Understanding Your Parents’ Mesothelioma Legal Rights
Mesothelioma is a devastating diagnosis. It is one that affects everyone in the family. While medical science continues to seek a cure for this disease, there presently is none. Thousands of cases will be diagnosed over the next decades, causing pain and grief to families and loved ones.
Because mesothelioma typically develops 20-40 years after exposure to asbestos, the victims of mesothelioma are usually in their 60’s, 70’s or 80’s. Their adult children most often reach out to help their parents, as they look for treatment options and ways to deal with the emotional and financial strains that accompany this disease. They also often help their parents find an attorney to bring a lawsuit on their behalf to recover damages to help with the medical and other expenses they face as well as with expenses.
Steps to Helping Your Parents File a Mesothelioma Lawsuit
1. Understand Their Legal Rights and How Contingent Fee Cases Work
The articles on our website are designed to provide information about the legal claims your parents have and the legal process involving a mesothelioma lawsuit. Understand that your mother or father has potential claims against the companies that sold the asbestos products. They were exposed to because these companies failed to warn about the hazards of breathing asbestos dust.
Galiher DeRobertis & Waxman handles mesothelioma cases on a contingent fee basis, which means if there is no recovery, there is no fee. Your parents do not need to worry about whether they have the resources to bring this lawsuit, because they will not have to pay any fees or expenses if there is no recovery. You should call us to talk about your parents’ case: it’s free.
2. Find an Experienced Mesothelioma Trial Lawyer
There are many lawyers who may say they are mesothelioma lawyers, but who do not have the background or experience to handle mesothelioma cases. In fact, some lawyers will simply refer your parents’ case to another law firm and take a percentage of the recovery without ever working on the case. Some lawyers who have handled some asbestos cases do not necessarily take the time and invest the effort in thoroughly investigating the cases and preparing for trial, which is the only way to ensure a clients’ maximum recovery. Mesothelioma cases that lawyers or clients choose to settle quickly, without getting the cases ready for trial, recover substantially less for their clients.
Asbestos companies who face Galiher DeRobertis & Waxman know that we are ready for trial and prepared to go to court if the settlement does not reflect the value of our clients’ cases. We have tried over 50 asbestos cases to verdict. We are very experienced mesothelioma trial lawyers who have proven ourselves in the courtroom and at the negotiating table. We have handled mesothelioma cases for over 35 years and have helped mesothelioma victims in over 40 states. We work tirelessly for our clients to ensure the maximum recovery in their cases.
3. Find a Mesothelioma Law Firm That Understands and Respects Your Parent’s Emotional Distress
This is an incredibly difficult time for your parents and your entire family. A mesothelioma lawyer who handles your parents’ case needs to be supportive of the emotional issues that your parents must deal with. Our clients’ words are the best indication of our empathy for their situation:
When we were looking for someone to help us through the asbestos nightmare… we called Galiher DeRobertis & Waxman. What we found was a group of people who were caring, compassionate, and supportive. It was obvious to us that they were passionate about their work, and that they truly cared about us.
(They) were always there to help support me throughout the entire ordeal that my husband and I went through. I will be forever grateful for the genuine concern and support.
When you first enter their office, you get the feeling it is one big family and you’re a part of it. That’s what you need when you are faced with such a big problem.
4. Recognize the Importance of National Experience
Do not assume that your parents’ case will be filed in the state where you live. Their case should be filed in the proper sate that will provide the legal result most favorable to your parents. This does not mean that your parents will be traveling far and wide. We meet with our clients where it is most convenient for them, usually at their house. Typically, their depositions can occur right where they live, regardless of where the case is filed. The attorneys handle the other pretrial work. The laws of each state vary when it comes to cases like those involving mesothelioma. Some states give priority to mesothelioma cases in terms of trial dates. Other states have different statutes of limitations affecting when a case can be filed, and still others allow for the recovery of more types of damages than others. Experienced mesothelioma lawyers will know and understand all these issues, and help your parents determine where their case should be filed. Because of the long latency period from the time of exposure to the time of diagnosis, it is likely that those exposed no longer live where the exposure took place. For these reasons, the lawsuit may be filed in a state other than where they live. Given our national experience, Galiher DeRobertis & Waxman will be able to assess this most effectively and to take steps to ensure your case is presented in the way most beneficial to you and your family.
5. Do Not Delay
There are deadlines imposed by state laws for the filing of mesothelioma and other lawsuits. Therefore, it is important to get an experienced mesothelioma lawyer involved as soon as possible so that none of your parents’ legal rights are lost. It also takes time to investigate a case and prepare it for trial. The sooner the case is filed, the sooner your parent may begin to receive settlements or other recoveries.