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Step 1
Don't delay. Taking care of your health is your first priority. But seek legal advice as soon as possible. In order to build a strong case, your attorney will need to investigate your claim and obtain information from you about your asbestos exposure while you are still strong enough to provide it.
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Step 2
Keep track of all medical and financial records related to your illness. These records will help your attorney prepare your case.
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Step 3
Do not worry about paying for an attorney. Many mesothelioma attorneys will represent you on a contingency basis. You do not pay any legal fees unless your attorney reaches a settlement for you or wins in court. If you do not receive compensation, you owe nothing. If you do receive compensation, legal fees and expenses are paid as a percentage of total recovery.
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Step 4
Ask for referral to a mesothelioma attorney from trusted sources such as your doctor or other health professional, mesothelioma support groups, cancer society support groups or your personal attorney. Mesothelioma litigation is a specialized field and you want an attorney with experience in asbestos-related illness.
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Step 5
Look online for mesothelioma attorneys. You will find dozens of firms offering services. Look for ones that have a professional site with substantial information on mesothelioma. Your best choices are those with experience in both reaching settlements and going to trial. Look for someone with an office near you if possible (although that is not essential). Also look for a sense of compassion and personal service.
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Step 6
Select at least three candidates from your list of potential attorneys. Write up a list of questions and ask all three the same ones so that you can compare notes.
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Step 7
List your questions, such as:
Are you the attorney who will represent me, or will I be referred?
How many mesothelioma cases have you handled and how many have been settled vs gone to trial? Have you ever handled an appeal?
Can you give me examples of settlements?
What kind of settlement might you expect for my case?
What is your contingency fee and are there other legal fees? -
Step 8
Ask to see if it is possible to see actual testimonials written by past clients or if you can talk to a past client.
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Step 9
Compare the answers given by your three candidates. You should review both the information given and the way it was communicated. You want to choose an attorney who is both an expert in the law and in communicating with patients and families who are under tremendous stress.
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Step 10
Do some background checking. Check with the state bar to see if there has been any disciplinary action taken against the attorney. Google the attorney's name and see what comes up. Call back to ask additional questions and see how you are treated.
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Step 11
Check to see if meetings with the attorney can be conducted over the phone or by email, or if the attorney will travel to meet with you when necessary. Your illness may make it inconvenient for you to go to your attorney's office.
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Step 12
Check the attorney's schedule. This is especially important if your diagnosis indicates that you have a limited life expectancy. Some judges will give an expedited hearing to mesothelioma patients, and you want an attorney who can start on your case right away.
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Step 13
Go over the fees in detail. Make sure you know what percentage of your settlement will go to the attorney and if that includes all the fees, or if you are expected to pay anything else like court costs. Make sure you get it all in writing.
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Step 14
Once you make your decision, do not second guess or fret about it! Let the attorney handle the legal work while you concentrate on your health and your family.
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Step 15
Know that you are not alone. Although mesothelioma is rare, there are a number of support groups. If you have legal, medical, or related issues, another family that has been through your situation may have insights to share. A support group can help you. And you may be able to help others as well.
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Step 16
Once you achieve a settlement or win at court, consult a financial advisor about how to budget and invest your money so that it can last.
