Mesothelioma Attorney

These pages provide consumer tips for how to deal with the financial aspects of selecting a mesothelioma attorney.   They do not provide any information regarding the medical aspects of this serious disease.

Since so much is at stake, selecting the right mesothelioma lawyer is very important.   According the Wall Street Journal, lawyers say a typical mesothelioma award in a mesothelioma settlement is $1 million, and attorneys get 40% of this amount.   If the case actually goes to trial, the average award was $6 million in 2001, which was triple the amount awarded just two years earlier.

So, mesothelioma attorneys are very eager to find mesothelioma patients.   And it's vital that patients select the mesothelioma attorneys that are best for them.

A Brief Background on Your Legal Rights Regarding Mesothelioma

Companies that manufacture products that contain asbestos have known for over 60 years that asbestos can cause serious diseases.

Unfortunately, because many of these companies wanted to increase their profits, they kept this information quiet, thereby seriously endangering their workers.  

There are now laws that help protect the workers who have been harmed by their exposure to these asbestos-related products.  

However, since representing mesothelioma can be so profitable to attorneys, it is important that people who have mesothelioma be especially careful selecting attorneys who are really qualified to represent them.   Therefore, we have created a list of...

Important Questions to Ask When Selecting a Mesothelioma Attorney

Question #1 to Ask When Selecting a Mesothelioma Attorney:

What is your personal experience in representing mesothelioma patients?   Your goal is to find out how many cases the attorney has actually handled.  

You also want to know: how many of these were settled, and how many of these went to trial?   What were the results of each case?

You should ask the same questions about his or her law firm.   You're goal is to find out about the firm -- is this an area the firm specializes in?

Question #2 to Ask When Selecting a Mesothelioma Attorney:

Next, you want to ask if the lawyer intends to actually handle your case him or herself.   Many attorneys simply refer these cases to another law firm and receive part of the fee in exchange.   This may not be in your best interest.

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Mesothelioma Lawyer

Early, Lucarelli, Sweeney & Meisenkothen has represented mesothelioma victims and their families honestly and effectively for over 30 years.

For over three decades, the mesothelioma law firm of Early, Lucarelli, Sweeney and Meisenkothen has specialized in asbestos litigation. In that time, ELSM has helped thousands of mesothelioma victims get the financial compensation they deserved for the injuries they sustained from asbestos products made and sold by negligent asbestos companies.

Choosing a good mesothelioma lawyer is imperative to ensuring that you will be awarded the highest settlement dollars for your case.

In this section, you can learn more about our firm, our experienced legal team and the outstanding results that we have achieved for our clients. We are confident that after you learn more about us, the clients we serve and our past track record, you will see how we can put our decades of experience winning mesothelioma settlements to work for you and your family.

Initial consultations at Early, Lucarelli, Sweeney and Meisenkothen are always free of charge and are designed to help us evaluate your case and measure your chance for a viable, successful lawsuit. In addition, because Early, Lucarelli, Sweeney and Meisenkothen operates on a contingency fee basis, the client pays nothing unless we succeed in your behalf and money is recovered.

Filing a Mesothelioma Lawsuit

To start the process of seeking compensation for a mesothelioma client, ELSM begins with a brief introductory meeting. During this meeting, an attorney from ELSM will outline the various steps of the legal process; address any questions or concerns you may have related to the legal process; and discuss the ways in which a mesothelioma client has been exposed to asbestos.

After this introductory meeting, ELSM will work on your behalf to collect all diagnosing medical reports from the medical facilities where you were treated. Before a mesothelioma lawsuit is filed, ELSM performs a thorough work history investigation of the diagnosed party. ELSM will collect work history records, including, union records, military service records and other documents to substantiate employment history. In addition to interviewing the mesothelioma client, ELSM will also identify any potential family members, co-workers, and other product identification witnesses who can assist in providing details about the work history and potential asbestos exposure in the case.

After we have completed a thorough product identification and work history investigation, our next step is to identify potential recoveries through asbestos trusts. A number of companies have admitted past asbestos liability and have set up asbestos trusts to compensate mesothelioma clients who present qualifying claims. ELSM is familiar with these asbestos trusts and their requirements for successful claims submission. For the most part, compensation through these trusts happens relatively quickly assuming your particular case meets each trust’s exposure criteria.

After your case has been evaluated for recovery through the asbestos trusts, ELSM then begins investigation of your case against viable companies who have yet to fully admit their asbestos liability. After an investigation period of about 30 to 60 days, ELSM will determine the proper venue to file the legal action. Venue selection is extremely important and is determined based on a number of factors including: a thorough understanding of scheduling, process time-frame, settlement history, and local laws, ELSM can file a lawsuit in any forum where a mesothelioma client has resided, worked, served in the military. ELSM can also fiel your lawsuit in “open forum” states that are agreeable to allowing non-resident / non-exposure claimants to file.

As soon as the proper forum is determined, ELSM will file a formal Complaint on behalf of the mesothelioma client. The Complaint will typically assert various legal causes of action against the asbestos companies likely responsible for causing or contributing to a mesothelioma client’s diagnosis. The number of asbestos companies or defendants named in the Complaint will vary based on the specific type and amount of exposure a mesothelioma client may have had during his/her lifetime.

After filing of the Complaint, the Discovery phase commences and usually lasts 3 to 4 months. Discovery allows ELSM to present information to the Defendant asbestos companies which document where, when and how the mesothelioma client was exposed to particular asbestos products. ELSM can present this information via written documents (interrogatories) and/or oral testimony (deposition) to the Defendant asbestos companies. The Defendant asbestos companies will also be entitled to present information and/or document to your attorney during this period. ELSM will also file appropriate motions in Court during the Discovery phase on the mesothelioma clients behalf. Additionally, ELSM will likely try to reach some financial settlement(s) during the Discovery phase.

Most mesothelioma lawsuits will not end up going to trial, but rather will resolve in settlements well in advance of the trial date. Throughout the entire process, ELSM will discuss the strengths and weaknesses of seeking trial resolution vs. settlement with the mesothelioma client. ELSM values continued client input and respects the client’s right to decide what may be in his/her best legal interests. Should a matter proceed to trial with your approval, ELSM is experienced, qualified and prepared to do so.

Read more: http://www.mesothelioma.com/lawyer/#ixzz2xIkeOjyA

Mesothelioma

Mesothelioma is a type of cancer that affects the mesothelium, a membranous lining that surrounds the internal organs. The mesothelium that encloses the lungs is called the pleura; so pleural mesothelioma is the term used to refer to this cancer when it affects the lining of the lungs. The pleura is actually the most common location for this cancer to take hold. This is because the contaminants that cause the disease (usually asbestos fibers) enter the body through the airway and lodge in the lungs. However, it is important to note that pleural mesothelioma is not lung cancer.

Symptoms

Painful breathing, shortness of breath, constant, painful coughing, and chest pain are all common symptoms of the disease. Unexplained weight loss, fever, trouble swallowing, lower back pain, and a hoarse voice are additional issues that may occur with this cancer. Malignant mesothelioma can be present in the body for many decades before causing symptoms. When health problems do start to become evident, they may be mistaken for other illnesses. These are two reasons that this cancer is usually far advanced before it is detected.

Diagnosis

Since mesothelioma is most often caused by asbestos, a patient's history of exposure will be reviewed early on to determine the likelihood that the symptoms are being caused by this form of cancer. After a physical examination, several tests may be done to find out if mesothelioma is present. Chest X-rays, a CAT scan, and a PET scan are a few examples. An MRI and/or a pulmonary angiography are sometimes used for further confirmation of a diagnosis.

If abnormal results are detected that might indicate mesothelioma, a biopsy will need to be performed. This may be done using a fluid sample from the pleural lining or with a sample of the pleura itself. The larger the sample taken, the more accurate the results of the biopsy tend to be. Gene pattern analysis and other advanced tests may be performed on the tissue sample to determine exactly what type of cancer is present.

Treatment

The recommended approach for treating mesothelioma depends on how far the cancer has spread and the patient's overall health. Radiation, chemotherapy, and surgery may be the best option for some situations. A few individuals are even candidates for lung transplantation. In other cases, treatment focuses on relieving symptoms such as pleural effusion (fluid buildup around the lungs). There are many clinical trials underway to find more effective treatments for each stage of mesothelioma. These include advanced options such as immunotherapy and gene therapy.

Lawsuits

Many patients who are diagnosed with this cancer file a lawsuit with the assistance of a personal injury lawyer. The goal is to obtain mesothelioma compensation that will cover medical bills and compensate the victim for the pain and suffering caused by the disease. Family members may also choose to file a wrongful death suit following the death of an ill loved one who has died from mesothelioma. Because this disease is commonly diagnosed in elderly patients after the cancer has started spreading, the long-term survival rates are generally very poor.

Consult with a medical expert to learn more about malignant mesothelioma, including pleural mesothelioma and its symptoms.



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