How to Find, Hire, and Pay the Right Asbestos-Mesothelioma Lawyer

Finding the right asbestos-injury lawyer is key to the outcome of your case. But it will take time and effort. When you're ill with asbestosis, mesothelioma, or another asbestos-related disease, the process can be incredibly taxing. Our goal is to help you get through it as easily and efficiently as possible.

The best results will come if you do your research first, develop a list of candidates, and then interview each one. If you can't manage by yourself, ask a friend or a family member to help. To prepare for each interview, develop a set of standard questions dealing with the topics we outline below.

Most asbestos claims—like the majority of personal injury cases—are handled on a "contingent fee" basis. In a nutshell, this means you don't have to pay the attorney up front or by the hour. The lawyer handles your case and takes a fee only if you win. We'll provide more details below.

Find the Right Lawyer for Your Asbestos Lawsuit or Claim

Let's start with how not to find an asbestos-injury lawyer. Don't just pick someone at random based on a television, billboard, or online ad. You have no way of knowing about that lawyer's reputation, credentials, or experience.

Similarly, don't fall for the "I'll get you tons of money, and fast!" pitch. That's nothing more than lawyer clickbait, the legal equivalent of "The government is hiding this one weird trick to get millions!" online ads. No lawyer can promise you a recovery, big or small.

Finding the right attorney for your case will involve some legwork. The good news is that you should be able to do most of it from the comfort of your couch. Here are some good ways to collect information.

Ask Former Work Colleagues

If you've been diagnosed with an asbestos-related illness, there's a high likelihood (sadly) that people you worked with have also become sick. They might be a few steps ahead of you in the injury claim process. Perhaps they've already hired a lawyer and filed a mesothelioma lawsuit. If they've found a lawyer they like and respect, add that lawyer's name to your list of candidates.

Contact Former Multidistrict Litigation Attorneys

In 1991, to handle the flood of asbestos-injury cases in federal courts, the federal court system created an asbestos "multidistrict litigation" (MDL). Especially in mass tort cases, an MDL is an effective litigation management tool. Individual lawsuits involving similar facts are grouped together in one federal court and are managed, individually and collectively, by one judge.

The asbestos MDL is now out of business, no longer accepting new cases. But the website is still available, and on it you'll find a list of contact people. From the main page, scroll down to "Contacts" and click on it. Look for a heading called "Plaintiffs' Land-Based Steering Committee." There, you'll find contact information for several well-known and very experienced asbestos-injury lawyers.

Contact those lawyers and ask if they're handling asbestos or mesothelioma lawsuits in your state. If not, ask them if they can refer you to one or more attorneys in your area who they know and trust. Most will be happy to help. Don't waste your time contacting any of the judges or defense lawyers listed there. They're not in the business of referring asbestos-injury victims to legal counsel.

Attorneys on Nolo's Websites

Many of the lawyers featured on Nolo's websites handle asbestos-injury cases. Before being listed, each attorney must complete a profile detailing their legal education, expertise, and professional background. To contact a nearby attorney, use the "Chat" or "Take the Next Step" features.

Of course, Nolo can't guarantee or warrant any attorney's performance or the results you might get. You'll have to decide, after speaking to the lawyer, whether they're right for you and your case.

Full disclosure: Lawyers pay a fee to be listed on Nolo's websites.

Investigate Lawyers Online

Because asbestos-injury cases can be profitable, many lawyers spend big money and lots of time creating their law firm website. Google "asbestos lawsuit" or "mesothelioma lawyer near me" and you'll be inundated with results. The problem, as mentioned above, is that some lawyers puff up their expertise online, confident in the knowledge that enough clients won't do their homework.

So, how do you separate the wheat from the chaff? Focus closely on the substantive legal information each lawyer provides. Do they:

• explain, in detail, the factors that make for a viable asbestos-injury claim or lawsuit
• discuss some of the difficult legal issues that might come up, like the statute of limitations or problems with causation
• tell you the difference between a trust fund claim and a lawsuit, and why it matters
• discuss the differences between a mesothelioma lawsuit and an asbestos-related lung cancer lawsuit?

Lawyers who provide well-written, in-depth information are trying to demonstrate their proficiency with asbestos cases and with the process that's involved in taking a case from start to finish.

Watch out for websites featuring a brief, vague paragraph or two talking in generalities about asbestos claims, or that do little more than list multimillion dollar verdicts or settlements. Those sites sometimes belong to "referral-fee lawyers," meaning lawyers who make their living bringing in clients and referring the cases to other law firms.

What to Cover When Interviewing an Asbestos Lawyer

When you set up attorney interviews, explain that you think you might have an asbestos-injury claim and that you're interested in a case evaluation. Some firms might ask that you provide basic case information ahead of time, using an online client intake or similar form. Others will have you fill out this kind of paperwork when you arrive at the office.

If you're too ill to travel, many lawyers will come to you for the initial consultation. If that isn't possible, ask if you can conduct the interview by Google Meet, Webex, or another online meeting platform.

Here's a list of subjects you should try to cover with each lawyer you interview.

Experience With Cases Like Yours

A natural place to begin is with the lawyer's actual, hands-on experience handling cases like yours. Ask how many asbestos-injury cases the lawyer has handled as lead attorney (lawyers call this "first-chair" experience). If the lawyer tells you most of their experience has been "second-chair," that means most of the time they've assisted other attorneys who were lead counsel.

Of the cases where the lawyer was lead attorney, get an estimate of what percentage settled and what percentage ended up in trial. Ask the lawyer to describe for you the risks associated with trial, and if there are ways those risks can be minimized in your case.

The Case Evaluation

You want a candid, no-holds-barred evaluation of your case. Ask if you have a viable claim (or claims), and ask the lawyer to go over the main strengths and weaknesses of your case. Don't focus on your case's strong points. Zero in on the weaknesses, and ask the lawyer how they'll deal with those. If there are problems that might be case killers, you want to know about those sooner rather than later.

For instance, if your asbestos exposure happened in a state other than the one where you currently live, you might need to file your case in the exposure state. Ask the lawyer if they work with, or will refer your case to, a trusted asbestos lawyer in that state.

When you've already been diagnosed with asbestosis, mesothelioma, or another illness with a known link to asbestos, the attorney will probably be willing to accept your case without any sort of medical exam. If you've been exposed to asbestos but have yet to be diagnosed, the attorney might only agree to take your case on the condition that a medical exam reveals you have an asbestos-related disease.

You'll be tempted to ask the lawyer how much your case is worth. Ask if you must, but be prepared for a less-than-satisfying answer. Most lawyers will be reluctant to put a specific dollar value on your claims. And with good reason: The only way to find out how much your case will bring is by filing it and seeing it through to conclusion. The lawyer might give you some ballpark ranges, but don't start spending that money right away.

Types of Claims and Case Timeline

When you have an asbestos-related illness, there are three ways to bring a claim: A "trust fund claim," an insurance claim (and, if necessary, a lawsuit), and a worker's compensation claim. Depending on the circumstances of your exposure and the status of the company that's responsible for your disease, you might have one, two, or all three kinds of claims. Ask the lawyer to explain what kinds of claims you have, and how the different claim types might impact your payout.

Naturally, you want to know—at least in general terms—how long it's likely to take before you get paid. Even experienced asbestos-injury lawyers can't give you an exact time frame, but they should be able to estimate a range of dates. The time involved will depend, in part, on factors that are beyond both your and the attorney's control.

Here are some of the questions you might ask:

• How long will it be before my claim is filed?
• If my claim might go to trial, how far out is the trial date likely to be?
• When will I be asked to give a deposition?
• What are other important events that can affect the length of the case?

Settlement Prospects

Most personal injury cases end in a settlement. The same is true of asbestos lawsuits and mesothelioma lawsuits. Your case will probably settle, but ask the lawyer if there are any facts or issues that might make a trial more likely. If so, you want to know what those facts or issues are and if there are ways to avoid them, thus increasing the odds of settlement.

Case Management and Client Communications

In some law firms—especially large ones with lots of cases and clients—day-to-day case management tasks are handled not by attorneys, but by non-attorney case managers. There's nothing wrong with this practice. Quite often, it improves case-handling efficiency by making sure that cases are continually moving toward resolution.

One area where case management will matter is client communications. Some firms will give clients a written overview of what to expect. Be sure to find out who your primary point of contact will be should you have questions, concerns, or need an update. Ask how long you'll have to wait for an answer to texts, emails, or phone calls. Ideally, you'd like an assurance that you'll hear back within 24 hours, excluding weekends, holidays, or other urgent obligations.

Attorney's Fees, Case Expenses, and How They're Calculated

If you have a viable asbestos-injury claim, you should be able to find an experienced lawyer who will:

• take your case on a contingency fee basis, and
• advance the necessary case expenses and deduct them from your recovery.

Contingent-fee agreements. A typical contingent-fee agreement will pay the lawyer between 25% and 40% of any amount you get in a settlement or from a jury verdict or judgment. Ask the lawyer if contingent fees are capped by your state law. If so, the fee will be limited to that percentage.

Also, find out how the firm calculates contingent fees. In particular, you want to know if the fee percentage is based on your gross recovery (that is, before case expenses are deducted), or your recovery net of case expenses. Most attorneys will deduct the fee from your gross recovery.

Case expenses. Case expenses are amounts the law firm pays to move the case toward settlement, trial, or judgment. Typical case expenses include:

• filing fees (for the initial complaint, motions, and other documents that get filed in court)
• costs of serving documents on defendants, witnesses, or others
• charges for obtaining medical records, employment records, and other documents
• deposition transcript fees
• payments to medical experts (often the biggest case expense, sometimes running into the tens of thousands of dollars) and other witnesses, and
• jury fees.

Ask who's responsible for cases expenses should you lose and not get any recovery. Most lawyers will absorb those losses as a cost of doing business, but you don't want to be surprised by this after-the-fact. Make sure it's covered in your contingent fee and case expense agreement.

Sliding Scale Contingent Fee Agreements

Many attorneys charge the same contingent fee percentage regardless of when or how an asbestos lawsuit or claim gets resolved. Some charge a lower percentage for worker's compensation or trust fund claims. Others use a sliding scale arrangement, with the fee percentage increasing the longer the case goes on.

For example, the lawyer might charge a fee of 25% if the case settles early. The percentage increases once your case is filed. If the case doesn't settle and must be tried, the percentage gets bumped up again. A higher percentage applies if the case is tried and then gets appealed.

Regardless of the arrangement, make sure it's clearly spelled out in a written contract.

What If You Switch Attorneys?

Say you sign on with a law firm in your state, only to later learn that jurisdiction over your case (meaning the authority to hear and decide it) rests with the courts of a different state. Your original attorney refers you to a lawyer in the proper state.

Should that happen, you'll need a written fee and case expense agreement with your new lawyer. Ideally, that agreement will spell out how your new lawyer and your former lawyer will split fees, and how fees and expenses will be paid at the end of the case. This new arrangement shouldn't result in additional costs to you.

The situation might be different if for some reason you and your attorney have a falling out. When you take your case to a different firm, the attorney you initially signed up with has a right to recover any expenses they advanced, along with a reasonable fee for their representation, from any recovery your new firm makes.

This is known as an attorney's lien. It's not an unusual circumstance and normally, the attorneys will sort the lien out between themselves.