COMMON QUESTIONS ABOUT MESOTHELIOMA AND ASBESTOS CANCER


As a victim of mesothelioma can I expect compensation?

As a victim of a serious illness or a family member of someone who has been diagnosed, we understand that the burden of medical bills and related expenses should not have to be your top priority. We advocate that our mesothelioma clients concentrate on their physical health, emotional well-being, and families while the firm helps secure financial compensation.

All of our mesothelioma cases are handled on a contingency fee basis meaning that our payment will be a percentage of the recovery we acquire for you. We will cover the up front expenses of researching your lawsuit, pay doctors to write reports and cover all out-of-pocket costs related to your claim. These costs will not be subtracted from your recovery at the time of settlement. If by chance no recovery amount is secured, you will have no direct responsibility for these expenses.

Though some defendants do not settle until the trial stage of the lawsuit, for many clients, we are able to secure a fast settlement from at least a few of the responsible parties that exposed them to asbestos.

During the course of your lawsuit, we can assist you and your family find other means of financial relief. If your exposure to asbestos was connected to your place of employment, we will work with attorneys who will look to workers compensation, the Longshoreman and Harbor Workers. Act, the Jones Act, and Social Security disability to help you recover medical costs and lost income. If your exposure to asbestos was not job-related, we can assist you with getting financial help from Medicaid and Supplemental Security Income.


What are the symptoms of mesothelioma?
Mesothelioma Symptoms and Legal Advice

Symptoms of mesothelioma become more noticeable in the later stages. They will vary depending on the type of mesothelioma:

  • Pleural mesothelioma symptoms include shortness of breath, chronic cough, chest pain, fever, loss of appetite, weight loss, and difficulty sleeping. This is the most common form of mesothelioma.

  • Peritoneal mesothelioma symptoms include abdominal pain and swelling, nausea, loss of appetite, weakness, and weight loss.

  • Pericardial mesothelioma symptoms include chest pain, chronic cough, heart palpitations, and shortness of breath. They usually do not appear until the later and very serious stages.

Contact a physician right away if you are experiencing any of the symptoms listed above.

Diagnosis of the disease is difficult because the symptoms mentioned are similar to those of other conditions. X-rays, MRIs, and CT scans may be performed, but a biopsy is needed for confirmation.


When does a person have an asbestos-related lawsuit? And if so, who should be sued?

As exposure to asbestos is currently the only known cause of mesothelioma, if you have been diagnosed with the disease you are in a position to file an asbestos-related lawsuit.

If you have lung cancer and believe you may have been exposed to asbestos, it is very likely that the asbestos was the cause of your cancer.

Once diagnosed, you and your spouse have a case against the asbestos companies. If you are an heir of someone who has died from an asbestos-related disease, you may bring a suit against the asbestos companies as well.

Your attorney will find out how you were exposed to asbestos and which companies to sue. This may include the manufacturers, distributors, and/or owners of the buildings that contained the asbestos.


If I file a lawsuit for my asbestos-related disease, will I be a part of a class action lawsuit?

Your case would be filed as your own individual claim. However, some of the companies that produced asbestos-containing materials have been given protection by the courts against individual suits. In this situation, your case would be subject to the rules these courts have developed. Our firm would represent you in either type of claim.


What is the cost to me of filing a lawsuit for my asbestos-related injuries?

If our firm decides to take on your case, you will be billed on a contingency fee basis. You will have no "out of pocket" costs. You will only have to repay the expenses our office has incurred if there are sufficient funds in the settlement to do so. If you are awarded nothing, you will pay nothing.


What do I have to do to file a lawsuit for my asbestos-related disease?

All you need to do is get in touch with our law firm. The attorneys at Clapper, Patti, Schweizer & Mason are experts in representing people who have been diagnosed with mesothelioma and other asbestos-related diseases and know how to comply with the special rules that most courts have developed for asbestos-related claims.


Once I file a lawsuit for my asbestos-related disease, what will I have to do myself?

Before offering you a settlement, the companies you are suing will want to find out information about you. Your attorneys will assist you in getting this together.

Usually, you will also be asked to give an oral deposition. Your lawyers will help you prepare for this and be at the deposition to represent and defend you.


How long does it take, once I've filed a lawsuit, to settle or get to a trial court?

In California, if you have been diagnosed with mesothelioma the courts will often times give you an earlier trial date. It may be set as soon for as 4 to 6 months after your case was filed. Your settlement will come sooner if your trial date is sooner.

Depending on the asbestos companies you are suing, they may settle without a trial. However, some companies will not settle until trial has begun or the jery has returned a verdict.


Why should we choose your law firm to represent us?

Because we do not take on a large number of cases, we are able to really focus on those that we do accept. Our firm provides prompt, individual, undivided attention to each of our clients.

Our attorneys will negotiate you a good settlement, but we are also experienced and successful in trial situations as well.

For your convenience, we will travel to you and you will not have to come to California if you live elsewhere. If there is a legal basis for filing your case in California we will do so because the California courts are quicker in delivering results. There is no extra charge if we file your case in a state other than California.