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How to Hire a Mesothelioma or Asbestos Lawyer

Find a mesothelioma lawyer who can help you win money damages to compensate you for your exposure to asbestos.

Mesothelioma and asbestosis are diseases caused by prolonged exposure to asbestos. Mesothelioma victims almost always win money damages if they sue, but the cases can be complicated and a Mesothelioma lawyer is usually needed to identify the parties who are liable for the asbestos exposure (asbestos manufacturers, insurance companies, or asbestos victims’ compensation funds) and begin the lawsuit or settlement process. Nolo provides good general information about hiring an attorney in the article Finding a Personal Injury Lawyer, but because mesothelioma cases are a specialized legal niche it’s important to understand how mesothelioma lawyers operate and how to hire a good one.

The Legal Background

As discussed in Nolo’s article Mesothelioma and Asbestos: An Overview, most mesothelioma cases are relatively easy to handle from a legal perspective. That’s because the legal liability (fault) of the company you are suing (usually a former employer, an insurance company, or an asbestos victims’ compensation fund) is already established, in most instances. True, the details of your medical condition must still be collected and documented, but there is no need to prove fault. It follows that because most mesothelioma cases are easy to win (there are exceptions, of course), personal injury lawyers have flocked to this field, many setting up large assembly line offices that handle hundreds or even thousands of cases at a time.

As a result, finding the right mesothelioma lawyer can take time and effort. If you are not feeling well, make sure you get help from a consumer savvy relative or friend. As discussed below, you’ll get the best deal if you do careful research as to a lawyer’s qualifications and track record and then interview several. You also may need to bargain as to the amount of the contingency fee and other costs.

Ways to Find the Right Mesothelioma Lawyer

Ask former colleagues. If you have been diagnosed with mesothelioma, chances are good that people who you worked with at the time of your exposure also suffer from it and may have already hired a lawyer and filed a lawsuit. If they have achieved a good result through a lawyer they like and respect, this is one good place to start.

Check Nolo’s online Lawyer Directory. Many personal injury lawyers in Nolo’s lawyer directory handle mesothelioma cases (full disclosure: lawyers pay a fee to list with Nolo). And by doing so, they fill out a detailed profile containing valuable information about their schooling, professional background, legal specialties, and personal attitudes. While there are also a number of other legal directories, we believe Nolo’s provides the most consumer friendly information. Go to the Personal Injury Lawyers section of the Lawyer Directory to find a mesothelioma attorney in your area.

Investigate lawyers in online ads. Because mesothelioma cases can be so profitable, many law firms spend big dollars on Internet ads and websites. Just Google mesothelioma lawyer and you’ll find a long list. Click on a few ads or websites and you’ll see that everyone claims to be the best of the best. How do you cut through all this hype to focus on a short list of hopefully excellent mesothelioma lawyers? We recommend that you carefully read the legal information each lawyer provides. In our experience lawyers who provide well-written, in-depth information demonstrate a superior sensitivity to client needs. By the same token, we distrust lawyers who say little more than “I can get you millions pronto -- trust me.”

How to Choose the Right Mesothelioma Lawyer

Check a lawyer’s references. If a mesothelioma lawyer wants your business badly enough, the lawyer should be able to provide you with the name and contact information of a few satisfied clients. Of course, the lawyer will have to get the permission of the client, but this can usually be arranged. Although you’ll only be given the names of very satisfied clients, it can still be very helpful to talk to someone who has worked with the lawyer you are considering in a mesothelioma case.

Interview the lawyers. Once you develop a short list of mesothelioma lawyers, contact their offices (again, get help if you are very ill). Request a case evaluation and, if possible, arrange a personal interview. Ask who exactly will manage your case (often a case manager, who is a non-lawyer in larger firms). Find out who you can call or email if you have questions, and how long it will take to get back to you. Anticipating these questions, many law firms will give you a written overview of what to expect. Especially if it’s detailed and guarantees that all calls and emails will be returned in 24 hours, this is a good sign.

Negotiate fees with the lawyer. As discussed in Nolo’s article Mesothelioma and Asbestos: An Overview, mesothelioma lawyers charge a contingency fee for their legal representation, plus additional fees to prepare your case. One good approach is to contact several lawyers, making it clear that you’ll take your time before signing a fee agreement. Your goal is to find a good quality lawyer who will represent you for 25% to 30% of your recovery, instead of 33%-40%. Some lawyers will state they never bargain over fees, claiming that if you want the highest quality you have to pay top dollar for it. As with hiring any service provider this is usually nonsense—no one has ever proved that the most expensive mesothelioma lawyer (or doctor, chiropractor, or accountant) produces the best results. And pay attention before signing an agreement to pay additional fees. Because your lawyer will already be very well paid from the settlement or court judgment in your case, extra fees should be limited to a short list, including court filing fees and deposition costs. It’s a bad sign if the lawyer is vague about fees or presents you with a two-page list itemizing every fee you can think of.

by: Ralph Warner , Attorney

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