Making the Mesothelioma Claim
Most of the victims or their family members are unclear of the process of filing a claim. The process of fling a claim is fairly simple, but due to state statute of limitations (time limits) for personal injury and wrongful death, In most states the statutes are set at only one to two years, some allow up to four years for a personal injury claim. So, filing as soon as possible after the mesothelioma diagnosis is confirmed is crucial, in order to be compensated accordingly. Failure to do so can result in a dismissal of the case and denial of any compensation.
The same statutes pertains to family members who are filing a claim seeking compensation for wrongful death of a loved one along with those who were affected by close contact with the deceased family member who had died of exposure to asbestos and now these family members have contracted asbestos-related illnesses.
The first step in the process of filing a claim is to hire a good mesothelioma attorney. Search for a lawyer who has no hesitancy to present the facts and figures regarding previous mesothelioma cases they have represented. The attorney should have a positive history of winning mesothelioma cases; this will show that the attorney already has the necessary contacts available to help win your case, such as investigators, etc. An appropriately experienced attorney will also have the contacts to provide you with further resources, such as support groups.
Most victims and their families will worry about the cost of hiring such an attorney, but to tell the truth, most mesothelioma, personal injury and wrongful death attorneys will work on a contingency based fee. What this means to you is you will pay nothing for legal fees, unless you win. The attorney will be paid from the compensation you or your family receives.(The average is 35% of the final award) If you lose your case, or if it is dismissed, the attorney will be paid nothing. So, specifically search for an attorney who will work on a contingency basis, if legal fees are a concern to you. Even after the attorney is paid their 35%, these types o cases typically compensate with a 6 to 7 figure award, a large amount still remains for you and your loved ones.
After you have located a lawyer who has satisfied your requirements for their fees and experience, you will need to go over the details of the case with them. You will need to be completely honest and hide nothing from your new attorney. They will need to know your current condition, who diagnosed mesothelioma, if it can be treated or if it has been declared terminal. You will also be required to tell him where and when you were exposed to the asbestos. If you are not clear or unsure about any details, don’t worry. A good mesothelioma attorney will have investigators who can do research and uncover this information. This investigator will be paid by the attorney.
Then, with the details you provide, the attorney can determine if the case is worth going after and exactly which type of claim should be filed. The choices are limited and the attorney can determine which claim, against the company, the manufacturers, the insurance companies, will give the best compensation in the end.
Finding a good attorney is much easier today, with TV advertisements, internet advertisements, and local phone books. Levels of experience differ from lawyer to lawyer, as do their fees. The most crucial things to look for when choosing an attorney to represent you are the attorney (or law firms) experience in mesothelioma cases, if the lawyer works on a contingency basis or not, and if they are willing to provide the facts and figures (without disclosing confidential information) of previous mesothelioma cases that they have represented. The attorney should also be very upfront and frank about the percentage of the percentage of fees he will receive after you are compensated.
31 March 2010
Frequently Asked Questions Concerning Mesothelioma Lawsuits
People often have many questions when it comes to mesothelioma. Most of the common questions concern their legal rights and the legal process.
It helps your case to move faster if you already know this information. But if you don’t know this, your lawyer will hire an investigator to do research and discover evidence to prove when and where you were exposed and determine who is responsible (i.e. a former employer, a company, a manufacturer, etc.)
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13 April 2010
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