- I’m not sure I want to file a lawsuit. How long do I have to decide?
- By law, you have a limited amount of time to file a lawsuit for mesothelioma. If you do not file your case within that time frame, you maybe be barred by the “statute of limitations” (or “prescriptive period” in Louisiana) from ever pursuing your claim. In some states, you only have one year after your mesothelioma diagnosis to file a claim. In a majority of states, the limitations period is two years, and some states allow three or more years. Determining the statute of limitations in your case will depend on a number of factors, including the facts of your individual case and where your case is ultimately filed. One of the first jobs of an attorney who takes your case is to determine the limitations period in your particular case.
- I have just been diagnosed with mesothelioma. I want to seek compensation, but I have surgery and treatment to deal with. Is it okay to hold off from filing suit for the time being?
- When receiving a diagnosis of mesothelioma, you and your family are suddenly confronted with many important decisions to make. Of course, you must work with your medical professionals to make important decisions about your treatment options. Additionally, if you want to pursue compensation, it is advisable to do so as soon as possible, for a number of reasons. First, you are the best source of information about your history of asbestos exposure, and it is important that your testimony is preserved early in your case in the event your health fails and you are unable to testify at a later date. Also, in some instances a person with a diagnosis of mesothelioma can get an “expedited” (fast) trial setting, whereas if you pass away before the trial date in your case, it might face a significant delay. Also, the sooner you pursue your case, the sooner you might receive compensation to help with your medical bills and other needs. Even if your trial setting is several months in the future, you might qualify for bankruptcy trust and administration settlement monies relatively early in your case.
- My husband recently died of mesothelioma. Now that he’s gone, is it too late for me to file suit?
- Most states allow a lawsuit for the wrongful death of a spouse or family member, even if he or she did not file a lawsuit while alive. There is a limit on the amount of time you have for filing such a suit. If you are interested in pursuing a case, you should secure an attorney as soon as possible.Some states’ laws do not provide for the same types of compensation to the family of the deceased as would have been available to the mesothelioma victim while alive, so it is advisable for a person with a mesothelioma diagnosis to pursue his or her claim as soon as possible after the diagnosis.
- I can’t afford to pay an attorney. How can I afford to file a lawsuit?
- Baron & Budd handles cases on a “contingency fee” basis, meaning that you do not need to pay out-of-pocket for legal fees and expenses. This helps people who otherwise do not have the financial means to hire a lawyer to secure legal representation. Under a “contingency fee” arrangement, Baron & Budd receives a legal fee as a percentage of your total recovery only if we are successful in achieving compensation for you. If we do not achieve compensation for you, we do not get paid for our services. We also will advance the expenses of litigating your case, such as court filing fees, expert witness fees and the like. If we are successful in achieving a recovery for you, these expenses are deducted from your portion of the recovery.
- Many years ago I was diagnosed with asbestosis, filed a lawsuit and received compensation. I have now been diagnosed with mesothelioma. Can I seek compensation for the cancer now?
- If you were previously diagnosed with asbestosis and have recently been diagnosed with an asbestos-related cancer, such as mesothelioma, there is a chance that you can also be compensated for the cancer. Many states recognize that mesothelioma develops many years after a disease like asbestosis, and that a person has the right to seek compensation for both. Baron & Budd has successfully convinced courts in Texas, Florida and Iowa to allow recovery for asbestos victims in such cases, and several other states also recognize this right. There might be other factors involved in whether you can bring a second claim, which your attorney can evaluate for you.
- I have been diagnosed with mesothelioma, but I’m not sure if I have ever been exposed to asbestos. Can I still seek compensation?
- Some people diagnosed with mesothelioma are surprised when their doctor suggests that their cancer may be caused by asbestos. It is not uncommon for a mesothelioma patient to not realize at first that he or she has been exposed to asbestos in the past. Asbestos was once commonly used in a vast array of products, and is still found in the U.S. today. A knowledgeable attorney can help you examine your work and family history to determine how you might have been exposed to asbestos. Your attorney can then investigate these possible sources of exposure.
- What kind of compensation can I expect to get if I decide to file a lawsuit?
- Because every case is unique, it is difficult for any attorney to determine how much compensation a person might expect from a lawsuit before your case has been fully investigated and litigated. In fact, it is unethical for an attorney to “guarantee” a certain amount of recovery in your case in the beginning. Beware of attorneys who promise you a certain amount of compensation during your first conversation. A good attorney’s ability to obtain compensation for you will depend on many factors, such as the nature of your disease, proof of exposure to asbestos, the financial condition of the companies responsible for your exposure, the laws of the state or jurisdiction governing your claims, and other facts particular to your case. A good attorney will analyze all of the facts of your case and make strategic decisions in an effort to achieve optimal results.
- What is expected of me if I file a lawsuit?
- Many mesothelioma patients are understandably apprehensive about the litigation process. At Baron & Budd, our attorneys and staff try to make the process as easy as possible for you. For example, we will travel to your home, rather than have you come to our office, to meet with you. Much of the paperwork in your case can be handled by mail.At the beginning of your case, you will meet with Baron & Budd staff to discuss the facts of your case, such as your history of exposure to asbestos. You will also be asked to sign authorizations for gathering medical and other records important to your case. You may be asked to give a deposition, whereby the attorneys for the defendants have the opportunity to ask you questions. Your own attorney might also take your deposition to preserve your testimony, in the event you are later unable to testify at trial. Such depositions typically take place at or near your home, and at your convenience. It is also common for your attorney to make a video of what a typical day in your life is like while you battle mesothelioma.
- How long will it take to resolve my case?
- Each case is unique, and the amount of time it takes to resolve your case depends on a number of factors. In some jurisdictions, courts might provide for an “expedited trial setting,” meaning that the judge will give your case priority to help it resolve quickly. If an expedited trial setting is not available in your case, a lawsuit may take two or more years to resolve. Factors such as the court’s docket backlog and the complexity of the discovery proceedings will determine the length of time to resolve your particular case.
- Can I settle my case out of court, or will I have to go to trial?
- Most mesothelioma cases can, and do, settle out of court. There may be several defendants in your lawsuit, depending on the asbestos products you were exposed to and other factors in your case. Some asbestos defendants might settle relatively early in your case, under administrative agreements with your law firm. Others may not settle until right before your trial date, or “on the courthouse steps,” as the saying goes. In some instances, it might be necessary to go to trial against a particular defendant to attempt to achieve the recovery to which you and your attorney believe you are entitled.
- If I pass away before my case is resolved, will my family receive my compensation?
- In most states, if you pass away before your case is resolved, your loved ones can continue to litigate it in your place. The person who you name in your will as the executor of your estate typically serves as the personal representative of your estate, and the beneficiaries of your will receive any compensation from your case. Depending on state law, certain family members may also have the right to seek compensation for their personal loss.
- What happens if a defendant files for bankruptcy while my case is pending?
- If a company files for bankruptcy, you can no longer sue it. The lawsuit against the company is put on hold pending the bankruptcy proceedings. In most asbestos-related bankruptcies, the bankruptcy judge reviews the companies’ finances and liabilities and sets up a trust fund to compensate asbestos victims. Such trust funds might take a number of years to set up, and the amount of compensation available is typically less than what you may have received if the company had not gone through bankruptcy.
- Will my lawyer have me undergo additional medical tests, apart from what my doctor has performed?
- If you have been diagnosed with mesothelioma, you will not have to undergo any medical evaluation other than what your doctors order. If you have had a biopsy, your attorney might order from your hospital a sample of the tissue to be sent for an independent pathology review. Defendants in your case might also seek to have an independent pathology review. This, however, does not require that you personally undergo any additional testing or examinations.
- Why should I hire Baron & Budd?
- Choosing an attorney to represent you is a very personal decision. You should feel good about the people at the law firm that you deal with and be satisfied with any answers to your questions before you hire an attorney. You should also feel good about the level of experience of the law firm you hire.As one of the oldest and largest law firms in the country that handles asbestos cases, Baron & Budd has over 27 years of experience in representing mesothelioma victims. We have handled thousands of cases on behalf of asbestos victims, including those with mesothelioma. We have won precedent-setting cases on behalf of mesothelioma victims in several jurisdictions.
Baron & Budd is a nationally recognized law firm. The National Law Journal in 2003 and 2004 named Baron & Budd to its “Hot List” of exemplary plaintiffs’ firms in the U.S. Only twenty firms in the country were named to this distinguished list in 2004. Baron & Budd enjoys the highest rating by Martindale Hubbell. Nearly half of our attorneys have received awards and honors for their legal work.
When deciding on a law firm to represent you, we invite you to consider Baron & Budd. We believe that you will be impressed by our experience, track record, reputation in the legal community, and by the caring, friendly attention you will receive from our attorneys and staff. To learn more about Baron & Budd’s attorneys and accomplishments, please visit our law firm Web site at www.baronandbudd.com
- Baron & Budd does not have an office in my town, and I cannot travel to meet with them. How is it that Baron & Budd can handle my case?
- It is rare for a mesothelioma client to ever step foot in a Baron & Budd office. That’s because we come to you beginning with your initial consultation. For this reason, we are able to help many mesothelioma clients from many states across the country. Please understand, however, that our services might not be available in certain states.
- What can I expect during a legal consultation?
- When you contact Baron & Budd, a member of our staff will ask you questions about your diagnosis and other facts about your potential case. An attorney will be available to discuss your case and any questions about representation that you may have, and will evaluate the information you provide. If you would like to proceed with a case, an attorney of our firm will make an appointment to come to your home, at your convenience, to meet with you personally.
- What information do I need to have available?
- You can help speed the investigation process by having the following information and documents handy. However, do not postpone seeking a consultation with an attorney just to gather such information.
- Medical Reports confirming the diagnosis of mesothelioma.
This might include one or more of the following reports:- Pathology report: Laboratory report on tests performed on tumor tissue taken from your biopsy. It is typically just a few pages in length. This is the report that often confirms a mesothelioma diagnosis.
- Cytology report: Laboratory report on tests performed on liquid drained from your lung or abdominal cavity. You might have this instead of a pathology report.
- Surgical Report: This provides your surgeon’s assessment of the surgery, and may also include pathology or cytology results.
- If you have not had a biopsy or a fluid sample taken, a copy of a CAT scan or PET scan report would be helpful to your attorney.
- Information about your history of asbestos exposure, and any documentation you may have.
- Names of witnesses to your asbestos exposure. This may include names of co-workers at jobs where you were exposed to asbestos, or family members who may have worked with or around asbestos and brought it home on their clothing.
- Your will. Your attorney will need a copy of your will in the event you pass away before your case is resolved, in order to identify the executor of your estate.
- For family members seeking a claim on behalf of a deceased mesothelioma victim: a copy of the death certificate and autopsy report, if available.
- Medical Reports confirming the diagnosis of mesothelioma.
