Mesothelioma Legal FAQs
When people diagnosed with mesothelioma contact Baron & Budd for the first time, they understandably have many questions about mesothelioma law and the legal process. Though we have compiled answers to some of the most common questions here, please feel free to call us at 1.866.855.1229 if you have additional questions or would like to learn more.
I have just been diagnosed with mesothelioma. I think I deserve compensation, but I have to start my medical treatment. Is it okay to delay a lawsuit?
When a person is diagnosed with mesothelioma, the entire family is suddenly confronted with many important decisions. Making decisions about your medical treatment comes first, but if you wish to seek compensation from the companies responsible for your asbestos exposure, you should consider speaking with a mesothelioma attorney as soon as possible.
There are many reasons for this. First, you are possibly the best witness in your case, with the best source of information about your possible exposure. Also, the sooner you act to protect your legal rights, the sooner you might receive compensation that can help you with your medical bills and other financial needs. In fact, some judges will give mesothelioma patients an “expedited trial setting” to speed up the legal process in recognition of the fact that mesothelioma is a very serious cancer. Under the laws of some states, if the person bringing the mesothelioma lawsuit passes away before the conclusion of the case, the case might face significant delays.
The law also provides a limited amount of time to file a mesothelioma lawsuit, and your attorney will usually need some time to investigate your claim before the case can be filed. For more information about the time limits for filing a lawsuit, click here.
I can’t afford to pay an attorney. How can I afford to pursue a mesothelioma lawsuit?
You will have no out-of-pocket costs when you hire Baron & Budd to represent you. Baron & Budd handles cases on a contingency fee basis, meaning that you owe no legal fees or expenses until we achieve compensation for you. If we do not achieve compensation for you, we do not get paid for our legal services. If we do, then we receive our legal fee as a percentage of your total recovery, and are reimbursed court costs and litigation expenses from your portion of the recovery. This way, people without the financial ability to pay an attorney can receive the legal assistance they need. For more information about the role of contingency fee contracts, click here.
How much time do I have to decide if I want to pursue a mesothelioma lawsuit?
The law provides a limited amount of time to file a mesothelioma lawsuit. If you do not bring your case within the time limit—called the “statute of limitations”—you may never be able to seek compensation for your mesothelioma. The amount of time you have to file a case depends on a number of factors. For more information about how long you have to file a lawsuit, click here.
I was diagnosed with asbestosis several years ago. I filed a lawsuit back then and received a settlement. Now I’ve got mesothelioma. Can I seek compensation for the cancer?
The laws of several states allow a person with a second asbestos-related illness such as mesothelioma to file a lawsuit, even if you previously had a lawsuit for another asbestos-related disease. Baron & Budd is proud to have helped protect the rights of asbestos claimants who have suffered from a second asbestos-related illness by convincing courts in Texas, Iowa and Florida to recognize a second claim for asbestos cancer. Several other states also recognize this right. Contact an attorney as soon as possible after your mesothelioma diagnosis, because you have a limited amount of time to pursue a case. For more information about mesothelioma law and second asbestos-related illness claims, click here.
I have mesothelioma, but I’m not sure how I was exposed to asbestos. What can I do?
Some people with mesothelioma are surprised when their doctor suggests that their cancer was caused by asbestos. Some mesothelioma patients do not immediately realize that they have been exposed to asbestos in the past.
Asbestos was once commonly used in a wide variety of products, and is still found in the U.S. today. The attorneys at Baron & Budd can help review your history and investigate how you might have been exposed to asbestos.
What is expected of me if I pursue a lawsuit?
Many people are understandably apprehensive about what might be expected of them if they file a mesothelioma lawsuit. At Baron & Budd, we know that your health needs come first, and we try to make the legal process as easy as possible for you. For example, we will travel to your home to meet with you, rather than you having to travel to our offices for meetings. We will work around your doctors’ appointments and treatment schedules. Much of the paperwork can be handled by mail.
If a case is filed, you might be asked to give a deposition to preserve your testimony in case you are unable to testify if your case goes to trial. Your deposition can usually take place in your home or at another location convenient to you. Learn more about the stages of a lawsuit here.
Can I settle my case out of court, or will I have to go to trial?
Most mesothelioma lawsuits settle out of court. In some instances, it might be necessary to go to trial in order to seek the compensation you deserve.
What happens if the companies responsible for my asbestos exposure are bankrupt?
Several companies that once made asbestos-containing products have filed for bankruptcy protection. In such cases, the bankruptcy judge may establish a trust fund with the company’s assets to compensate asbestos victims who were exposed to the company’s products. Baron & Budd attorneys will evaluate your case and file claims on your behalf for compensation through the bankruptcy trust funds if you are eligible for such compensation. For more information on this subject, click here.
What kind of compensation can I expect from a lawsuit?
Because every case is unique, no attorney can “promise” you how much compensation you will receive, or even guarantee that you will receive compensation. After Baron & Budd attorneys and staff have fully investigated your claim, our attorneys will advise you as to what we hope to be able to achieve for you in your case. Baron & Budd is proud of our successful track record in achieving compensation for people with mesothelioma from the companies responsible for their exposure to asbestos. Go to our Case Results page for examples of compensation we have been able to achieve for some of our clients.
My husband recently died of mesothelioma. Now that he’s gone, is it too late for me to seek legal help?
Most states allow the spouse and family members of a person who has passed away from mesothelioma to pursue a case for the wrongful death of their loved one. There is a limit on the amount of time you have to file a lawsuit, and in some states a probate court must first officially name the personal representative of the estate of the deceased person. It is therefore important to take action as soon as you can to make sure your legal rights are protected.
Why should I hire Baron & Budd?
When choosing an attorney to represent you, you should feel good about the law firm’s experience, track record, and reputation in the legal community. As one of the oldest and largest law firms of its kind in the country, Baron & Budd is a nationally recognized leader in mesothelioma law and asbestos litigation. In fact, the law firm has been named to The National Law Journal’s “Hot List” of exemplary U.S. plaintiffs’ firms seven times. Our track record of case results for our clients spans over three decades, and our law firm has represented thousands of people suffering from asbestos-related diseases like mesothelioma.
Choosing an attorney to represent you is also a very personal decision. You should feel comfortable with the attorneys and staff you interact with and be satisfied with answers to your questions. At Baron & Budd, a team of caring, committed attorneys and staff will work on your case. They are professionals with the heart for the fight, with what The National Law Journal once described as the qualities at the heart of Baron & Budd: “passion, optimism, and commitment to clients.”
To find out more about Baron & Budd, click here.
