse and selecting an attorney to represent you in a mesothelioma or asbestos lawsuit are important decisions that should be made carefully. I have seen some families receive $500,000 and others be awarded nearly $30 million. I have seen some lawyers reject a case only to have another firm accept it and make a big success of it. And I have seen some families wait nearly three years to receive their first check while others received large checks within three months of filing a claim. The main reasons for these differences are the facts of the patient's situation and the law firm chosen.
The Facts of Your Situation
Some mesothelioma patients know they worked around asbestos, but many do not know how they were exposed or how often. In fact, many people are not sure if they were ever near this carcinogen. Unfortunately, there have been thousands of products that contained asbestos - cigarette filters, hair dryers, brakes, basement and roof materials, pipes, boilers, insulation, and many other products found throughout the home and at work. If you were diagnosed with mesothelioma it is more than likely that you were exposed to asbestos multiple times in your life and that this happened decades before your diagnosis.
In general, the value of your case depends on how many asbestos containing products you were exposed to, the number of identifiable defendants that still exist (many have declared bankruptcy), your age and earning capacity. And the speed of your case can depend on a number of variables including the state where you worked and lived when you were exposed to asbestos.

The Law Firm You Choose
When you have been given the news about this terrible disease, you may not feel that you have the time to deal with the legal questions - Should I talk to a lawyer? Should I file a claim? However, you should not wait too long to learn about your legal rights for at least three reasons:
  1. Statutes of Limitations - There are statute of limitations which means you only have a limited time to file your case after diagnosis. The statute of limitations time period is set by individual states and varies. The clock usually starts ticking on the day of diagnosis.
  2. Financial Pressure - A mesothelioma diagnosis can bring financial stress, less income, more expenses, and treatments that are not covered by insurance. Knowing that money may be on the way from filing a claim can bring financial relief.
  3. Lawyers Can be Excellent Resources - The more experienced mesothelioma lawyers and law firms can often be excellent sources of information about various doctors and treatment options available for this disease.
But, picking a lawyer is serious business and you should not use TV ads as the reason to hire an attorney. Actual credentials are what counts. For example, what type of accomplishments has the law firm achieved? How committed are they to mesothelioma/asbestos cases? Are these cases a substantial part of their practice or just a small piece? How many other cases like yours have they handled?
Also, make sure you understand the fees being charges. Contingency is the term that means that the lawyer gets paid only after they collect money for you. The amount of the contingency fee that your lawyer can charge varies and is usually between 33% and 40%. It is important to discuss fees openly, ask what services they cover, how they are calculated, and whether there will be any extra charges.
Finally, for something as important as a mesothelioma lawsuit, your attorney should not only be experienced, skilled, and dedicated, but also a trusted partner who understands that your health needs always take precedence. The best lawyers are those that are not only expert at what they do, but are also caring, supportive, thoughtful and compassionate.

Saturday, November 13, 2010

What Are The Steps In Filing a Mesothelioma Lawsuit and Finding The Right Mesothelioma Attorney?

In order to get compensation for mesothelioma, filing a lawsuit is quite imperative. However the process is quite long drawn and tedious. The most important step pertaining to the same is selecting the correct mesothelioma attorney or law firm. It is important to find a good, decent and experienced mesothelioma lawyer as soon as possible after one has been diagnosed with the disease. In most places there is a set time limit within which one can file a lawsuit, and it is very important that the victim party does not miss that deadline. Otherwise it may land you up as an ineligible claimant. So, the earlier you get to a mesothelioma lawyer, the better are your chances of success.
Apart from that the firm should be trustworthy one and the victim party should build up an excellent relationship cum rapport with the same. If one is considering about filing a mesothelioma lawsuit, then the victim party should meet up with several law firms before making the final decision. There are a large number of law firms who are specialized in filing mesothelioma lawsuits.
In order to choose the correct law firm for filing your lawsuit, the following steps can be followed:
Start the Search: You can look for a qualified mesothelioma attorney in various bar associations, Martindale-Hubbell Law Directory that is found in most public libraries, Yellow Pages, and of course the Internet. Law firms normally have their own sites.
• Narrow down the Field: After compiling a list of some mesothelioma law firms in your area, try to make establish contact with them either by mail, email or telephone for further information. It is important to provide the law firms with details of your legal issue and find out if they can handle your situation. Also enquire about their fees for an initial consultation and an estimate of the total costs involved in handling a mesothelioma lawsuit. It is recommended that the victim party make schedule appointments with two or three different law firms before coming to the final decision.
Meet the Prospective Attorneys: During the initial consultation, it is important that you and your lawyer get to know each other. There has to be a free flow of exchange words between both of you. After carefully reviewing your case, the lawyer must be in a position to inform you of your rights and suggest alternative courses of action, if any. Moreover, it is during this initial consultation period that a mesothelioma attorney can explain what he or she can do for you and how much will be the cost factor. Also it is important for you to know about the attorney’s experience in handling previous mesothelioma lawsuits. If you are totally satisfied with the details, you may request a written fee agreement before proceeding and a list of references that you may contact.
Making your Decision: After each initial consultation, it is important to consider the following questions about the mesothelioma attorney you just met:
Did I got a firm understanding of my alternative courses of action from the attorney?
Was the attorney knowledgeable about asbestos law?
Was I given enough time and did the person listened to me carefully?
Did the attorney seem trustworthy?
Am I understanding the range of possible results, which might spill out during each course of action?
Fees: It is important to consider this aspect with due diligence. To lower costs, you can ask your asbestos lawyer to employ a junior lawyer to perform a certain part of the entire process. You can also do some tasks by yourself to save time and money (Provided your attorney allows you to do the same). An asbestos lawyer may charge a flat fee for a specific task or offer other methods of payment.
Also you can go for contingent fee arrangement process. A contingent fee arrangement is that your lawyer gets a percentage of the compensation money you receive as resolution of your asbestos lawsuit. If you do not receive compensation for the lawsuit then your lawyer collects no fees. A contingency fee is a good option for those people who cannot do away with hourly legal fees.
Also you may incur charges on other fronts like; court fees, copying, hiring expert witnesses etc.
Mesothelioma lawsuit records:
Keep copies of all the documents that you hand over to your lawyer relating to your lawsuit.

Saturday, November 6, 2010

How to know if you have Mesothelioma

Mesothelioma Symptoms

A patient with mesothelioma typically demonstrates symptoms between 15 and 50 years after initial exposure to asbestos. The cancer can take decades to develop and symptoms do not arise until after the cancer is present. Many patients are unaware of the severity of their condition because mesothelioma symptoms often resemble those of less serious illnesses.
If you have a history of asbestos exposure, the primary cause of mesothelioma, it is best to seek immediate medical advice. Informing your doctor of previous asbestos exposure can alert them to the possibility of an asbestos-related disease. An early diagnosis can significantly impact a patient's mesothelioma life expectancy.

Early Symptoms of Mesothelioma

Mesothelioma symptoms rarely arise at an early stage, which is why the disease is commonly diagnosed at a late stage of development. In the interest of early detection, those who were exposed to asbestos but have not yet exhibited symptoms should undergo regular chest X-rays or pulmonary function tests to monitor any signs of asbestos inhalation.
When a doctor informs a patient of a mesothelioma diagnosis, patients and their loved ones are often very confused since the cancer is relatively unknown. Asbestos.com provides a complimentary packet with comprehensive information about mesothelioma symptoms and next-step guidance following a diagnosis.

Pleural Mesothelioma Symptoms

Pleural mesothelioma is the most common form of the cancer, comprising approximately two-thirds of all mesothelioma cases.
Known symptoms of pleural mesothelioma include:
  • Persistent dry or raspy cough (typically non-productive, meaning there is little or no phlegm)
  • Coughing up blood (hemoptysis)
  • Difficulty in swallowing (dysphagia)
  • Night sweats or fever
  • Unexplained weight loss of 10 percent or more
  • Fatigue
  • Persistent pain in the chest or rib area, or painful breathing
  • Shortness of breath (dyspnea) that occurs even when at rest
  • The appearance of lumps under the skin on the chest
  • Symptoms of pleural mesothelioma occur as a result of thickening of the pleural membrane. This is caused by the rapid production of cancerous cells, which can lead to the buildup of fluid between membrane layers. Tissue thickening and fluid buildup place added pressure on the lungs, leading to reduced respiratory function.