Filing a mesothelioma lawsuit is not the difficult part of the equation. The difficulty comes into play when seeking the proper amount of damages for your pain and suffering. To errantly select a lawyer and rush into litigation would doubtfully lead to the desired outcome. As such, a proper approach is needed to increase the odds that the lawsuit ends up being a successful one.
Many people are seeking such legal remedies these days as the sheer numbers of diagnoses of mesothelioma cancer have increased tremendously over the past two decades. Despite the fact that more and more information has been discovered about the cancer risks associated with asbestos exposure, many older buildings are not effectively inspected for asbestos. Such a negligent oversight puts those entering such a building at needless and severe risk. In some cases, the exposure was so severe cancer developed in the exposed.
Do to the high number of mesothelioma diagnoses in recent years, a large number of lawsuits have been filed as a result. Filing such lawsuits in done for the obvious reason: there is a need to recoup costs associated with such a condition.
One thing that needs to be clearly understood prior to engaging in any legal action is that there are no guarantees of any outcome. This is true no matter how legitimate your claim is. Once a litigant realizes this fact, the litigant will understand the extreme need for hiring the right attorney to represent them in the case.
How do you know whether or not you are hiring the right attorney for the mesothelioma lawsuit? A multitude of factors will determine whether or not the attorney you are considering is the right one for your needs. Probably the most important factor would be the experience level of the attorney. Has this particular attorney represented a large number of litigants in mesothelioma cases? Experience counts for a lot and any lawyer that does have a lot of experience with such cases would be one well worth considering hiring.
It may be wise to define the experience the attorney possesses into more concrete terms. In other words, how many mesothelioma cases has the attorney represented? Does the attorney specialize in these types of cases or does are mesothelioma cases one type of case in a long list of liability areas in which the attorney represents?
There are also attorneys that take part in mesothelioma cases on an exclusive basis. In other words, they do not handle other civil cases and are experts in the exclusive representation of mesothelioma cases. Seeking out such specialists may be the better option since specialization can some with insights and experience other attorneys may not possess.
• Experience alone, however, is not an indication of skill. The attorney must have a “track record” for success litigation and settlements. Questions that need to be asked are:
• What percentage of cases represented are settled out of court and what percentage are litigated?
• Of the cases that go to litigation, what percentage is won?
• What is the average award received in a settlement and what is the average awarded judgment of a case that goes to civil trial?
Determining the definitive answer to all these questions is a must before selecting an attorney. The entire goal of entering into a lawsuit is to achieve financial compensation for all the trouble. The attorney’s past performance can be considered the best indication of how the attorney will perform in the future. Examining the amount of monetary awards in litigation and settlements will yield the answers to any queries in this regard.
Also, it is necessary to determine the attorney’s fees for representation. Will the attorney solely take a percentage of the settlement or the judgment or are other fees involved? There is no right or wrong way to charge clients. The client does, however, need to feel comfortable with the fee process. Entering into an agreement with an attorney and then having to dissolve the relationship over costs halfway through litigation could prove disastrous and is best avoided.
All in all, when you are seeking to file a mesothelioma lawsuit you want to hire the very best attorney for your needs. The reason for this is fairly obvious: You want to walk away from the litigation with a positive outcome. Without the right attorney in place, this would prove enormously difficult.
Source by Leigh White