Mesothelioma Lawsuits: Frequently Asked Questions
If you or a loved one has been diagnosed with mesothelioma, you may be considering legal help to seek compensation for your injuries. But how should you choose a lawyer, and what can you expect if you do pursue a lawsuit? In these pages we have provided some answers to commonly asked questions we hear from people considering legal help for mesothelioma. If your questions aren’t answered here, please call us at 800-946-9646. One of our attorneys would be happy to speak with you.
I was recently diagnosed with mesothelioma. I think I deserve compensation, but I have to start my medical treatment. Is it okay to delay filing suit?
When a person is diagnosed with mesothelioma, the entire family is suddenly confronted with many important decisions. Making important decisions about your medical treatment is of course first and foremost. If you wish to seek compensation from the companies responsible for your asbestos exposure, we strongly recommend that you speak to an attorney as soon as possible. There are many reasons for this. First, you are possibly the best witness in your case, and the best source of information about your asbestos exposure. It is important to preserve your testimony about your asbestos exposure history while your are able to do so, in case you are unable to later. Also, the sooner you act to protect your legal rights, the sooner you might receive compensation that could help you with your medical bills and other financial needs. In fact, some judges will give mesothelioma plaintiffs an “expedited trial setting” to speed up the process, in recognition of the fact that mesothelioma is a serious and life-threatening illness. Under the laws of some states, if the person bringing the lawsuit passes away before the conclusion of the case, the case might face significant delays. The law also provides a limited amount of time for filing a lawsuit, and your lawyer will usually need some time to investigate your claim before the case can be filed. For all of these reasons, it is a good idea to pursue your case as soon as possible.
How much time do I have to decide whether to bring a lawsuit?
The law provides a limited amount of time to file a lawsuit for mesothelioma or any sort of claim. If you do not bring your case within the time limit–called the “statute of limitations” (in Louisiana, the “prescriptive period”)–you may be barred from ever seeking compensation for your injuries. Determining the amount of time you have to file your case will depend on a number of factors.
I can’t afford to pay an attorney. How can I afford legal help with my limited means?
You will have no out-of-pocket costs when you hire Baron & Budd to represent you. Baron & Budd handles cases on a “contingency fee” basis, meaning that you owe no legal fees or expenses unless and until we achieve compensation for you. If we do not achieve compensation for you, we do not get paid for our legal services. If we do, then we receive our legal fee as a percentage of your total recovery, and are reimbursed court costs and litigation expenses from your portion of the recovery. This way, people without the financial ability to pay an attorney can receive the legal assistance they need, without the worries of how they will be able to afford it.
Several years ago I was diagnosed with asbestosis. I filed a lawsuit back then and received a settlement. Now I have mesothelioma. Can I seek compensation for the cancer?
The laws of several states allow a person with a second asbestos-related injury such as mesothelioma to file a lawsuit for that injury, even if you previously had a lawsuit for another asbestos-related disease. Baron & Budd is proud to have helped protect the rights of asbestos victims with second injuries by convincing courts in Texas, Iowa, and Florida to recognize a second claim for asbestos cancer. Several other states also recognize this right. Contact an attorney as soon as possible after your mesothelioma diagnosis, because you do have a limited amount of time to pursue a case once you’ve been diagnosed with mesothelioma.
I have mesothelioma, but I’m not sure how I was exposed to asbestos. What can I do?
Some people with mesothelioma are surprised when their doctors suggest that the cancer was caused by asbestos. Some mesothelioma patients do not immediately realize that they have been exposed to asbestos in the past. Asbestos was once commonly used in a wide variety of products. In fact, asbestos is still not banned in the United States even today. The attorneys and staff at Baron & Budd can help you review your history and investigate how you may have been exposed to asbestos.
What is expected of me if I decide to pursue a case?
Many people are understandably apprehensive about what might be expected of them if they bring a lawsuit. At Baron & Budd, we know that your health needs come first, and we try to make the legal process as easy as possible for you. For example, we will travel to your home to meet with you, rather than you having to travel to our offices for meetings. We will work around your doctors’ appointments and treatment schedule. Much of the paperwork can be handled by mail.
If a case is filed, you might be asked to give your deposition, to preserve your testimony in case you are unable to testify if your case goes to trial. Your deposition can usually take place in your home or at another location convenient for you.
How long will it take to resolve my case?
Each case is unique, and the amount of time it takes to complete will depend on a number of factors. Some judges may grant you an “expedited trial setting,” giving your case priority on the court’s docket so that it can conclude more quickly. Such cases may conclude in less than a year of filing. Cases that do not receive an expedited trial setting may take two or more years to resolve.
Can I settle my case out of court, or will I have to go to trial?
Most mesothelioma cases settle out of court. Some asbestos defendants may even settle relatively early in your case. Others might not settle until the eve of trial. In some instances, it might be necessary to go to trial in order to seek the compensation you deserve.
What kind of compensation can I expect from a lawsuit?
Because every case is unique, no attorney can “promise” you how much compensation you will receive, or even guarantee that you will receive compensation. After Baron & Budd attorneys and staff have fully investigated your claim, our attorneys will advise you as to what we hope to be able to achieve for you in your case.
Baron & Budd is proud of our long and successful track record in achieving compensation for people with mesothelioma from the companies responsible for their exposure to asbestos. Visit our case results page for examples of compensation we have been able to achieve for some of our clients.
What if the companies responsible for my asbestos exposure are bankrupt?
Several companies that once made asbestos-containing products have filed for bankruptcy protection. In such cases, the bankruptcy judge may establish a trust fund with the company’s assets to compensate asbestos victims who were exposed to the company’s products. The amount of compensation you might receive through a bankruptcy trust fund is usually less than what you might have recovered had the company not filed for bankruptcy. Also, once a company has filed for bankruptcy, you can no longer sue it. Your Baron & Budd team will evaluate your case and file claims on your behalf for compensation through bankruptcy trust funds if you are eligible for such compensation.
If I pass away before my case is resolved, will my family receive the compensation owed me?
In most states, if a person dies before their lawsuit has concluded, their loved ones can continue to pursue the lawsuit. A person’s Last Will and Testament can set forth who is to receive any compensation that may have been due them. Depending on applicable law, certain family members might also have the right to seek compensation for their own personal loss.
My husband recently died of mesothelioma. Now that he is gone, is it too late for me to seek legal help?
Most states allow the spouse and family members of a person who has passed away from mesothelioma to bring a case for the wrongful death of their loved one. There is a limit to the amount of time you have to file a suit, and in some states a probate court must first officially name the personal representative of the estate of the deceased person. It is therefore important to take action as soon as you can to make sure your legal rights are protected.
Why should I hire Baron & Budd?
When choosing an attorney to represent you, you should feel good about the law firm’s experience, track record, and reputation in the legal community. As one of the oldest and largest law firms of its kind in the country, Baron & Budd is a nationally-recognized leader in asbestos litigation. In fact, the law firm has been named repeatedly to The National Law Journal’s “Hot List” of U.S. plaintiffs’ firms. Our track record of case results for our clients spans three decades, and our law firm has represented thousands of people suffering from asbestos-related cancer.
Choosing an attorney to represent you is also a very personal decision. You should feel comfortable with the attorneys and staff you interact with and be satisfied with answers to your questions. At Baron & Budd, a team of caring, committed attorneys and staff will work for you on your case. They are professionals with the heart for the fight, with what The National Law Journal once described as the qualities at the heart of Baron & Budd: passion, optimism, and commitment to clients.
