Selecting a Mesothelioma Attorney

These pages provide consumer tips for how to deal with the financial aspects of selecting a mesothelioma attorney. They do not provide any information regarding the medical aspects of this serious disease.

Since so much is at stake, selecting the right mesothelioma lawyer is very important. According the Wall Street Journal, lawyers say a typical mesothelioma award in a mesothelioma settlement is $1 million, and attorneys get 40% of this amount. If the case actually goes to trial, the average award was $6 million in 2001, which was triple the amount awarded just two years earlier.

So, mesothelioma attorneys are very eager to find mesothelioma patients. And it's vital that patients select the mesothelioma attorneys that are best for them.
A Brief Background on Your Legal Rights Regarding Mesothelioma

Companies that manufacture products that contain asbestos have known for over 60 years that asbestos can cause serious diseases.

Unfortunately, because many of these companies wanted to increase their profits, they kept this information quiet, thereby seriously endangering their workers.

There are now laws that help protect the workers who have been harmed by their exposure to these asbestos-related products.

However, since representing mesothelioma can be so profitable to attorneys, it is important that people who have mesothelioma be especially careful selecting attorneys who are really qualified to represent them. Therefore, we have created a list of...
Important Questions to Ask When Selecting a Mesothelioma Attorney

Question #1 to Ask When Selecting a Mesothelioma Attorney:

What is your personal experience in representing mesothelioma patients? Your goal is to find out how many cases the attorney has actually handled.

You also want to know: how many of these were settled, and how many of these went to trial? What were the results of each case?

You should ask the same questions about his or her law firm. You're goal is to find out about the firm -- is this an area the firm specializes in?

Question #2 to Ask When Selecting a Mesothelioma Attorney:

Next, you want to ask if the lawyer intends to actually handle your case him or herself. Many attorneys simply refer these cases to another law firm and receive part of the fee in exchange. This may not be in your best interest.
(source:scambusters.org/mesothelioma-attorney.html)

Five Tips to the Legal Process for Mesothelioma Patients

Deciding to pursue legal recourse and selecting an attorney to represent you in a mesothelioma or asbestos lawsuit are important decisions that should be made carefully. Below are five tips to consider:
1) You Were Probably Exposed to Asbestos

Some mesothelioma patients know they worked around asbestos, but many do not know how they were exposed. In fact, many are not sure if they were ever near this carcinogen. Unfortunately, there have been thousands of products that contain asbestos - cigarette filters, hair dryers, brakes, basement and roof materials, pipes, boilers, insulation, and many other products found throughout the home and at work. Mesothelioma patients are often not aware that the products around them contained this carcinogen. Also, the latency period (the time from asbestos exposure to mesothelioma diagnosis) can be over 30 years. If you were diagnosed with mesothelioma it is more than likely that you were exposed to asbestos multiple times in your life and that this happened decades before your diagnosis. A skilled lawyer can help you identify the various ways you were exposed.

2) Don't Wait to Discover Your Legal Options

When you have been given the news about this terrible disease, you may not feel that you have the time to deal with the legal questions - should I file a claim? should I talk to a lawyer? However, you should not wait too long to learn about your legal rights for at least three reasons:

1. Statutes of Limitations - There are statute of limitations which means you only have a limited time to file your case after diagnosis. The statute of limitations time period is set by individual states and varies. If you wait past this time period you cannot file. The clock usually starts ticking on the day of diagnosis.

2. Financial Pressure - A diagnosis can bring financial stress, less income, more expenses, and treatments that are not covered by insurance. Knowing that money may be on the way from filing a claim can bring great financial relief, make more treatment options available, and remove at least one stress.

3. Lawyers can be Excellent Resources - The more experienced mesothelioma lawyers and law firms can often be excellent sources of information about various doctors and treatment options available for this disease.

3) Don't Pick an Attorney Based Solely on TV Ads

Many asbestos lawyers advertise on television, however, you should not use a TV commercial as the sole reason to hire an attorney. Actual credentials are what counts. For example, what type of accomplishments has the law firm achieved? How committed are they to cancer cases? How many other cases like yours have they handled?

4) Make Sure You Understand Fees

Contingency is the term that means that the lawyer gets paid only after they collect money for you. Nearly all asbestos related lawsuits are handled on a contingency basis. The amount of the contingency fee that your lawyer can charge varies by state. It is usually between 33% and 40% of the amount that is awarded to you after expenses are deducted. It is important to discuss fees openly, ask what services they cover, how they are calculated, and whether there will be any extra charges.

5) Find a Trusted Partner Who Cares

For something as important as a mesothelioma lawsuit, your attorney should not only be experienced, skilled, and dedicated, but also a trusted partner who understands the pressures and stress you are experiencing. The lawyer should know that your health needs are the most critical and that the medical aspects of this disease always take precedence over the legal aspects. The best lawyers are those that are not only expert at what they do, but are also caring, supportive, thoughtful and compassionate.
(source:survivingmesothelioma.com/choosing-lawyer.cfm)

Mesothelioma Lawyers - Recovering Compensation For 28 Years

With dedicated attorneys and staff, lawyers have worked hard to ensure that clients receive high quality representation. The following are profiles of some well known mesothelioma lawyers that were instrumental in shaping mesothelioma litigation.


Fred Baron
Fred Baron, represented his first toxic tort client in the early 1970s. Then, he has built one of the largest toxic tort firms in the United States. Widely recognized as a trailblazer in the area of toxic tort law, one reporter noted,"[i]f the field of toxic torts were the frontier of the American West, Baron would have been driving the first wagon onto the plains." G. Taylor, "Outspoken Texan, Baron Establishes Toxic Tort Domain," Legal Times, Vol. VI, No. 25, at p. 10 (Nov. 21, 1983).

As a result of his work to protect the rights of victims of toxic substances, The National Law Journal has listed Fred as one of the "100 Most Influential Lawyers in the U.S." (The National Law Journal, June 8, 2000). He has been honored as a lawyer who helped shape Texas law during the 20th century in "Legal Legends: A Century of Texas Law and Lawyering" (Texas Lawyer commemorative publication, June 2000) and has been named one of Dallas' top lawyers by D Magazine (May 2001 and May 2005). The University of Texas School of Law has honored him by establishing the Frederick M. Baron Chair in Law, which is held by a senior professor of the law school engaged in original research on lawyering and the civil justice system.

A life-long advocate of the environment, the consumer, and working people, Fred Baron has served as lead attorney in complex tort cases involving MTBE and TCE water contamination, radiation contamination, community lead contamination, toxic waste, and pesticide exposure.

Fred Baron has also been credited for his efforts in defeating class action settlements whereby defendant corporations attempted to settle mass tort claims for a fraction of what individuals would otherwise be entitled to recover through the legal system. Fred has twice led successful battles to convince the United States Supreme Court to de-certify nationwide class action settlements involving the "future claims" of asbestos-related injuries, or claims that might someday be brought by people who develop asbestos-related illnesses in the future. As a result of the United States Supreme Court's opinions in Amchem Products v. Windsor, 521 U.S. 591 (1997) and Ortiz v. Fibreboard Corp., 527 U.S. 815, 119 S.Ct. 2295, 144 L.Ed.2d 715 (1999), future victims of toxic injuries can no longer have their rights compromised by class action settlements in which they have no voice.

(source:mesotheliomaattorney.com/lawyer.htm)