If you or a loved one have been diagnosed with mesothelioma cancer or asbestos lung cancer – or if you have developed symptoms which you believe could be caused by asbestos exposure – you and your family may consider seeking the help of an experienced asbestos attorney to help you take legal action and pursue compensation for your illness.
Choosing an asbestos attorney to help you and your family file an asbestos or mesothelioma lawsuit is an important decision. However, you may have questions or concerns about how you should go about selecting the right law firm to handle your case.
The following guide is intended to help workers and their families who have been affected by an asbestos-related illness understand the questions they may need to consider in looking for a mesothelioma and asbestos lawyer.
If you have concerns about filing a mesothelioma or asbestos claim and would like answers from an experienced attorney, the lawyers at Hissey Mulderig & Friend are available to answer your questions with a free legal consultation. You can reach us by calling toll-free at 1-855-500-3734, or by filling our the free case evaluation form on the left side of this page.
What to Look For Hiring an Asbestos & Mesothelioma Lawyer
Experience With Mesothelioma and Asbestos Lung Cancer Cases
Asbestos and mesothelioma lawsuits are different than other types of product liability or personal injury claims. Unlike most injury cases, asbestos claims often involve exposure that occurred decades ago.
In order to effectively handle your claim, your asbestos attorney needs to regularly handle cases that involve:
- Long latency periods between exposure and diagnosis
- Gathering evidence of occupational exposure from decades ago
- Multiple defendants across different industries
Before engaging the services of an asbestos law firm to handle your claim, you should make sure your lawyer has the experience in asbestos litigation to achieve the best possible results in your case.
Track Record of Identifying Asbestos Exposure from Decades Ago
Most asbestos workers who develop mesothelioma or asbestos lung cancer were exposed 20-50 years before they were diagnosed.
An experienced asbestos attorney will be able to help you reconstruct your work history from the 1960s through the 1980s, help you to identify asbestos products that were used at specific job sites, and link your exposure to the manufacturers of these products, even if they are no longer in business or have been reorganized.
Without the ability to reconstruct your work history and history of asbestos exposure, your asbestos attorney will not be able to prove your case in a court of law and help you to recover compensation.
Knowledge of the Asbestos Bankruptcy Trust Claims Process
Many asbestos lung cancer or mesothelioma claims are never tried in court. Rather, workers who were exposed to asbestos and their families receive compensation by filing a claim with the asbestos bankruptcy trusts that were established to compensate victims of asbestos exposure.
To help you receive the compensation to which you and your family are entitled under the law, it is important that you select an asbestos lawyer with signifcant experience in the asbestos bankruptcy trust claims process.
An experienced mesothelioma attorney will know which of these trusts apply to which job sites and products, coordinate the claims process without jeopardizing your ability to file an asbestos or mesothelioma lawsuit, and have the ability to handle cases that involve both trust claims and civil lawsuits to ensure that no money is left on the table.
Ability to Handle Cases Nationwide
Mesothelioma claims are often filed in states courts. Often, the best place to file an asbestos lawsuit is different than the one in which workers or their families currently live.
Where an asbestos lung cancer or mesothelioma lawsuit is filed often depends on where the asbestos exposure occurred, where the companies who used or sold asbestos products are headquartered, and which courts have traditionally been the most effective at handling asbestos litigation.
Because the state where you and your family file an asbestos lawsuit may be different than the one in which you currently live, it is important to select a law firm with experience handling asbestos cases across the United States to ensure the best possible outcome in your case.
Understanding of Statutes of Limitations (Including State-Specific Rules)
The statutes of limitations that determine how long you have to file an asbestos lawsuit begin at the time of diagnosis, not when you were exposed.
These deadlines to take legal action are strict, and are different depending on the state. If you miss the deadline to file an asbestos claim, there is no second opportunity to take legal action and seek compensation.
When you hire an attorney to handle your case, they should be able to quickly identify the statutes of limitations that effect how long you have to take legal action.
They should also be able to help you understand how the laws in your state apply to your case, and whether it would be advantageous to file your claim in another state because of more favorable laws there.
With this knowledge, you can be confident that the attorney who handles your claim files the case in the appropriate venue or jurisdiction to recover the maximum damages to which you and your family are legally entitled.
Resources to Handle Complex, Documents-Heavy Cases
Mesothelioma cancer lawsuits involve large amounts of paperwork.
In order to successfully handle your claim, the attorney you select will need to perform a review of your medical records, confirm your disease pathology and diagnosis, and gather numerous records, including employment records, union records, and sometimes military service records.
Handling such a large amount of paperwork requires more than just experience: law firms need to have enough staff to help you gather your paperwork, a database to help them organize all the records in your case, and the financial resources to be able to process your paperwork without cutting corners in your case.
Experience With Both Living Clients and Family Claims
Asbestos claims can be filed both by living workers who were diagnosed with mesothelioma or lung cancer, as well as wrongful death claims by a surviving spouse or adult child who is taking legal action on behalf of a deceased relative.
The damages in an asbestos lawsuit can differ depending on whether the claim is filed by living patients or a surviving loved one.
Experienced asbestos lawyers will understand how damages may differ in these claims, including differences in medical costs, lost wages, pain and suffering, and loss of companionship.
Clear Fee Structure & Contingency-Based Representation
A reputable mesothelioma and asbestos law firm will work on a strict contingency basis. This means that you will never have to pay legal fees or other costs unless they are able to successfully recover damages in your case.
Before hiring an attorney to handle your asbestos lawsuit, you should make sure that your lawyer won’t ask for upfront legal fees, and will only get paid if damages are recovered in your claim.
Your attorney should also be able to clearly explain their fee structure to you and your family. Clear communication about legal fees is essential to building trust and ensuring a smooth working relationship during the period in which your claim is being filed and processed.
Ability to Explain the Asbestos Claims Process in Plain English (or Spanish)
Experienced mesothelioma lawyers should be able to clearly communicate the steps in the asbestos claims process to their clients.
This includes explaining how asbestos claims are evaluated, the expected timeline for the claims process, and the differences between settlements, trials, and asbestos bankruptcy trust claims.
An attorney with decades of experience in asbestos claims will understand that their clients are often dealing with stress from a serious illness or the loss of a loved one, and will make the process of filing a case as easy as possible by clearly explaining the road that lies ahead.
Asbestos attorneys should also have staff trained in Spanish to help bilingual families to understand the steps involved in filing an asbestos claim.
Focus on Mesothelioma and Asbestos Litigation
Asbestos litigation is a full-time job. It is important to hire a law firm to handle your cases that specializes in mesothelioma and asbestos lawsuits to ensure that you receive the best possible results in your case.
Before selecting an attorney to handle your claim, you should check to make sure your law firm regularly publishes educational content about asbestos litigation, tracks job sites where asbestos exposure may have occurred, and stays current on emerging trends in asbestos litigation.
An attorney who actively specializes in asbestos litigation will better be able to identify viable asbestos claims, maximize the recovery in your case, and avoid procedural errors that could prevent you and your family from receiving the compensation you deserve.
Why Choose Hissey Mulderig & Friend
The lawyers at Hissey Mulderig & Friend have more than 100 years of combined legal experience handling mesothelioma and asbestos lawsuits. Our law firm has a proven track record of identifying asbestos exposure cases from decades ago and helping patients and their loved ones recover the compensation to which they are entitled under the law.
Our law firm and dedicated staff understand the process of filing asbestos trust claims, both on behalf of living workers and surviving family members. Although our firm is based in Austin, Texas, our attorneys have filed cases and handled claims on behalf of clients located across the United States.
Because of our deep experience in asbestos litigation, our attorneys are well-versed in the statutes of limitations that could affect your family’s ability to recover damages in your case. We have the staff, the technology, and the financial resources to handle all the documents involved in asbestos litigation.
At Hissey Mulderig & Friend, our attorneys work on a strict contingency basis: you will never pay any legal fees or other costs unless we win your case.
Before filing your claim, our attorneys and staff will explain the asbestos litigation process to you and your family in clear language, including an explanation of our fee structure.
Our law firm also employs several staff members who are fluent in Spanish to help bilingual families understand asbestos litigation and fees.
Contact Us and Start Your Claim Today
If you or a loved one was exposed to asbestos before 1982 and has been diagnosed with mesothelioma cancer, asbestos lung cancer, or other diseases caused by asbestos exposure, you may be eligible to file a lawsuit and receive compensation.
Asbestos workers and their loved ones who believe they have developed symptoms of an asbestos-related disease may also be eligible to receive a free asbestos health exam courtesy of our law firm to check for symptoms of mesothelioma or asbestos lung cancer.
Find out whether you qualify to take legal action, schedule your free asbestos health exam, or start the process of filing your claim today by contacting the law firm of Hissey Mulderig & Friend.
You can reach us by calling our law office toll-free at 1-855-500-3734, or by sending us a message using our free case evaluation form, located at the top of this page.
