Mesothelioma Legal Help




What is Mesothelioma?

According to Wikipedia, Mesothelioma is a form of cancer caused by exposure to asbestos. It is usually found in the pleura (outer lining of the lungs and chest cavity), the peritoneum (the lining of the abdominal cavity) or the pericardium (a sac that surrounds the heart).

Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles.  Many times the asbestos particles not only affect the worker but also the individuals who are exposed to that worker through contact such as handshakes and especially clothing.  The discovery of the disease by doctors and articles that linked the disease to many skilled labor jobs sparked not only media controversy but also a great deal of money hungry lawyers coming out of the woodworks ready to begin a class action lawsuit.  Many mining, construction, warehouses, and other skilled labor companies were not at the mercy of mesothelioma victims’ and thier attorneys.

Many times these mesothelioma attorneys can take as much as 40% of the million dollar settlement leaving the mesothelioma victims to divide the rest.  Some people feel this is unfair and often advise other to obtain a single lawyer.  While this may be a viable option for some, as it is more likely to result in an individual gaining more income from a settlement, in other cases it is more advantageous for one to use a class action lawyer.

Particularly hiring a class action mesothelioma attorney has these benefits:

You dont have to come up with money up front

Since there are several victims, the case is more likely to be won

Although there is no guarantee, class action lawsuits may take a shorter amount of time (company has more people to fight)

You dont have to pay the lawyer if you do not win.

And best of all, there is very little that you have to do besides get an accurate diagnosis and prove that you worked at the location where the asbestos was found.

On the other hand if you go it alone,

you will definitely have to provide the up front costs for a mesothelioma attorney and even if you dont win you still have to pay the lawyer.

you may have to do more to prove your case, and be more actively involved in the case itself

these cases may take more time (the company is only fighting you not a great deal of people, may be less likely to settle)

BUT

you keep a greater portion of the settlement and you can negotiate terms and percentages with your lawyer (if any)

So regarding whether or not to use a class action mesothelioma lawyer or go it alone with an individual attorney.  It depends on your individual situation.  If you have the time and money to invest in a lawyer and would like to keep maximum reward then an individual lawyer is your best bet  however if you feel you have neither the time or money to invest, then find a class action mesothelioma lawyer and have him do all the work (but dont expect a big return).

Ultimately in both cases — you usually will get what you pay for…