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Type in the word “mesothelioma” on an
Internet search engine and you’ll be overwhelmed with advertisements
from law firms—a few are legitimate lawyers with asbestos litigation
experience, but many are not. Some of the top-ranked mesothelioma
web sites pose as “help” or “medical assistance” resources when they
are in fact fronts that refer your mesothelioma case out to another
law firm for a fee.
If you’ve been contacted by a law
firm, or if you’re considering filling out a form on a mesothelioma
web site, here’s a list of questions that can help you screen the
legitimate, experienced firms from those who are simply flipping
your case in order to collect a referral fee. Below, when we write
“your firm” we are assuming that you, the reader, are interviewing a
law firm.
| 1. |
How long has your firm
represented mesothelioma clients? |
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Many firms are new to
asbestos litigation, and they have little or no experience
with representing mesothelioma clients. Meso cases are among
the most complex legal cases that exist, and your case
should be handled by an expert. |
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| 2. |
How many mesothelioma
clients has your firm represented? |
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Make sure that the firm you
hire has worked with more than a handful of mesothelioma
cases. The top firms have represented hundreds of
mesothelioma victims. |
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| 3. |
What percent of your
firm’s case load is mesothelioma cases? |
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Some firms do mesothelioma
litigation as a small part of their practice. You will get
the best results with firms who only handle mesothelioma.
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| 4. |
What are your firm’s
historical settlement values against specific defendants in
similar cases? |
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The best predictor of future
behavior is past performance. Ask for numbers and for
historical averages in mesothelioma cases. This will be the
best predictor of what you can expect from a firm. Ask for
the overall historical average, and then break it down for
averages for specific defendants (product manufacturers,
suppliers and/or premise owners). Bankruptcy settlements are
fairly uniform among all law firms, although certain
bankruptcy trusts allow for individual review. |
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| 5. |
How long does it
typically take your firm to get a mesothelioma case set for
trial and resolved? |
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Many firms will take so long
to get a case set for trial that the patient may be severely
compromised or even deceased before the trial ever takes
place. This is not a reflection on the quality of your
lawyer, necessarily, as in some jurisdictions the courts are
not set up to “fast track” meso cases, as they are in
California. Insist on working with a firm that will expedite
your case and get it set for trial in months, not years.
Also, in many states, the wrongful death statutes penalize a
personal injury victim when he dies by limiting the damages
available to the decedent’s estate and heirs. Speed
matters. |
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| 6. |
What are your historical
settlement values for similar case? |
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Ask the firm what its
settlement values are for a
case like yours. If they’re unwilling to give you a ballpark
estimate, keep looking. Make sure the firm details for you
what the burden of proof is. There are no guarantees, but
the firm should talk openly and in plain language about its
historical settlement values. |
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| 7. |
Will a lawyer from your
firm prepare me for my deposition? |
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The deposition is the key to
your case. Find out if the firm that’s asking for your
business is willing to stick around and do the hard, crucial
work of preparing for the deposition. Will they interview
coworkers? Will they obtain records from labor unions? Will
they meet with you and discuss where you worked, when you
worked, and what you worked around? Confirm that the firm
who’s trying to “sign you up” is going to still be around
when the work begins. Many law firms who are new to this
business do not know that there “new” defendants in asbestos
litigation, many of whom are potentially liable for
compensation. |
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| 8. |
Does your firm have an
asbestos product database? |
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A sure sign that you’re
working with a Johnny-come-lately is the absence of a
product database. There have been thousands of
asbestos-containing products made over the years, and it’s
crucial for your lawyer to have that information at his
fingertips. A firm with experience will have recorded
hundreds and hundreds of jobsites where clients or coworkers
have testified under oath about the use of particular brands
of asbestos or asbestos-insulated equipment. |
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| 9. |
How much time do the
principals in your firm volunteer to nonprofit medical
charities? |
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If the firm is in it solely
for the money, this question will flush them out. |
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| 10. |
How much
money does your firm
contribute to cancer medical research? Which cancer
research charities does it contribute to? |
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Over $80
billion dollars have changed hands over the course of
asbestos litigation. How much has the firm asking for your
business given back? If you believe that people who profit
from asbestos litigation have a moral duty to help find a
cure for asbestos disease, this question will help you find
out if the firm you’re talking to is in it for the right
reasons. Ask your lawyer what their annual advertising
budget is to attract clients (TV, newspaper, Google, etc)
and compare that number to the amount the invest in meso
medical research. |
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| 11. |
Does your
firm stay abreast with medical and scientific developments
on the detection, prevention and treatment of mesothelioma?
Do they make this information readily available? Do they
know about the particular expertise of particular
surgeons and
oncologists? |
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Mesothelioma
cases require the lawyer to understand the most recent
developments in asbestos cancer medicine. This understanding
affects your case and your health. If your lawyer seems to
have a less-than-detailed knowledge of current treatments
and trends, keep looking. |
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| 12. |
Is your firm
comfortable in speaking to you about your medical treatment
options? How soon in the conversation does the attorney you
are speaking to ask you about your treatment program and
whether you’re happy with it or open to new therapies? |
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If the law firm
is truly experienced with asbestos litigation, your lawyer
will spend most of your first conversation talking about
your medical condition, treatment options, and doctors in
your vicinity who may be able to give you a second opinion.
Make sure you’re working with a firm whose first
priority is
your life, and whose second priority is compensation for
your mesothelioma. |
*** POSTED APRIL
23, 2008 ***
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PATIENT PROFILES
