8 Key Ways a Mesothelioma Attorney Can Assist You

April 23, 2024

Navigating a mesothelioma diagnosis isn’t easy. Focusing on your health is a priority, because finding the latest treatment protocols and the best specialists can make all the difference. But mesothelioma patients have additional considerations beyond their diagnosis.

Mesothelioma is a direct result of the negligence of asbestos companies. In most cases, these companies weren’t transparent about the harmful effects of exposure to their asbestos products. As a result, mesothelioma patients may be eligible to receive financial compensation to assist with medical bills, lost wages and more.

This is where mesothelioma attorney assistance comes in. Mesothelioma attorneys, like those at Early, Lucarelli, Sweeney and Meisenkothen, can help you understand your legal rights and support you through the process of securing mesothelioma compensation.

An experienced mesothelioma lawyer is your best asset during this time. Here’s how they can help you.

1. Clarifying Your Legal Rights and Options

Many people seeking mesothelioma legal advice have similar questions: Are you eligible to file a lawsuit? What can you expect from the process? The first thing a mesothelioma lawyer can do is help you know your legal rights and the potential options available to you.

Those options might include:

• Filing a lawsuit: A mesothelioma lawsuit can compensate you and your family for medical bills, lost wages and emotional distress.
• Filing a claim with a trust fund: Asbestos trust funds were set up to automatically compensate the victims of certain companies’ products.
• Applying for veterans’ benefits: Veterans may be entitled to benefits and medical care from the Department of Veterans Affairs (VA).
• Applying for workers’ compensation: If you were exposed to asbestos on the job, you may be entitled to workers’ compensation.

Your lawyer will consider the statute of limitations, which is the amount of time you have to file a lawsuit. This varies by state, but usually ranges from one to three years after the date of diagnosis. Mesothelioma attorney assistance often starts with a free case evaluation, during which they’ll help you understand your potential case.

2. Gathering Evidence for Your Case

To file a mesothelioma lawsuit or trust fund claim, your attorney needs to know who is responsible for your asbestos exposure. Some patients might not know how they were exposed.

Mesothelioma attorneys have experience identifying the contributing factors to an asbestos-related claim. They’ll connect the dots between where and when you were exposed, the asbestos products that may have caused your disease and the companies that made them. Often, a mesothelioma lawsuit involves more than one product and company (i.e. defendant).

Law firms that specialize in mesothelioma legal help have teams with multiple specialists who will gather documentation, interview experts and examine your medical records. While they build your case, you can focus on your medical care and spend time with your loved ones.

3. Maximizing the Value of Your Claim

High-quality mesothelioma treatment can improve your prognosis and quality of life, but it can also be expensive. You might need to travel for treatment, and you may lose income if you’re unable to work. Getting assistance from a mesothelioma lawyer can ensure that you get the compensation you deserve to cover these expenses.

Mesothelioma claims involve compensation for both monetary and non-monetary factors. Determining monetary factors involves carefully reviewing medical bills, work history, earning records and travel expenses. Non-monetary factors include things like emotional distress and pain and suffering, which can be more difficult to put a value on. An experienced law firm that specializes in mesothelioma will have the knowledge and resources to maximize your claim and financial outcome.

4. Directing Your Litigation Strategy

Once your attorney has gathered all the relevant evidence, they’ll focus on your litigation strategy. The right strategy can increase your chances of a successful lawsuit and maximize your compensation.

Even before you file your lawsuit, your lawyer will:

• Weigh the options of different legal strategies
• Determine the best place to file your lawsuit (it may not be in the state where you live)
• Keep you informed about important deadlines and next steps in the process

Mesothelioma attorney assistance gives you peace of mind that you’re following the best possible plan of action. A lawyer will protect your rights and fight for you throughout the entire process, so you can focus on your health.

5. Submitting Bankruptcy Claims

Some companies faced so many asbestos-related lawsuits, they declared bankruptcy. Instead of paying millions of dollars in penalties, they set up asbestos trust funds to make payouts to victims as part of their bankruptcy settlements. There are more than 65 trust funds in the United States containing billions of dollars.

With the assistance of a mesothelioma attorney, it may be beneficial to file a claim with an asbestos trust fund. Filing these claims is typically an easier process than a lawsuit because it doesn’t involve going to court. Your lawyer may advise this as a way for you to get compensation faster.

Asbestos trust funds typically pay out anywhere from $3,000 to $100,000, and sometimes even more.

6. Filing Your Mesothelioma Lawsuit

While some asbestos companies went bankrupt, you may still be able to file a lawsuit against the ones responsible for your exposure. During a mesothelioma lawsuit, attorney assistance is essential to ensure the necessary steps are completed accurately and in a timely manner.

On your behalf, your lawyer will:

• Prepare and file the complaint: The complaint is the document that starts the legal process. It outlines who the defendants are and the allegations against them.
• Notify the defendants: Your attorney will notify the defendants of the lawsuit against them. They then have a certain amount of time to respond.
• Take care of the discovery phase: During discovery, both sides exchange evidence. You’ll also give a deposition during this phase, which is your recorded testimony.

By hiring an experienced law firm that specializes in mesothelioma, like ELSM Law, you can be confident you’re in good hands. While they take care of the details of your mesothelioma lawsuit, you can focus on your treatment plan.

7. Negotiating a Settlement

Your mesothelioma lawsuit is likely to end in a settlement, which is when the defendant (asbestos company) agrees to pay a mutually agreed upon amount of compensation instead of going to trial. This happens because there’s a long history of courts ruling against asbestos companies at trial. Mesothelioma settlements vary, but can be in the millions of dollars—at ELSM Law we’ve won nearly $5 billion in settlements for our clients.

Mesothelioma attorney assistance is key to negotiating the settlement you deserve. An attorney will ensure you have a strong case so you can get the best possible payment. They’ll propose a settlement amount and take care of all communications, keeping you informed throughout the process. Once you reach an agreement, they’ll formalize and finalize the settlement.

8. Representing You in Court

Some mesothelioma cases do go to court, so you’ll also want a lawyer with strong trial experience. A good mesothelioma lawyer is highly skilled in the following:

• Developing the right strategy and preparing witnesses
• Filing a motion for summary judgment, which attempts to get a verdict without a trial
• Filing other motions, for example to force the other side to provide you with their evidence
• Conducting voir dire, or jury selection
• Examining and cross-examining witnesses and making legal arguments
• Making a convincing closing statement

Patients or their families typically do not need to appear in court when they have mesothelioma legal help. Your lawyer serves as your legal representative and handles all aspects of the trial on your behalf.

The Importance of Choosing the Right Mesothelioma Lawyer

You and your family will be experiencing a lot of emotions following a diagnosis, and choosing a mesothelioma lawyer who understands what you’re going through is essential.

The right attorney will:

• Understand the emotional toll that mesothelioma patients and their families face
• Be familiar with the best mesothelioma doctors in your area and help you get connected
• Advise you about additional helpful support resources
• Have extensive experience with filing mesothelioma cases and a proven track record of winning high-value verdicts and settlements
• Fight tirelessly to protect your rights, maximize your compensation and provide reassurance during a challenging time
• Secure the financial compensation you need to support your loved ones and maintain your quality of life

Choosing the best mesothelioma lawyer ensures someone is fighting hard on your behalf, reduces stress and ultimately helps provide financial security for you and your family.

Get Mesothelioma Legal Help Today

At ELSM Law, we’re dedicated to providing high-quality mesothelioma attorney assistance to you and your family. We’ve focused exclusively on mesothelioma cases for more than 40 years, representing clients in every state and gaining extensive knowledge of the asbestos industry.

We’ll provide you with mesothelioma legal advice, help you build the strongest possible case, and fight for you every step of the way. Get your free case evaluation from one of our caring advocates today.