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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.
Choosing a Mesothelioma Attorney
Filing a mesothelioma lawsuit is a long and dwindling process. Selection of a mesothelioma attorney whom you trust and have a good rapport with is very important.
If you are thinking about filing a mesothelioma lawsuit, you must meet with a variety of lawyers before making your final decision. Choosing from a long list of mesothelioma lawyers can be a daunting task, so here is a guide to help you through the process:
**Start the Search**
Look for a qualified mesothelioma attorney in the following places:
Bar Associations
Martindale-Hubbell Law Directory (found in most public libraries)
Yellow Pages
Internet (many firms have their own sites)
**Narrow Down the Field**
Once you have found the names of some mesothelioma attorneys in your area, begin by contacting each firm by telephone for further information.
Describe your legal issue to each attorney and inquire as to whether he/she can handle your situation. Don’t forget to ask whether there is a fee for an initial consultation, and the approximate cost to handle a mesothelioma lawsuit.
It is advisable to schedule appointments with two or three different attorneys before making your final selection.
**Meet the Prospective Attorneys**
The initial consultation is an opportunity for you and the lawyer to get to know each other. After listening to your case, the lawyer should be able to outline your rights and offer you alternative courses of action.
The initial consultation is the mesothelioma attorney's opportunity to explain what he or she can do for you and how much it will cost. You should not hesitate to ask about the attorney's experience in handling previous mesothelioma lawsuits.
Feel free to ask about the lawyer's fees and the likely results. If you are considering going beyond the initial consultation and hiring the lawyer, request a written fee agreement before proceeding.
It is also important to ask each attorney for a list of references that you may contact.
**Making Your Decision**
After each initial consultation, ask yourself the following questions about the mesothelioma attorney you just met:
Did the attorney listen to me?
Was the attorney knowledgeable about asbestos law?
Did the attorney give me a firm understanding of my alternative courses of action?
Do I understand the range of possible results associated with each course of action?
Did the attorney seem trustworthy?
If need be, take notes after each consultation, indicating your initial reaction to the mesothelioma attorney you have just met.
by: Rick Hendershot and Maggie Kay