Dealing with a family member’s cancer illness can be stressful, traumatic and expensive. Dealing with the knowledge that they got Cancer due to exposure to hazardous chemicals at work can add to the stress. One common exposure is Asbestos which causes a type of cancer called mesothelioma. Often it can take as long as 40 years to develop after exposure.
If you or someone in your family has been diagnosed with mesothelioma, you should meet with an attorney from a law firm with a proven track record to discuss whether you are entitled to compensation. Mesothelioma patients can often recover damages from insurance companies and Worker’s Compensation Insurance based on the severity of their condition and the negligence from the company involved. Some claims are worth more than $2 million, allowing a family to cover medical expenses and be financially secure for life if they are able to recover the money from their claim.
Meeting with an Attorney
When you meet with an attorney, you must be prepared to discuss your case. You will need to tell your story to the attorney, provide information in a questionnaire, and bring evidence with you to the meeting (medical bills, doctor notes, etc.). Over 90% of mesothelioma cases will end up settling out of court, allowing an attorney to use their negotiation skills to work hard on getting you a fair settlement within a few months of filing your claim.
Pursuing a Claim
Mesothelioma can lie dormant for up to 40 years before symptoms appear. Once you have been diagnosed, you should talk to an attorney, as you have a limited period of time where you can pursue your case and recover damages. Fortunately, the clock starts ticking when you are diagnosed not when you are exposed! A mesothelioma case can be settled within five months, depending on the particulars of the case. Some settlements can take longer based on your location or other pertinent details. Most jurisdictions will give high priority to a mesothelioma case, allowing you to recover damages sooner. Even though you might want to take some time to consider filing a case, you should act quickly. If you fail to act within a certain timeframe, your statue will expire and you will not be able to file a claim.
Evidence
To move your case along, it is important to have plenty of evidence and a good attorney. If a jury trial takes place, the jurors will evaluate the evidence presented to them and decide the case. Attorneys for both sides will screen prospective jurors before agreeing upon a jury.
You will need to provide documentation about your time of employment with the company where you were exposed to asbestos (or against a person that negligently placed you in an environment containing asbestos). Proving the company was negligent in their dealings is one of the key tasks of the attorney. They will normally obtain evidence to support the claims showing that negligence was valid.
Provide the attorney with all medical documentation pertaining to your case along with other information showing that you have suffered as a result of your diagnosis. The most common mesothelioma cases will end up obtaining benefits from the Social Security Administration in addition to compensation through Workers Compensation, and benefits from other insurance companies involved with mesothelioma cases.
Fees
An attorney will collect fees once your case is settled. Normally, attorneys receive 40% or less of the total compensation amount awarded. Since many claims are settled for millions of dollars, it is common to see attorneys actively pursue claims and fight hard to win your settlement.
You might also be interested in:
- The Importance of Hiring the Right Lawyer
- What to Consider When Hiring a Lawyer
- Reasons Other Than Just Financial for Insurance Claims
- Money Potholes on the Marriage Road
- Lawsuits Necessary in Making an Insurance Claim?
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| Surviving Mesothelioma and Other Cancers: A Patient’s Guide | Mesothelioma and Me | In His Grace, Grappling with Mesothelioma, The Randy Brady Story | 100 Questions & Answers About Mesothelioma |
Byline
Xavier Mann is a freelance legal blogger based in Jacksonville, Florida. Xavier recommends that curious readers click here to learn more about asbestos litigation.