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   perspective of lawyers (Winning and Losing)


 

If you have been diagnosed with mesothelioma, one of the first things you should do is contact an attorney to find out what you need to do about filing a claim. Mesothelioma’s only known cause is asbestos exposure. In most cases, the exposure to asbestos was unknown or the danger that the victim was in was never described.

Of the 8 million people who were exposed to asbestos during the industry’s most active period (the 1940s to the 1970s), about 43,000 had died from mesothelioma by 2003. About 3,000 people dies each year from mesothelioma and just as many are diagnosed.

Mesothelioma has no known cure and few treatments that are really effective. If the disease is caught early enough it can be treated aggressively to improve the chances of survival but it is rare for patients to live more than a few years after diagnosis, five at most.

Because of the low incidence of survival and the fact that negligence is the main cause of the disease, mesothelioma cases are among the most important ones filed. The statute of limitations on filing is narrow, just about two years, and there are many cases where the patient dies before the settlement or conclusion of the case. The situation is unfortunate which is why the lawyers need to be experienced, informed and, most of all, compassionate.

Mesothelioma Lawyers

Choosing a mesothelioma lawyer can be a difficult job. There are many law firms that handle mesothelioma cases along with other types of medical cases. They may handle medical malpractice, workmen’s compensation and other types of law far afield of mesothelioma. You really want to have a lawyer who understands mesothelioma as a disease and from the patient perspective.

Experienced – your lawyer should have plenty of experience in mesothelioma settlements and trials. In most cases, new lawyers will work on a team that includes experienced lawyers. They have to learn about the issues surrounding the cases, the medical side of the case, what aspects to look for in evaluation and the experience of the patient. They need to see you as a victim of negligence rather than a simple medical patient.

Informed – the lawyer should know a great deal about mesothelioma. They should be able to explain a fair amount of how you are exposed, diagnosed and have awareness of the traditional treatment options. They need not be medical professionals or even have a medical background, but they should have sufficient knowledge that enables them to understand the disease’s effects on your body.

Compassionate – the compassion of the lawyer for the patient can be the key to the case. They have to be able to understand the emotional and mental aspects of going through a sudden illness that can end your life faster than you realize it. This disease is just as painful in intangible ways as it is physically. You are aware that your life may end very soon and you may be leaving your family in an incredibly vulnerable position. The lawyer has to understand how important it is to secure your family’s finances and comfort and prosecute the lawsuit on those grounds.

Reasons for Choosing Mesothelioma Law

The lawyers who handle mesothelioma cases have a variety of reasons for choosing this career. Some choose mesothelioma law out of personal experience with a loss from the disease. Some people like the idea of securing the future for the families of the victims. Some people choose it as a sure shot for financial security because the vast majority of cases are successful and bring in large settlements and awards. Here are some personal statements from mesothelioma lawyers:

Marcie O’Brian – I initially looked into asbestos and mesothelioma law as a form of medical malpractice law and quickly began to understand the depth of the negligence that causes people to develop mesothelioma. Initially I was angered by the sheer gall of the asbestos companies that chose not to protect their vulnerable employees just to save a buck.

Then I felt so much compassion for the people who have to suffer this disease and their families who are so helplessly watching their loved ones wither away. I joined a local law firm that specialized in cancer law and entered a team that specialized in mesothelioma law. We rarely saw trials because most of our cases ended on the settlement table. When we did go to trial it was always a success that yielded a grand sum. After a while it was less about the awards and settlement amounts and more about making sure the victims and their families were well compensated, as much as can be when you are essentially paying for the loss of a life.



Mitchell Simms – I was an environmental activist in my young life and wanted to find a career where I could use my activist fervor to the benefit of people who had been stepped on in life. When I learned about mesothelioma and asbestos exposure I was immediately interested in pursuing this type of law. Someone had to pay for the damage done to innocent lives and I wanted to be there when it was done. I work at a law firm that services people who would never be able to pay a lawyer and we only charge if there is an award outside of medical costs.

Being able to help people in need is reward in itself but you have to be able to feed your family. We do not make much money on a lot of our work because it is pro bono, but we do make a decent earning.