Asbestos Mesothelioma – 5 Most Asked Legal Questions

May 14th, 2009. By LucyC

A diagnosis of asbestos mesothelioma can be frightening. It is cancer, after all, and sadly is currently incurable. But if there was ever a time you or a loved one needed your wits about you it would after receiving a positive diagnosis.

Why? As part of making sure your affairs are in order, you will likely want to contact an asbestos mesothelioma lawyer for advice on any potential compensation related to the illness and its treatment.

Here are answers to questions you might have if you’ve recently been diagnosed with asbestos mesothelioma, or your spouse has recently died from the disease:

• When should I contact an attorney? As soon as you’ve been diagnosed with an asbestos related disease.
• How long do I have to act? Timing is of the Essence. Many states have statutes of limitations that restrict your ability to file a lawsuit to within a certain period of time, typically after you have been diagnosed. Because it can take as much as 30 years or more for mesothelioma to manifest symptoms, it makes it even more important that you act quickly after being diagnosed.
• Can I sue a company that no longer exists? Asbestos mesothelioma has one of the longest latency periods of any type of disease. If the company you worked for has gone out of business between the time you worked for them and the time you were diagnosed, you cannot sue them directly. However, you may be eligible for compensation from an asbestos bankruptcy trust, which were set up to deal with these types of situations.
• If I’m too ill to work, how do I afford an attorney? Many lawyers who work on asbestos mesothelioma cases work on what is known as a “contingency basis”. That is, they only get paid if you win your lawsuit—you do not pay the lawyer up front. Their fees are agreed upon as a percentage of the settlement you receive.
• Can I file a lawsuit on behalf of my deceased husband or wife? You may be entitled to file a wrongful death suit, which could entitle you to a settlement, should you win your case. But there are laws regarding who can sue on behalf of whom. And the other consideration is the statute of limitations in your state. It cannot have expired, so the time of your spouse’s death must have occurred within the legal timeframe in which you are allowed to file a suit. Best thing to do is to contact a lawyer and find out what the rules are in your state.

To find out more about the symptoms of asbestos mesothelioma, or submit a claim form free of charge, visit our asbestos mesothelioma section.

Tags: Asbestos, Asbestos Mesothelioma

This was posted on Thursday, May 14th, 2009 at 10:45 am and is filed under Personal Injury . Feel free to respond, or trackback. Read our comments policy.