3 Things You Need To Know About Filing A Mesothelioma Lawsuit

Georgia B. Day

If you have been diagnosed with mesothelioma, you may want to file a lawsuit. Here are some things you should know before you do.

1. You Have a Time Limit in Which to File Your Lawsuit

Even though it can take up to 40 years for the symptoms of mesothelioma to manifest themselves, when it comes to filing a lawsuit to recover for your injuries, you have to move fast.

All states have what is called a “statute of limitations” for different civil wrongs. The point of the statute of limitations is to prevent a plaintiff from waiting forever to act on his or her rights. The law likes finality. If you have a civil wrong, you must sue on it within the specified time or you lose your right to sue on it forever.

Most state statutes of limitations usually give people one to five years from the diagnosis or discovery of mesothelioma to file a lawsuit. In Louisiana, where we practice, the statute of limitations is only one year from diagnosis.

If a mesothelioma victim has already died, then his/her spouse or heirs only have 1-3 years from the date of death to file a wrongful death action.

2. All Mesothelioma Cases are Handled on a Contingency Fee Basis

In most cases when you hire an attorney to represent you, you can expect to pay that lawyer’s hourly fee (usually $300 an hour or more) plus costs (filing fees, copying fees, fees for mailing letters, etc.). However, all mesothelioma cases are handled on a contingency fee basis.

When you agree to a contingency fee arrangement with an attorney, it means that you pay nothing upfront. Your attorney gets paid by taking a percentage of the final amount you are awarded, either in settlement or after trial. Most contingency fee agreements give the attorney anywhere from 25%-40% of the final award.

3. You Have Options

If you are considering filing a mesothelioma claim or lawsuit, speak with experienced counsel.

When it comes to mesothelioma claims, you have options. You can file a traditional lawsuit (for personal injury or wrongful death), or you can file a claim against a trust fund set up to provide for mesothelioma victims. You can even file a claim for disability with Social Security. If you are a military veteran who was exposed to asbestos during military service, you may be able to file a claim with the U.S. Department of Veterans Affairs (VA).

Whichever way you chose to go, the first step you must take is to speak with experienced counsel.

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Justin A. Day

A proud graduate of Southern University Law Center and former president of the Phi Alpha Delta Law Fraternity, Justin is best known for providing his clients with the personal attention they need while fighting hard to get them the compensation they deserve. Justin and his team are not afraid to take on the tough cases or fight the good fight. Dedicated and tenacious, for over 18 years, Justin has consistently achieved superior results for the clients he serves.

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Georgia B. Day

Georgia B. Day

Georgia B. Day is an experienced personal injury and worker’s compensation attorney. A former Administrative Law Judge for the Louisiana Workforce Commission, Georgia is driven by a desire to obtain justice for individuals injured in the workplace and those who have been injured due to the carelessness of others. Georgia takes pride in providing her clients with the best possible representation. Polished and professional, Georgia is best known for her excellent work ethic, obtaining superior results, and her responsiveness to clients.

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