Mesothelioma

What You Need to Ask Your Mesothelioma Lawyer?

In Pennsylvania, the statute of limitations to file a mesothelioma lawsuit is two years from the date of diagnosis by a licensed physician. While this may sound like ample time, the reality is that the progression of the condition, the number of doctor appointments and treatments one may have to endure, and exhaustion may set in before one is able to take action. Finding a law firm with individuals who focus on asbestos-related cases is the first step in securing representation for such a sensitive case. Knowing what questions to ask to choose the right firm for you will go a long way in putting your mind at ease during the process.

Finding someone familiar with asbestos-related cases will help determine whether you have a case to proceed legally. First, a lawyer will track down how you were exposed to asbestos in the first place. Since asbestos exposure is the only confirmed cause of malignant mesothelioma, this is an important first step in such a complex matter. With asbestos being used in such a variety of construction materials and products from the 1930s to the 1980s, a lawyer can help guide you through an endless list of materials known to cause cancer and pin down those that you can confirm coming into direct contact with, either through employment or other means.

What Will It Cost?

Most lawyers provide free consultations for such cases so as not to burden clients in trying to figure out how they are going to pay for a lawyer to assist them. Moreover, most lawyers look to ease the financial burden further by agreeing to be compensated via contingency fees, meaning they are only paid if you receive a settlement or a court award. Through consultations, such fees are negotiated typically as a percentage of the total amount awarded. The case’s complexity, the number of plaintiffs (if it is a class-action suit), and other factors determine the percentage requested by an attorney.

What Type of Claim Can I File?

There are two main types of mesothelioma lawsuits:

  • Personal injury claim: This is filed by the person diagnosed with mesothelioma.

 

  • Asbestos trust fund: Asbestos trust funds are established to compensate individuals diagnosed with asbestos-related diseases, ensuring victims receive financial support even if the responsible companies have gone bankrupt.

When Do I Have to File a Claim?

Individuals have two years from the date of diagnosis to file a mesothelioma claim. Whether you need help securing an official diagnosis from a physician or someone to work with your physician to verify the diagnosis, a lawyer with experience can help with such details.

Where Do I File a Claim?

Several factors impact where to file a mesothelioma lawsuit, and they vary from state to state. Generally, a lawsuit can be filed in the state where you reside, in the state where the exposure occurred, or in the locale where the products were manufactured.

Why Should I File a Claim?

Filing a mesothelioma claim can help secure financial compensation to cover medical expenses, lost wages, and other costs associated with the illness. Additionally, it holds the responsible parties accountable for the harm caused by asbestos exposure. Compensation can also provide financial stability for your family and loved ones during a difficult time.

What Is the Process the Case Will Follow?

Most cases will follow the same general progression through similar stages. Here is a look at a typical case:

  • Conduct an evaluation. This determines whether you have a case.
  • File a claim. Documentation is prepared to file a lawsuit in the proper jurisdiction.
  • Await a response. A defendant asbestos company has 30 days to respond to the initial filing. The company can either elect to settle or fight the lawsuit.
  • Begin the discovery phase. Attorneys for both parties begin gathering evidence and information related to the case.
  • Reach a settlement or go to trial. Lawyers will attempt to settle out of court, but if this is not possible, the case will go to trial. The length of the trial varies by factors such as the amount of evidence, the number of plaintiffs, and the number of witnesses and experts called to testify.

The Philadelphia Mesothelioma Lawyers at Brookman, Rosenberg, Brown & Sandler Represent Clients Diagnosed with Mesothelioma

Holding companies accountable who ignored the warnings and the potential dangers of using asbestos in products is only one reason to file a lawsuit. Assisting your family in finding resources to assist with medical care will go a long way in providing comfort when it is likely most needed. The Philadelphia mesothelioma lawyers at Brookman, Rosenberg, Brown & Sandler have experience in asbestos-related cases and want to help you find the answers you need. Call us today at 215-569-4000 or fill out our online form for a free consultation. Our Philadelphia office proudly serves clients in New Jersey and Pennsylvania, including Delaware County, Chester County, and Philadelphia County.

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