An Asbestos Lawsuit - Cost & Process

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Asbestos Lawsuit Cost & Process Of Filing

Filing an asbestos lawsuit can be a daunting task at times, even when all of the paperwork and legal conditions are met, it can be emotionally trying on the victim and their family. Even though trying, filing the suit is often beneficial because the monetary gain from a successful asbestos lawsuit will help the victim afford the necessary and expensive treatments they will need and assist the family with their financial planning.

THE COST OF INVESTIGATING AND FILING A CLAIM

There must never be a charge for these services. Most attorneys will not even think of charging a fee to investigate and file for a potential client (although there have been a few exceptions). If you find one of the few who attempt to bind you into a contract and/or charge you for investigating a claim, discontinue the conversation immediately. Continue contacting various law firms, when you find one that seems like it may be a good fit give them your contact information.

Usually a law firm's lawyers and/or investigators will visit or phone you to compile vital information about you, your work history and even your family. After they've gathered enough useful information, then they will decide if they can and should recommend filing an asbestos lawsuit. This should all be free of charge. Before filing with them, a good question to ask is "Do you provide a case manager specifically trained to assist victims of asbestos-related diseases?"

If you do decide to file a lawsuit with them, be sure that this law firm accepts clients on a “contingency” basis, meaning that they will only collect a fee from you if and when you collect a settlement.

AFTER YOU HAVE FILED WITH YOUR ATTORNEY

This is to give you a basic idea of the process, as with anything, every situation varies to some degree. This is meant to provide you with a general idea.

Time for the in-person meeting:

This is your opportunity to have any additional queries answered. They should be able to answer all of your questions to your satisfaction or either get the answers for you expediently.
Your new law firm will ask for additional details regarding your work and medical history. It will save time if you bring these documents to the meeting.
At this meeting they will likely assist you through the documents they need for you to complete, such as medical, Social Security and military authorization forms.
Their should be an explanation from your asbestos attorney of the fee agreement. Be sure that the fee agreement is consistent with what was initially described to you. Be absolutely sure of the "contingency" basis of the fee agreement.

After you've signed the necessary paperwork, your law firm will likely:
Review the information you have provided them.
Assign your claim to a team of lawyers, investigators, paralegals, etc.

Once they've introduced your team to you, they will likely:
Gather any additional medical records and if needed, they will retain medical experts to review your records.
Investigate (if necessary) the asbestos-containing products that may have caused your disease. One way that the investigator does this is by asking you or (with your permission) your co-workers to help them identify the source of the asbestos. Oftentimes obtaining written statements from these witnesses.

Once your law firm medically confirms your asbestos-related illness and the products or sources of asbestos that may have caused your mesothelioma diagnosis, they will likely:
File an asbestos lawsuit claim on your behalf.
Continue to build the evidence and a solid case to support your claims.
Take your testimony. Very rarely does this testimony occur in a courtroom. Most times it's done at a location that is convenient for the you.

If they can resolve your claim for you, they will likely:
Advise you of the money offered to you and see if you agree to the terms offered.
If necessary (which rarely is), try your case in court.

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