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Picking An Asbestos Attorney
By Gil Eyal
If you're thinking about filing a lawsuit due to damages you or a loved one has incurred as a result of exposure to asbestos, including, without limitation mesothelioma, lung cancer or other side effects, you should read this article.
According to recent publications, the average Mesothelioma settlement reaches one million dollars. When a case goes to court, the award often reaches five or six million dollars. Legal fees often amount to forty percent of the awarded amount, making asbestos or cancer related litigation a highly profitable field for lawyers.
Naturally, this leads to a situation where many lawyers are interested in representing in asbestos or cancer related lawsuits. This can be a real problem for you, because it leads to a situation where many of the lawyers interested in representing cancer patients of asbestos related victims are not true experts in the field.
For example, as you can see from the huge difference in compensation received in an average settlement, to that receive in an average verdict, knowing how to conduct the procedure, and whether or not to settle outside of court of prior to a verdict, is one of the most important benefits a good asbestos related lawyer will provide you with.
Remember - chances are you will only have one opportunity in court, and during this day you want a true expert by your side. Therefore, it is very important that you perform serious research about any asbestos lawyer that you consider hiring.
(a) Is this lawyer an Asbestos Lawyer / / Cancer Lawyer? Is this is particular expertise?
Ask your lawyer if he has experience in representing Asbestos or Mesothelioma victims.
Can he show you legal decisions regarding mesothelioma or asbestos in which he was involved? His name should be in the first pages of the legal decision if he represented any of the parties.
Does your discussion with him reveal that he is knowledgeable about the subject? Can he describe the proceeding? Can he advise you when it would be wise to settle? Is he willing to give you contact details of previous clients who were in need ot an asbestos lawyer or who suffered from Mesothelioma? Do they recommend his services?
(b)Does he have the financial ability to handle such a case?
Since most Mesothelioma Lawyers who handle asbestos / cancer related cases charge based on success, they should know to expect a long and expensive procedure. In fact, just drafting the lawsuit itself, conducting the necessary research and participating in initial negotiations can amount to hundreds of hours of expensive legal work.
Can he afford to fund this case?.
On a side note, its also very important to include a provision in the asbestos lawyer's legal fees agreement that he will only be paid once you are paid. For example, if a settlement is signed and the other party does not pay you, it should be clear that he does not get paid either.
(c) Will
he handle your case personally?
Two issues you want to avoid are situations where the asbestos / you met with and hired is not the person actually working on your case. This can happen in two ways:
1.The asbestos lawyer you hired refers your case to another lawyer. Unfortunately, many lawyers have adopted this bad habit, where instead of refusing to handle a case in which they are not experts, they select to refer it to an additional lawyer for a referral fee, either with the knowledge of the client of without it. The result is that you are paying more due to his referral fee, and don't really have any input on who the asbestos lawyer who is handling your mesothelioma related case is.
Some states now require lawyers to inform their clients that they are referring the case to a particular lawyer. Nevertheless, you need to verify your legal fees agreement includes a provision that ensures your asbestos attorney does not refer the case to another asbestos lawyer.
2. The asbestos lawyer you selected has lawyers in his office who are less experience, who perform all the work with minimal or no supervision. You need to verify that your lawyer will actually work on your case!
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