Legal Options
FAQs
Q. How much will it cost me to speak with a lawyer or file a lawsuit?A. It will not cost you anything to speak with a lawyer about your diagnosis and legal options. Likewise, all the costs of filing a lawsuit and pursuing your case will be paid by your lawyer, then deducted from any award received. Under no circumstances should you pay any fees or costs out of your pocket unless an award is secured.
Q. What is my case worth?
A. While jury awards, court verdicts and settlements in mesothelioma cases can run into the millions, each case is unique and has a different value. The only way to get an accurate estimate of your case's potential is to speak with an experienced mesothelioma lawyer.
Q. Is it too late to file a lawsuit?
A. While the amount of time you have to file suit can differ from state to state, the time usually doesn't start until you have been diagnosed with mesothelioma or asbestosis. To be sure, it is important that you speak with a lawyer as soon as possible once you have been diagnosed. That way they will have sufficient time to investigate your exposure and file a lawsuit before the time expires.
Q. What if I don't know how I was exposed?
A. You can still file a lawsuit even if you do not know the source of your exposure. While it can be difficult to pinpoint the exact source, there are several products and occupations that have historically led to mesothelioma, such as electrical work, auto building, shipbuilding and construction. An experienced mesothelioma lawyer will be better equipped to investigate the source of your exposure and make sure a case is filed against all responsible parties.
Q. What if the company responsible for my exposure has gone out of business?
A. Even if the company that caused your asbestos exposure has filed for bankruptcy or gone out of business, you may be entitled to recover for your losses. In many cases, companies established trust accounts to cover future claims as part of their bankruptcy agreements that will pay damages to those who can provide adequate proof of exposure. Your mesothelioma lawyer can answer any questions about these trusts.
Q. Will I have to travel to a law office or courthouse out of state if I file a lawsuit?
A. It is not necessary to travel in order to file a mesothelioma lawsuit. Your lawyer will come to you for an interview, take a video deposition, and appear in court on your behalf.
Q. Who should be responsible for my condition?
A. Any company whose actions caused you to be exposed to asbestos may be responsible for your condition. This includes companies who produced asbestos, companies that used it in their products, or employers that required you to work in situations with exposure to asbestos.
Q. Why should I ask these companies to pay?
A. As discussed in the History section, every company that produced asbestos or used it in their products during the 20th century knew of its devastating health effects. Nevertheless, these companies continued to put their employees and customers at risk while making huge profits rather than address the obvious dangers of their decisions. Often, they even concealed the safety risks of asbestos exposure from the public and their employees in order to avoid being held responsible. You have the right to ask them to pay for your condition.
Q. What if the client passes away before the case is concluded?
A. While this is certainly a sensitive subject matter, situations do arise where a mesothelioma victim passes away before a personal injury lawsuit can be completed. In this case the action will be dismissed and re-filed as a wrongful death lawsuit on behalf of the victim's relatives.
Q. What if the company responsible is in a different state?
A. The fact that a company who is potentially responsible for your illness is located or does business in a different state will not prevent you from bringing a lawsuit. Your mesothelioma lawyer will determine the best location (venue) for filing your lawsuit and attend any necessary appointments on your behalf.