COMMON QUESTIONS ABOUT MESOTHELIOMA
AND ASBESTOS CANCER
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As a victim of Mesothelioma can I expect compensation?
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In addition to coping with a serious illness, Mesothelioma victims and their families must deal with the financial reality of medical bills and other expenses. We encourage our Mesothelioma clients to concentrate on their health and their families while we assist them in obtaining financial compensation.
We handle all Mesothelioma cases on a contingency fee basis. This means that our fee will be a percentage of the recovery we obtain for you. We will cover the up front costs of investigating your case. We will pay doctors to write reports and cover all out-of-pocket costs related to your case. Those costs will be taken from your recovery at the time of settlement. In the unlikely event of no recovery, you will have no direct liability for these costs.
For many clients, we are able to obtain quick settlements from at least some of the companies that exposed them to asbestos. Other defendants do not settle until the case is at the trial stage.
While your legal case is in process, we can help you and your family investigate other sources of financial assistance. If your exposure to asbestos exposure was job-related, we will work with lawyers who can help you recover medical expenses and lost wages from sources such as workers compensation, the Longshoreman and Harbor Workers Act, the Jones Act, and Social Security disability. If your exposure to asbestos was not job-related, we can assist you with obtaining assistance from Medicaid and Supplemental Security Income.
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What are the symptoms of Mesothelioma?
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Mesothelioma Symptoms and Legal Advice
Many patients do not experience symptoms of malignant Mesothelioma in its early stages. But as the cancer spreads, certain symptoms will become more noticeable:
* Symptoms of pleural Mesothelioma, the most common form of Mesothelioma cancer, are usually shortness of breath, chronic cough, chest pain, fever, loss of appetite, weight loss, and difficulty sleeping.
* Symptoms of peritoneal Mesothelioma (abdominal Mesothelioma cancer) may include abdominal pain and swelling, nausea, loss of appetite, weakness, and weight loss.
* Symptoms of pericardial Mesothelioma typically do not appear until the cancer has progressed to more serious stages, and may include chest pain, chronic cough, heart palpitations, and shortness of breath.
If you are experiencing the above symptoms, it is imperative that you contact a doctor as soon as possible.
Diagnosis of the disease is usually made by a pathological review of tissue taken from the tumor. A series of immunohistochemical stains is used by a pathologist to distinguish between Mesothelioma and other types of malignant cancer.
The only known cause of Mesothelioma is exposure to asbestos. If you have been diagnosed with any form of the disease, you should call our Mesothelioma attorneys for legal advice. We will fly to your home within a few days. We will immediately begin working on your behalf to obtain compensation for you and your family.
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When does a person have an asbestos-related lawsuit? And if so, who should be sued?
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If diagnosed with Mesothelioma, a person does have an asbestos-related lawsuit. Asbestos is the only known cause of Mesothelioma. If diagnosed with Mesothelioma, the disease was caused by exposure to asbestos.
If diagnosed with lung cancer and the person worked around asbestos, the lung cancer was probably caused by exposure to asbestos.
Both the person who has been diagnosed with disease and his or her spouse has a case against the asbestos companies. If the person with an asbestos disease has died, then his or her heirs have a case against the asbestos companies.
It is your lawyer's job to find out how you were exposed to asbestos and which companies to sue. The companies that manufactured and distributed the asbestos products will be sued. The owners of buildings that contained asbestos may also be sued. Railroads and/or shipowners may also be sued in some cases.
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If I file a lawsuit for my asbestos-related disease, will I be a part of a class action lawsuit?
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Your case would be filed as your own individual claim. Some of the companies that produced asbestos-containing products have been granted protection by the courts against individual suits, and your claims against those companies would be subject to the rules these courts have developed. Our office would represent you in both types of claims.
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What is the cost to me of filing a lawsuit for my asbestos-related injuries?
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If our office accepts your case, we represent you on a contingency fee basis. You would have no "out of pocket" expenses. The costs our office incurs would be repaid only if there are sufficient settlements to cover these costs. If there is no settlement, you pay nothing.
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What do I have to do to file a lawsuit for my asbestos-related disease?
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At Clapper, Patti, Schweizer & Mason, we specialize in representing people who have developed asbestos related diseases including Mesothelioma. We are knowledgeable in how to comply with the special rules and procedures that most courts have developed for asbestos lawsuits. All you need to do is contact our law firm.
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Once I file a lawsuit for my asbestos-related disease, what will I have to do myself?
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In order to evaluate your claim, the companies that you sue will want to develop information about you before they offer money to settle. Your lawyers will help you provide the necessary information to the companies.
In most cases, you will also be required to give an oral deposition. Your lawyers will assist you in preparing for the deposition and will be at the deposition to defend you.
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How long does it take, once I've filed a lawsuit, to settle or get to a trial court?
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The time varies. In California, if you have been diagnosed with mesothelioma the Courts will usually grant a motion to advance your case for an early trial date. The trial may be set as soon as 4 to 6 months after your lawsuit was filed. The earlier the trial date, the sooner the companies will pay money to settle.
Depending upon which companies manufactured the asbestos-containing products that caused your disease, they may all settle without a trial. Some companies often do not offer reasonable settlements until trial has begun, others frequently wait until a jury has returned a verdict before they are willing to settle.
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Why should we choose your law firm to represent us?
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Our firm does not accept a large number of cases. This allows us to concentrate on the cases that we do accept. We pride ourselves in giving prompt, individual, undivided attention to each of our clients. We answer your questions. We return phone calls promptly.
We keep you informed about your case. Our lawyers are good at negotiating good settlements and we are good at going to trial when it is necessary. We travel to where you live. You do not have to travel to California. If there is a legal basis for filing your case in California, you can get money faster in California courts than in most other states.
If we can, we will file your case in California. If there is no legal basis for filing your case in California, we will determine which state will give your case the best recovery. The laws differ from state-to-state. Some states are not known for awarding reasonable settlements or jury verdicts to plaintiffs. There is no extra charge or cost to you if we file your case in a state other than California.
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