 Mesothelioma commercials are something that many poke fun at when it comes to late night attorney pitches. What is accepted as humor by some is incredibly serious for families who suffer with the effects of this disease.
A type of lung cancer, mesothelioma is almost always the direct result of exposure to asbestos. The reason there are so many attorneys interested in representing clients who suffer from this cancer type has to do with the fact that asbestos manufacturers knew about the role of asbestos in cancer, but did not tell employees. The individuals most at risk were those who worked with the asbestos directly. In many ways it is viewed as a business looking at profits as more important than their workers. Lawyers see this as following an easy case to win.
So while some may laugh at what they don’t know there are those actively seeking help in managing medical as well as pain and suffering damages related to mesothelioma. It may not be helpful to call an 800 number simply because a commercial indicated the lawyer really cares and wants to help you.
What follows are ten questions you should get answers to when considering an attorney to represent you in a mesothelioma case.
1. What is the main focus of the law firm?
The reason this question is important is mesothelioma cases may actually be a relatively new direction for the firm. It is even possible they have yet to represent anyone with this cancer type.
2. How many cases has the attorney assigned to your case actually tried?
It could be someone who has never stood before the court in a trial setting is handling your case. Sure they will likely have access to others who may have experience, but you may not like the feeling of being a guinea pig.
3. What is the law firm’s record in relation to settling cases instead of going to trial?
This might be important to you based on your own personality. For instance if the firm has been very successful in settling out of court and you have always been intimidated by a courtroom and judge then their approach might be positive. However, it might also mean receiving less compensation than you may be due.
4. How successful has the firm been in cases that actually went to trial?
A law firm might be very good at settling cases, but not very good in managing a trial. If your case does go before the judge you need to know how effective the law firm has been in a trial setting.
5. Is the consulting lawyer the same attorney you will have representing you?
Mortgage companies are good at this. They lock you in to a mortgage and then sell your loan to someone else. It may not be what you wanted, but it is what happens. In this case you need to know if the attorney you visited with first will be the same attorney representing you throughout the trial. Knowing this can have a profound impact on your decision. They might have you visit with their most experienced attorney and then pass you to someone with very little experience.
6. How will the attorney be paid?
In many cases the firm will represent you on a contingency basis. This means they will collect no fees unless you settle or win your case. In other words, if you lose the case you have no out of pocket legal expenses related to the firm. If this is not the case you will pay for all expenses related to your representation even if it is never settled.
7. Do you know anyone that has been represented by the firm?
If your loved one worked with asbestos in the career there may be co-workers from their past that may have also gone through a trial or settled a mesothelioma case. Consult other mesothelioma patients to see what law firm they might recommend.
8. Does the law firm have client referrals?
This is similar to # 7 in that you are seeking to find actual clients who can provide testimonials as to their experience.
9. Can they explain the process?
Ask the attorney for a play-by-play of the process. This can help you determine a confidence (or lack thereof) in the attorney.
10. Is there a second opinion?
When it comes to medical advice we often ask for a second opinion. The same should be true with attorneys. Make time to visit with more than one law firm. This process can help you separate the weak from the strong.
You deserve help. Ask hard questions and don’t accept easy answers.
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