What Do You Need to Know Before Finding a Mesothelioma Attorney?

The attorney you choose should have experience in Mesothelioma cases and actually specialize in them. You would also want the attorney to have enough staff to handle the legal process. You want a lawyer that will explain the process to you step by step.

What is the Full Process?

Fees

The attorney should detail all fees up front. They should explain whether your case should be handled as an individual case or as part of a class action. The attorney should explain if they work on a contingency fee and how much that percentage is.

Diagnosis

The doctor will ask you where and when you were exposed to asbestoses. The answer to this question is also critical to the Mesothelioma attorneys for investigating the claim. The doctor’s diagnosis and treatment plan is key in determining compensation sufficient to cover the cost of that treatment.

Investigation

The law firm will need to have specialized investigators research the potential sources of the asbestos exposure. The investigators will research the exposure sites and products, the manufacturers, the distributors and sellers of the asbestoses materials and products responsible for the exposure to asbestos.

Filing of the Lawsuit

The attorney will then be in a position to file a suit and a claim for damages against the parties responsible for the client’s exposure to asbestoses.

 
Client’s Deposition

Soon after the filing of the lawsuit the attorney will ask to provide testimony concerning the merits of the case, including the patient's medical condition and circumstances of exposure.

Trial / Settlement?

The case will either go to trial or a settlement will be reached.

Appeals

Should either the client or the defendant not accept the judgment they have the right to appeal. The law firm the patient chooses should include the appeals process as part of the agreement.

Your discussions with your lawyer about fees and costs might cover the following topics:

• Type of Fee Arrangement: How will the lawyer bill?
  Will the lawyer bill on an hourly basis, is it a contingency fee arrangement, or will you pay a retainer fee?

• Type of Permissible Costs: Which costs are properly passed on to you?
  Will you have to pay for copying costs? How much per page?
  Will you be responsible for electronic research charges?
  Make sure you and the lawyer agree which costs you will pay and at what rate you will pay them.

• Estimated Fees and Costs: What will the case cost?
  The lawyer may not be able to determine the exact amount of time and effort required to handle your case, but should be in a position to give you an estimate of both fees and costs based upon past experience.

• Frequency and Detail: You should find out how often you will be billed and whether interest or other charges will be added to unpaid amounts. The lawyer's bills should include details of the services provided along with an itemization of costs. If the lawyer is working on a contingency arrangement, find out how often you will be billed for costs and when you will receive payment if the case is resolved favorably.

• Basic Charges: If the lawyer charges by the hour, you should find out the minimum billing segment. Is it one-quarter or one-tenth of an hour or some other figure? For example, a lawyer may bill you for a tenth of an hour (six minutes) for a simple three minute telephone call. You should also find out whether you will be billed for work by others -- associates, legal assistants, or paralegals.

• Control: How much control will you have over fees and expenses?
  Do you want to be notified after fees and expenses reach a certain amount?
  Do you want to be notified before the lawyer incurs an expense over a certain amount?

You might want to take notes during your discussions so you can know what terms you and the lawyer agreed upon. Based on your discussions, you should have the fee arrangement put in writing. The lawyer may have a pre-printed fee agreement for you to sign. If the agreement does not include the terms you discussed with the lawyer, ask the lawyer to change the language. The agreement should state clearly what you and the lawyer agreed upon.

Why you need medical experts in a mesothelioma case

Medical experts play many different roles in an asbestos lawsuit. Some may never take the stand at all, and only serve as a consultant to your lawyers. Others help establish the link between your condition and the asbestos to which you were exposed, and still others may testify during the trial as expert witnesses about prognosis or about the cause of your disease. Among the functions that medical experts may serve in an asbestos lawsuit are the following:

• An attorney may ask a medical expert to evaluate a mesothelioma case and determine whether the claim has any legal merit. A medical consultant can also help evaluate how much damage and injury there is from the asbestos for use in negotiating a settlement for the plaintiff.

• A medical expert may be asked to examine you or your medical records and prepare a report of his findings to be presented in pre-trial proceedings or in settlement negotiations.

• Testimony by a medical expert is often presented at trial to provide proof of a critical element in your case. This may be evidence of the type of asbestos found in your lungs, or of the type of asbestos that typically causes your symptoms. It may involve explaining to a jury how asbestos will affect your life or discuss other aspects of your medical history that may be important in determining liability in your asbestos lawsuit.

• Occasionally, an attorney may use a medical expert to identify and recruit other medical experts to testify at trial. This may happen in a case where the original expert is unavailable to testify because of a conflict of schedule or interest, or because another witness may have credentials that are more relevant to your case.

Qualifications for being a medical expert in a mesothelioma case

While the courts don't have specific requirements for what constitutes an "expert," there are certain considerations to take into account. The experts that you choose should be able to explain the medical facts of your case clearly and convincingly to a jury of non-experts. Besides the ability to interpret and explain things clearly, they must have the education and credentials to show a judge and jury that they're qualified to make the findings that they have made, and their credentials and motives must stand up to scrutiny by opposing counsel. Your lawyer will look for medical experts with the following qualities to help establish your case for compensation in a mesothelioma lawsuit:

• Education Doctors and researchers from well-known, prestigious schools make a better impression on the judge and jurors.

• Experience The more experience a doctor has in diagnosing and treating patients with asbestos-related conditions, the better the impression he'll make on the people who will be deciding your case. This is one of the main reasons that your own family physician may not be your most effective expert witness at trial. Most general physicians, and even oncologists, are not truly experts at treating mesothelioma, asbestosis or pleural plaques.

• Expertise within the field Even within the field, there are those that are regarded as having a specialty or expertise. For instance, your lawyer may want to put on the stand a radiologist who is an acknowledged expert in identifying different forms of asbestos, or an oncologist who is doing research on new treatments for mesothelioma and can demonstrate a high level of knowledge of its symptoms and origin.

• Presentation Even the most knowledgeable doctors don't always come across well to the jury at trial. You'll want to choose experts who are comfortable with the trial process, and who know how to present information in a way that is easy to understand and believe by the average person. An experienced mesothelioma attorney will have worked with many medical experts, and will know which ones come across well to juries.

• Practice, publication and teaching Generally, an expert witness who has lectured, taught or published medical papers about mesothelioma, asbestos and related subjects has more credibility. As in any other field, when one is teaching others it can be assumed that they know more about the subject.

• Objectivity An appearance of neutrality or objectivity adds to the credibility of an expert witness. If an expert witness often appears in lawsuits testifying for either plaintiffs or defendants, their credibility can be damaged with the appearance of being a paid spokesperson for one side or the other.

The best resource in finding expert witnesses to testify on your behalf in an asbestos-related lawsuit is an attorney who has experience in asbestos litigation. A law firm that works extensively with asbestos-related cases has developed relationships and contacts within the medical community dealing with mesothelioma, lung cancer, asbestosis and other pleural and epithelial conditions related to asbestos, and understands what qualities make an effective expert witness. Trust your lawyer's judgment when it comes to finding expert testimony to support your case. It is their job to know who juries will believe.

An experienced asbestos-litigation attorney is in the best position to evaluate and work with medical experts who will be strong advocates in your mesothelioma case.