In this Q&A, attorney Manny Cabrera of the Lanier Law Firm answers frequently asked legal questions surrounding mesothelioma, a devastating illness caused by asbestos exposure. Manny Cabrera walks us through the basics of the legal process for mesothelioma cases, focusing on common legal questions and options available to those affected. If you or a loved one has been diagnosed with mesothelioma, this Q&A can provide valuable insights into your legal options.
What Should Someone Do After Being Diagnosed With Mesothelioma?
The first thing you should do after a mesothelioma diagnosis is to focus on your health. Reach out to a medical team that specializes in mesothelioma, as the disease requires specific treatment approaches. From a legal perspective, it’s also crucial to consult with an experienced mesothelioma attorney as soon as possible. Legal timelines for filing claims can be tight, and gathering information about your exposure history early on can help strengthen your case.
What Legal Options Are Available to Someone With Mesothelioma?
There are a few legal options available to patients, including filing a mesothelioma lawsuit against the companies responsible for asbestos exposure, seeking compensation from asbestos trust funds, and for veterans, filing a claim with the VA. An experienced attorney will help determine which option (or combination of options) is best suited to your unique situation.
Can Someone Still File a Claim if Their Exposure Happened Decades Ago?
Yes, even if the exposure occurred many years ago, you can still file a claim. Mesothelioma typically has a long latency period, meaning the disease often doesn’t appear until decades after exposure. While there are mesothelioma statutes of limitations that vary by state, an experienced attorney can help ensure that you meet any necessary deadlines to pursue legal action.
How Long Does a Mesothelioma Lawsuit Take?
The length of a mesothelioma lawsuit depends on several factors, including the complexity of the case and whether it goes to trial. On average, mesothelioma cases can take anywhere from several months to a couple of years. However, many cases settle before going to trial, which can shorten the timeline. Your attorney will work to expedite the process while ensuring that you receive the full compensation you deserve.
Will I Have to Travel or Appear in Court During the Mesothelioma Lawsuit Process?
In most cases, mesothelioma lawsuits resolve in settlements, meaning there is no need to travel or go to court. For your convenience, our attorneys offer onsite consultations and will travel to meet you. This ensures the process is as easy as possible for you while still achieving the best possible outcome.
How Much Does It Cost to Hire a Mesothelioma Lawyer?
Most mesothelioma lawyers work on a contingency fee basis. This means you don’t have to pay anything upfront. Instead, the lawyer takes a percentage of the compensation you receive if the case is successful. This ensures that you can pursue justice without worrying about the cost of legal fees, making it accessible for everyone, regardless of financial situation.
Who Can Be Held Liable for Asbestos Exposure?
Several parties can be held liable for asbestos exposure, including manufacturers of asbestos-containing products, employers who knowingly exposed workers to asbestos, and property owners who failed to address asbestos hazards in buildings. In some cases, contractors or subcontractors may also be held accountable. A thorough investigation into your exposure history will help determine which companies are liable for your case.
How Do Secondary Asbestos Exposure Cases Work?
Secondary asbestos exposure occurs when someone is exposed to asbestos indirectly, such as when a family member brings asbestos fibers home on their clothing or work gear. For example, a wife might be exposed to asbestos when washing her husband’s work clothes. In these cases, the family member can file a claim for compensation. Your attorney can help gather the necessary evidence to prove secondary exposure and hold the responsible parties accountable.
What Is the Average Payout for Mesothelioma and Asbestos Cases?
There is no one-size-fits-all answer to this, as the payout for mesothelioma cases varies depending on the details of the case. Factors like the degree of exposure, the number of liable parties, and the type of claim (lawsuit or trust fund) all affect the final compensation. However, mesothelioma cases can result in significant compensation, often in the range of hundreds of thousands to millions of dollars, depending on the specifics of the case.
Can Family Members File a Claim if a Loved One Has Passed Away?
Yes, family members can file an asbestos wrongful death claim on behalf of a loved one who has passed away from mesothelioma. These claims can help compensate for the loss of the deceased’s income, as well as for medical expenses and pain and suffering. Additionally, veterans’ families may be eligible for survivor benefits if their loved one passed away from mesothelioma or another asbestos-related illness. If your loved one’s exposure to asbestos led to their death, an attorney can guide you through the process of filing a claim.
What Makes an Experienced Mesothelioma Law Firm Different From a General Personal Injury Firm?
An experienced mesothelioma law firm has in-depth knowledge of asbestos-related cases and understands the specific legal intricacies involved. They know how to identify sources of exposure, navigate asbestos trust funds, and handle complex medical evidence. A general personal injury firm may not have the crucial experience needed to maximize compensation in a mesothelioma case. Explore tips on how to choose a mesothelioma lawyer that’s right for your case.
What Would You Say to Someone Who Is Unsure About Contacting a Mesothelioma Lawyer?
I understand that reaching out to a lawyer can be intimidating, but I encourage you to contact a mesothelioma attorney as soon as possible. Even if you’re unsure about the next steps, a consultation is free, and it can provide you with the information you need to make an informed decision. There’s no risk, and it can make a significant difference in securing the compensation and justice you deserve. If you or a loved one have been diagnosed with an asbestos-related illness, contact The Lanier Law Firm’s dedicated mesothelioma lawyers today.