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• Mesothelioma

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  • About Us
  • Lawsuit FAQs
• Contact Us

• Will you file my case as a class action or as an individual lawsuit?
• What does my involvement need to be if I do file a lawsuit?
• How long will my lawsuit take?
• What kind of compensation can I expect to get if I decide to file a lawsuit?
• Can I settle my case out of court, or will I have to go to trial?
• I have been diagnosed with mesothelioma, but I'm not sure if I have ever been exposed to asbestos. Can I still seek compensation?
• I can't afford to pay an attorney. How can I afford to file a lawsuit?
• I'm not sure I want to file a lawsuit. How long do I have to decide?
• I have just been diagnosed with mesothelioma. I want to seek compensation, but I have surgery and treatment to deal with. Is it okay to hold off from filing suit for the time being?
• If I pass away before my case is resolved, will my family receive my compensation?

Will you file my case as a class action or as an individual lawsuit?

Each claim that we file is an individual lawsuit. We do not file class actions for asbestos cases. An individual lawsuit maximizes your opportunity to receive compensation. It also provides us an opportunity to present the unique and compelling aspects of each case. We take great pride in our relationships with our clients, and will represent you as an individual.

What does my involvement need to be if I do file a lawsuit?

Many people are understandably apprehensive about the litigation process. We will make it as easy and convenient as possible for you. For example, we will travel to your home instead of you coming to our offices if that is more convenient for you. Most of the paperwork involved can be handled through the mail. At the beginning of your case, you will meet with one of our attorneys to discuss the facts of your case including your history of asbestos exposure. You will be asked to sign authorizations which allow us to retrieve your medical records from your doctors and hospitals. You may be asked to give a deposition, which is simply an opportunity for lawyers from the other side to ask some questions. This will be scheduled at your convenience and usually at or near your home. The overall process will not require you to spend a lot of your time on your case.

How long will my lawsuit take?

We make every effort to advance asbestos cases as quickly as possible. The time line varies from state to state, but most states provide accelerated dockets for people diagnosed with mesothelioma or lung cancer. In most of these states, we can resolve your case in six to twelve months.

What kind of compensation can I expect to get if I decide to file a lawsuit?

Because every case is unique, it is difficult for any attorney to determine how much compensation a person might expect from a lawsuit before your case has been fully investigated and litigated. In fact, it is unethical for an attorney to "guarantee" a certain amount of recovery in your case in the beginning. Beware of attorneys who promise you a certain amount of compensation during your first conversation. A good attorney's ability to obtain compensation for you will depend on many factors, such as the nature of your disease, proof of exposure to asbestos, the financial condition of the companies responsible for your exposure, the laws of the state or jurisdiction governing your claims, and other facts particular to your case. A good attorney will analyze all of the facts of your case and make strategic decisions in an effort to achieve optimal results.

Can I settle my case out of court, or will I have to go to trial?

Most mesothelioma cases can, and do, settle out of court. There may be several defendants in your lawsuit, depending on the asbestos products you were exposed to and other factors in your case. Some asbestos defendants might settle relatively early in your case. Others may not settle until right before your trial date. In some instances, it might be necessary to go to trial against a particular defendant to attempt to achieve the recovery to which you and your attorney believe you are entitled. As the case progresses, you and your attorney will make a strategic decision about whether it is best to settle or go to trial in your case. Of course, it is ultimately your decision.

I have been diagnosed with mesothelioma, but I'm not sure if I have ever been exposed to asbestos. Can I still seek compensation?

Some people diagnosed with mesothelioma are surprised when their doctor suggests that their cancer may be caused by asbestos. It is not uncommon for a mesothelioma patient to not realize at first that he or she has been exposed to asbestos in the past. Asbestos was once commonly used in a vast array of products, and is still found in the U.S. today. A knowledgeable attorney can help you examine your work and family history to determine how you might have been exposed to asbestos. Your attorney can then investigate these possible sources of exposure.

I can't afford to pay an attorney. How can I afford to file a lawsuit?

We work on a contingency fee basis, meaning that you do not need to pay out-of-pocket for legal fees and expenses. Under a contingency fee arrangement, we receive a legal fee as a percentage of your total recovery only if we are successful in obtaining compensation for you. If we do not get anything for you, we do not get paid for our services. We also will advance the expenses of litigating your case, such as court filing fees, expert witness fees and the like. If we are successful in achieving a recovery for you, these expenses are deducted off the top of the total recovery. Our fee is one-third of the recovery after expenses.

I'm not sure I want to file a lawsuit. How long do I have to decide?

By law, you have a limited amount of time to file a lawsuit for mesothelioma. If you do not file your case within that time frame, you may be barred by the 'statute of limitations' from ever pursuing your claim. In some states, you only have one year after your mesothelioma diagnosis to file a claim. In a majority of states, the limitations period is two years, though some states allow three or more years. Determining the statute of limitations in your case will depend on a number of factors, including the facts of your individual case and where your case is ultimately filed. One of the first jobs of an attorney who takes your case is to determine the limitations period in your particular case.

I have just been diagnosed with mesothelioma. I want to seek compensation, but I have surgery and treatment to deal with. Is it okay to hold off from filing suit for the time being?

When receiving a diagnosis of mesothelioma, you and your family are suddenly confronted with many important decisions to make. Of course, you must work with your doctors to make important decisions about your treatment options, but if you want to pursue compensation, it is advisable to do so as soon as possible for a number of reasons. First, in many states, a person with a diagnosis of mesothelioma can have their case expedited and can receive preferential scheduling treatment from the court. In many instances, if you delay filing your case even for a short time, it might result in a very significant delay, sometimes of years. Second, you are the best source of information about your history of asbestos exposure, and it is important that your testimony is preserved by a deposition early in your case in the event your health fails and you are unable to testify at a later date. Finally, the sooner you pursue your case, the sooner you might receive compensation to help with your medical bills and other needs. Even if your trial setting is several months in the future, we often can obtain some settlement monies for you relatively early in your case.

If I pass away before my case is resolved, will my family receive my compensation?

In most states, if you pass away before your case is resolved, your loved ones can continue to litigate it in your place. The person who you name in your will as the executor of your estate typically serves as the personal representative of your estate, and the beneficiaries of your will receive any compensation from your case. Depending on your state's law, certain family members may also have the right to seek compensation for their personal loss.