If you have been recently diagnosed with mesothelioma, and it is due to some exposure to asbestos, you may be looking for some legal advice.
Statute of Limitations
First of all, there are a few things to be aware of, such as the statute of limitations on filing a lawsuit as a victim of asbestos cancer, or mesothelioma. Each state has its own laws and deadlines regarding when you can file a lawsuit, and most depend on years from diagnosis.
For example, in the state of Pennsylvania, you must file a lawsuit within 2 years after your diagnosis with mesothelioma. However, the state of North Dakota will give you 6 years after initial diagnosis to file a lawsuit.
In addition, there is a limitation on wrongful death claims for each state as well; both Pennsylvania and North Dakota require family members to file a wrongful death claim within two years after a loved one has passed.
Financial Pressures
A diagnosis of mesothelioma can cause a lot of undue stress, and financial stress is no different. Filing a lawsuit, and knowing that money could be on the way to help reduce some of that financial stress, as many of your treatments may not be covered by insurance and can be very costly, can be a great relief.
Lawyers – Excellent Resources
A lawyer can make an excellent resource in helping you make the right decisions along your journey to filing a lawsuit. However, choosing a lawyer can be similar to choosing your oncologist – you need someone you trust.
You may see advertisements on television regarding asbestos related mesothelioma lawsuits. However, this is not a good way to choose your attorney. When you chose your oncologist, you didn’t pick them from a TV commercial, but rather on recommendations and based upon their credentials. You should make the same considerations when choosing an attorney.
It is important to discover how experienced the attorney is with asbestos-related mesothelioma lawsuits – how many cases similar to yours have they dealt with? How committed they are to asbestos related mesothelioma cases? For example, you may want to ask what percentage of their practice is devoted to asbestos/mesothelioma.
Attorney fees are another important issue to discuss openly with your lawyer and to understand. You are already under financial stress as it is with your medical costs, and you may not fully understand the language some lawyers will use, which is, again, why it is so important you find an attorney you can trust.
However, in the meantime, learning a few key terms may help you. If you hear the word ‘contingency’ this means that a lawyer will only get money if he/she gets money for you. On average, contingency fees are usually between 30-40% of the amount you are rewarded. In addition, you need to ask what additional fees, if any, there will be, how fees are calculated, and what services your lawyer covers.
Along with being a skilled, experienced, and dedicated professional, your lawyer should understand your medical needs come first, and be kind, caring, supportive and passionate – someone you can talk to about any concerns you have.
Legal Resources
If you don’t know where to begin to look for legal advice, or an attorney, here are some great resources to get you started. As was mentioned above, it is best to avoid television advertisements, and to find someone personal you can trust. If it helps, take along a friend or family member to help you make your decision and ask any questions you may have forgotten.
Local Resources
A good place to start is your doctor’s office waiting room. It may be something you overlook every visit, but the next time you’re in for a check-up, or you may want to make a special trip, take a look at some of literature, i.e. pamphlets, magazines, and information booklets sitting around. These can be great resources for of information with local lawyers’ names, and phone number that you can contact to set up an interview.
In addition, it may be a good idea to ask your physician, or his/her staff if they have any information regarding local lawyers who deal with asbestos/mesothelioma cases. If your provider specializes in mesothelioma, it is very likely that lawyers who focus on asbestos-related mesothelioma are aware of this, and have dropped off their business card and some useful information.
Moreover, treatment center where you may go for chemotherapy and radiation therapy are other good sources for legal information. They may have the same types of pamphlets and brochures that you can find at your physician’s office. And again, lawyers specializing in asbestos/mesothelioma law will more than likely have dropped off their contact information and business cards.
Online Resources
There are many great websites that can point you in the direction of finding a lawyer in your area to handle your case.
Mesothelioma & Asbestos Awareness Center is a great resource for finding information on mesothelioma law, lawsuits, and legal advice. You can access their website by clicking on the link: http://www.maacenter.org/mesothelioma/law.php
Another great website where you can find information about mesothelioma law and find a lawyer in your area is Asbestos.com – Brought to you by the Mesothelioma Center. For more information click on the link: http://www.asbestos.com/mesothelioma-lawyer/
Conclusion
Being diagnosed with such a rare cancer like mesothelioma, you may feel alone. However, the opposite is very true. There is a world of support out there for you; your friends and family, your oncologist and the team of experts and specialists he/she chooses to work on your case – all these individuals care about you and your treatment.
Much of this information can be overwhelming, but take the time to review it, and with careful consideration, you may be on your way to adding one more person to the list of people who care, a trusting lawyer who will be working diligently to get you the money you deserve as a victim of this horrible disease.
