Mesothelioma: Do you need a lawyer?

Mesothelioma: Do you need a lawyer? by Patricia Hughes

MESOTHELIOMA: DO YOU NEED A LAWYER?
If you or a loved one have been diagnosed with mesothelioma in the last five years, you may wish to meet with an attorney to discuss your legal rights. Anyone who has been diagnosed with mesothelioma should consider this option. If you have a loved one who is deceased because of mesothelioma, their spouse or an executor of the estate should also consider legal representation. There are different avenues to consider regarding representation and the possibilities of obtaining compensation. We believe it is important that you choose representation by a firm that is exclusively devoted to mesothelioma claims. We believe you should choose a firm that has years of experience and a proven track record with mesothelioma claims. Some people do not want to file a lawsuit. For such people, they may want to know that a number of companies have filed for bankruptcy protection and have established bankruptcy trusts that pay smaller amounts to mesothelioma victims. Sometimes, if it is too late to file a lawsuit or if the mesothelioma victim is strongly opposed to filing a lawsuit, we can recover some compensation by filing claims with bankruptcy trusts. This is a decision that should not be made quickly and should only be made after consultation with an experienced legal representative.

STATUTES OF LIMITATION
All states have statutes of limitation that provide that a claim is barred if it is not timely filed. Some states require that a claim must be filed within one year of the date of diagnosis, while other states provide that the individual has as long as five years from the date of diagnosis. This not only varies from state to state, but sometimes varies depending upon the state of exposure or where the lawsuit is filed. It may be necessary, if some period of time has expired after the date of diagnosis, to file the claim in a different jurisdiction to avoid the running of the state of limitations. As a general rule, it is always better to get the process moving as quickly as possible to avoid any potential issues with a statute of limitations.

WHERE WILL THE LAWSUIT BE FILED?
A lawsuit will not necessarily be filed in the state where you live. Some jurisdictions are more liberal in awarding substantial jury awards. If you or your loved one live in a state where juries tend to be more conservative, it might make sense to discuss bringing the case in an alternative jurisdiction. Oftentimes cases can be brought in another state where there was exposure or where a defendant may be located or incorporated. If there is a potential problem with the statute of limitations in the state where you live, the problem can sometimes be avoided by filing in another state. This should only be decided after meeting with your legal representative.

DO I HAVE TO GO TO COURT?
Typically, we can do all of the work on your case in or near your home. If your deposition is taken, this can also be done in your home or in a conference room near your home. Only if the case is not settled, might you have to be present in court for any period of time. Even if your case goes before a jury, you generally only need be present for a small portion of the trial.In the overwhelming percentage of these cases, however, settlements will be reached prior to the trial date. Because of this, it is always best to hire experienced counsel with a track record of success. Experienced counsel who have obtained substantial awards in the past may be more likely to obtain significant settlement offers from the defendants prior to going to trial.

WHAT IS YOUR NEXT STEP?
Because mesothelioma cases have become more lucrative, the number of law firms that are seeking mesothelioma cases are on the increase. You may encounter lawyers that you know who now claim to be interested in taking your case. It is important to have experienced legal representation from lawyers who have experience negotiating settlements in mesothelioma cases.If you or a loved one has been diagnosed with mesothelioma in the last five years, talk to an experienced mesothelioma lawyer to discuss your legal rights today.

Patricia Hughes writes articles for the Maune Raichle Law firm 1-800-358-5922. The firm specializes in mesothelioma cases. For more information go to: www.legal-mesothelioma-help.com

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