10 Keys to Choosing a Mesothelioma Attorney

10 Keys to Choosing a Mesothelioma Attorney

Hiring a lawyer can be an intimidating process, especially if you've never hired one before. Mesothelioma and other asbestos-related cases are complex and require experienced, top notch attorneys. How do you know which lawyer will bring the attention and skill to your case that it deserves? We've compiled the following list to help you with your decision:

1. Trust your instincts. Do you feel comfortable talking with the prospective attorney? Does he or she listen and ask questions? If you feel that you are not being taken seriously, go elsewhere.

2. Check the attorney’s professional credentials. Carefully review the firm’s website and brochures, and check the attorney’s profile and rating at www.martindale-hubbell.com. If you’re still unsure, ask for references.

3. Make sure the firm is customer-oriented. Do you have direct access to the attorney who is actually responsible for your case? Does he or she return your phone calls promptly? Remember you are the customer and have the right to expect good service.

4. Ask if your case will be handled individually. Some firms will accept your case, only to bundle it with a large group of similar cases. This practice tends to diminish the value of stronger cases in order to help weaker ones.

5. Find an attorney with experience in mesothelioma litigation. Does your attorney have direct experience in mesothelioma litigation? Look nationally for a firm with a solid track record in this area.

6. Make sure your attorney has trial experience. Many attorneys have limited trial experience. Although most cases settle out of court, a lawyer with a strong trial record puts you in a better bargaining position during the negotiating process.

7. Find a skilled negotiator. Does your attorney have training in negotiation? What is his or her settlement value track record? Even though most lawyers spend a much greater percentage of their time negotiating than trying cases, very few attorneys have training or expertise in this area.

8. Ask the firm who their strategic partners are. Under certain circumstances law firms join forces to share their research, expertise and other resources in order to build the best possible case for you.

9. Make sure the firm works on a contingency fee basis. With this type of arrangement the law firm incurs all the financial risk. You don’t pay any out-of-pocket costs until the firm recovers compensation for you; fees are a percentage of the recovery.

10. Check to see if the lawyer is AARP-approved. If not, go to the AARP Legal Services Network to find an attorney. Besides being extensively screened by AARP to become approved, AARP attorneys offer AARP members a 20% discount on their standard legal fees.

Although selecting a qualified mesothelioma attorney is not easy, don't get discouraged. There are great lawyers out there who are genuinely interested in helping others. Your case deserves no less. For more information visit www.mesotheliomaadvice.org/legal/mesothelioma-attorney.asp.

Mesothelioma - Suing For Compensation

Most asbestos lawsuits have been filed by people who have worked in environments where they have been exposed to asbestos, and who subsequently developed an asbestos-related illness such as asbestosis or mesothelioma. The purpose of asbestos lawsuits is to recover financial damages from the employer responsible for maintaining the safety of the workplace, or from some other company that was negligent in manufacturing or in recommending a hazardous material.

Financial damages usually include the cost of medical bills, other costs associated with the disease, lost wages, and sometimes compensation for loss in quality of living or potential for future earnings. Mesothelioma cases usually recieve the highest settlement amounts -- typically being settled out of court for about $3 million each.

**The History of Mesothelioma Lawsuits**

The first asbestos products lawsuit took place in Texas in 1966 when Johns-Manville, Fibreboard and Owens-Corning Fiberglas were sued on behalf of Claude Tomplait, an asbestos worker. Tomplait lost this case, but it was quickly followed up by another one in 1969 which was won and upheld in appeals in 1973.

In the late 1970s the legal battles took on a different tone. It was found that asbestos companies were involved in a conspiracy to suppress knowledge about the harmful effects of asbestos. By 1982 punitive damages were being awarded to sufferers of asbestos-related diseases, and many of the major companies responded by seeking Chapter 11 bankruptcy protection.

This complicated the legal situation considerably. Things also changed in the 1980s because successive waves of new workers were coming forward with asbestos-related diseases. These included workers in construction companies, asbestos distributors, and companies involved with asbestos-related products such as brake linings and insulation.

Eventually, many of the major bankrupt asbestos companies set up settlement trusts to handle problem cases separate from the litigation process. Most lawyers will simultaneously proceed with litigation against the companies while negotiating with the settlement trusts. Normally, when a settlement is reached with the trust it will be for much less money, and payments are often spread over many years.

**How do lawyers proceed with mesothelioma cases?**

Most lawyers in this field will do an examination of each claim on an individual basis. Since they often take on such cases on a "contingency" basis, they will usually not take on a case unless they have a reasonable chance of winning. This means that a history of contact with asbestos is usually not sufficient to proceed. A person should have tangible evidence of the presence of mesothelioma before a serious case can be undertaken.

The lawyer will look at all relevant information including medical records, family history, work history, exposure to asbestos. They normally have to be satisfied of two things before beginning -- there must be a diagnosis of mesothelioma, and there must be defendants who can be held responsible. Once they have these two things they are usually prepared to take on the case.

**How are the lawyers paid?**

Most lawyers work on a contingency basis. This means they do not get paid until the case is settled in their client's favor. A standard rate is 30% of the gross settlement. When selecting a lawyer, be careful of how the funds are dispersed. Some will take their 30% and then pay the legal fees out of the client's portion. This means they will actually be getting more than 30% -- sometimes closer to 40 or 50%. Look for a firm that pays the fees out of the gross settlement amount. And be sure that there are no circumstances in which you will be billed for costs if your lawyer loses the case.

**Workers' Compensation or 3rd Party Litigation**

Normally when a claim is made against an employer, the case is handled by Workers' Compensation. In most jurisdictions this is a "no fault" insurance system. All employers must have this kind of insurance. So when a claim is made against the system, there is no need to establish that the employer was at fault. All the system has to do is establish that the employee has been injured or disabled because of his or her employment.

A workers' compensation claim can usually be finalized within 6 to 12 months.

When filing a civil lawsuit against a 3rd party such as a product manufacturer, the process is considerably more complicated. In this case, the lawyers representing a mesothelioma victim will usually name several defendants -- sometimes as many as 30 or 40 mining companies, manufacturers, distributors, brokers, insulation contractors, general contractors, etc.-- to attempt to spread the damages over as many parties as possible and increase the chances of receiving a sizable settlement.

Experienced lawyers will attempt to settle with defendants before actually going to court. If the case does get to court and a verdict is reached it is almost certain to be appealed. In such cases it can take years to reach a final resolution.

**If you have been exposed to asbestos...**

If you have been exposed to asbestos, the best advice is to have a thorough medical examination to determine if you have any signs of mesothelioma. If you do, then it is best to consult with a lawyer about your situation as soon as possible.

Mesothelioma Treatments: What Are My Options?

Clinical research to treat malignant mesothelioma is very active and although no treatment has yet proved entirely successful, there exist a range of treatments available to individuals diagnosed with the disease. There are three types of standard treatments used to treat malignant mesothelioma which include: surgery, radiation therapy, and chemotherapy.

Surgery

Surgery for malignant mesothelioma is divided into a number of sub-classes, which are specially designed to limit the disease for individuals with particular strains of the disease.

Extrapleural pneumonectomy is a severe form of surgery in which the entire lung and a portion of the lining of the chest, the diaphragm, and some or the entire sac which surrounds the heart is removed.

Wide local excision is a form of surgery which targets and removes the cancer and a limited amount of the healthy tissue surrounding the cancerous region.

Pleurectomy and decortication removes part of the covering of the lungs, as well as the lining of the chest and portions of the outside covering of the lungs.

The surgical procedure pleurodesis is a distinct technique insofar as it employs a blend of chemicals and/or drugs to create an intentional scar between the layers of the pleura. Post surgery, the space created by the scar must be drained, using either a catheter or chest tube, and is then filled with a chemical which inhibits the accumulation of fluid in the pleura cavity.

Radiation

The second primary medical technique used to fight the development of malignant mesothelioma is radiation. Radiation therapy, as applied to malignant mesothelioma uses the same basic technology as other forms of medical radiation insofar as the technique employs high energy x-rays to kill cancer cells. The process is divided into two broad categories:

External radiation therapy is a technique in which a machine sends radiation in a targeted stream at a certain portion of the body, and in so doing it kills the cancerous cells in its purview.

Internal radiation therapy, by contrast, uses not an external machine, but rather needles, seeds and catheters to place radioactive substance directly on or near the cancer. While the precise method of implementation will of course depend upon the type and stage of the illness, what is constant within this category is that the goal is to get the radiation placed directly onto the cancerous area and in so doing provide a more concentrated and directed dosage.

Chemotherapy

The third standard malignant mesothelioma treatment is Chemotherapy. Chemotherapy uses drugs which target cancer cells and stop them from dividing and thus prevent their growth.

In systemic chemotherapy, the drug can be taken by mouth or injected, but either way the goal is to have it reach cancer cells by means of the body’s own blood circulation system. In regional chemotherapy, the drug is placed directly onto the target area. And finally, combination chemotherapy involves the use of two or more anticancer drugs which can be administered either orally or through injection.

Malignant mesothelioma is a difficult disease for anyone to bear, however, educating oneself as to the options available is an important step for making the process more manageable.

Mesothelioma: 5 Top Tips to Help Cope Easier

Living with a diagnosis of Mesothelioma can be very emotionally difficult to deal with. Understandably, you may be feeling upset and confused as it is not uncommon for Mesothelioma to be diagnosed at an advanced stage. Here are five tips to help you or anyone else cope with Mesothelioma:

1: Coping with your feelings.

Everyone has a different reaction when they learn that they have Mesothelioma. A wide range of feelings and emotions such as confusion, upset , worried, depression, shock, fear, denial, anger, negativity, etc. And it is not uncommon for people to feel relieved on learning they have Mesothelioma as they feel it is better to know than not know at all.

Just because you are having different feelings to others (or to the ones listed above) does not mean that you are not coping. There is no text book way to cope with Mesothelioma. The feelings you experience are naturally right for you so do not compare your feelings with anyone else.

2: Finding others to talk to.

Your family and friends may find it hard to talk with each other about Mesothelioma. This is not unusual as they may be scared of frightening you or make it more difficult to talk about in the future. Most Mesothelioma patients feel that a problem shared is a problem halved. In some cases, patients feel it is best just to be listened to and know that someone is there if a ‘good pair of listening ears’ is needed. Get the subject out in the open.

3: How to tell children.

It is never easy to tell children about Mesothelioma, even more difficult if they are small. Most patients will have small children, young relatives or the children of friends in their lives.

If the child you need to speak with is very small, start off by explaining that the person in question is very poorly. If the child is a little older, it is a good idea to explain Mesothelioma cancer as good cells and bad cells in the body. It is also a good idea if you know a little about Mesothelioma or cancer but overall, try to keep it simple.

You will also need to listen to the questions of the child and answer them the best you can without trying to upset them too much. Starting off with small bits of information and building up to the bigger picture as time goes on is a good way to go.

But don’t keep any secrets. Children are good at telling when something is not right and it may be harder for them to cope with uncertainty that it would be coping with the truth.

As adults, it can be natural to try and protect children from the truth but children can pick up on unusual comings and goings and will feel left out. Keep them informed, even if it is with just little snippets of information..

If possible, try to have a word with the childs school teacher to let them know that someone close to them is ill. Hopefully, the teacher will keep an eye on the child in case of any changes in the childs behaviour.

4. What can you do?

A feeling of helplessness is not unusual when someone is first told that they have Mesothelioma. Try and learn to understand Mesothelioma as this will help you and your family to take action and know what to expect. It is best to talk to a professional such as your doctor if you need more information as they will be able to advise you on your specific case which is always better than getting general information about Mesothelioma from a book or the internet. Be sure to take a list of questions to save time for you and your doctor.

It may be a good idea to see if there are any local support groups you can join. Finding people going through a similar experience as yourself can help you cope. Your doctor or hospital will be able to let you know if there are any support groups near to you.

As you are having treatment, you will find that you may not be able to do as much as you would like on a day to day basis. Once you start to feel a little better, try and do some simple tasks and do a little more each day. This will help with confidence but always remember not to over do things.

A lot of patients try to fight Mesothelioma by planning a healthy diet, learning relaxation techniques and taking regular exercise. You don’t have to do this, only if you would like to try it. The last thing you need are more dramatic changes in your life if you’re not ready for them. But if you do decide to give exercise a go, start slowly and set realistic targets. You will have good days and bad days so always plan your activity on how you feel on the day.

5: Who else can help?

More support can come from your GP if needed and hospitals can give advice and support through cancer nurses and specially trained staff will advise you on any worries you may have.

For financial help, check any insurance policies you have to see if you are covered. It is also advisable to seek financial help from your local welfare office if needed.

Sometimes it is nice to talk with someone who has nothing to do with Mesothelioma. You may want to try counselling or if you’re religious, speaking with a local minister or anyone else involved in your faith.

Mesothelioma Diagnosis

What Exactly Is Mesothelioma ?

Mesothelioma the medical name for cancer of the lung or the abdomen lining, and is usually caused by exposure to asbestos.

Asbestos is a type of building material used in thermal insulation products and ceiling tiles. Asbestos usage peaked during the 1950s - 1970s, but during the late 1960s, concerns over the health consequences of asbestos exposure began to arise, thereby decreasing the amount of asbestos manufactured over the following two decades. But even though new measures where brought in to get rid of it, many schools and public buildings still contain asbestos.

Small asbestos fibers that enter the air do not evaporate and can remain suspended in the air for a long time. These fibers, when breathed into the body, are toxic. The people most at risk are :-

People working in factories that manufacture asbestos are likely to have a high exposure to asbestos and are most at risk of developing asbestosis or mesothelioma.

Family members of workers exposed to asbestos in the workplace are susceptible to exposure from asbestos dust brought home by the worker on his clothes or skin.

Those who live in the vicinity of an asbestos manufacturing plant are also at risk.

Symptoms of mesothelioma may not appear until between twenty and fifty years after exposure, which explains why so many new cases of this form of cancer are coming to light now. Many people who haven't been in contact with asbestos for decades, are now showing symptoms of this dreadful desease.

As with many forms of cancer, mesothelioma can spread rapidly. Symptoms include shortness of breath, coughing, loss of weight, and chest pains. If it is diagnosed early enough, the tumor can be surgically removed, and with chemotherapy and radiation treatment, a full recovery is often possible.

However, in more advanced cases, cure is usually not possible. In such cases, chemotherapy and radiation treatment can be used alongside other pain relief treatments, to ease the symptoms. Where cure is not possible, the average survival time is between four and eighteen months, depending on the stage of the tumor and the general health of the patient.

I was prompted to write about mesothelioma because as a child I lived near a factory which produced asbestos, and I personally know families who have suffered due to this terrible desease.

Wesley Exon
Senior Writer
www.mesothelioma-cancerinfo.com