Mesothelioma-Commonly Asked Legal Questions

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I have been diagnosed with mesothelioma. Should I see a lawyer?

Yes, if at all possible, and medical experts estimate that about 95% of all mesothelioma cases caused by exposure to asbestos (usually the workplace) and, more often than not, someone else (whether by the employer, the owner of the factory, or asbestos manufacturer) is guilty. Often people say, "but no one knew of the risks in those days, it was so long ago, and put off the idea of ​​taking legal advice, assuming that nothing can be done. In actual fact, more often than not, there is a remedy, even if the employer apparently ceased to exist. Therefore, it is unsafe to assume that no legal action can be taken.

-I need to see a lawyer right away?

Depending on the treatment you are receiving and how you feel, it's wise to get legal advice as soon as you possibly can because there are limits to all personal injury claims. As a general rule of judicial proceedings ("Proceedings "), must be initiated within three years of diagnosis (or from the moment you first suspected to be suffering from diseases related to asbestos). Although the Court has the discretion to set aside three years "limitation" (as it is called), technically it will be time to ban, not a problem if the proceedings within three years. In any case, given the poor prognosis, most people do not want to delay taking legal action. Since the national legal system was reformed in 1999, says do not tend to be as long as they have done, but it is still possible to argue that the "fast" if medical evidence indicates that one lifetime is very limited.

-Can I seek the services of any attorney?

Most lawyers now tend to specialize on a "general practice" are numbered. Even so, unfortunately, some lawyers who are experienced in this particular area are not taken to mesothelioma claims, and that can have unfortunate consequences, especially since the majority of employers' liability insurance companies (on the other side) to make a specialist company to defend such claims. In this situation, it would not be at the level of play field.Therefore, it is always wise to seek an attorney who specializes in asbestos-related disease litigation. Before instructing a lawyer, it's always worth asking about his qualifications and track record. For example, they are members of the Law Society Personal Injury Panel and / or bodily injury, College of the Law (CPIL). How much asbestos related disease cases were successfully completed in the last 3 years? The person dealing with a qualified lawyer?

-How much will it cost me?

Although legal aid is now rarely available for personal injury claims, 3 main funding options include:
• Conditional Fee (no win: Fee ") {} contigency contract agreement
• Union funding
• insurance costs
As a result of changes introduced by the Access to Justice Act 2000, pursuing a personal injury claim should not cost you a lot of money. Most (good) lawyers offer free initial interview, even if a home visit is needed (as is often the case). An attorney should then discuss different financing options at the outset, before any claim is intimated. If you have a trade union / professional association, or insurance costs, then you May not have anything to pay, in accordance with the terms of union contracts, and insurance costs.
If your attorney is willing to take the case on "no win: no fee" basis, then you May have to pay a one-time insurance premium (which may be renewed in case of a successful claim). However, insurance cover will protect you from the risks to pay other costs in the event that the claim is lost or terminate (provided that judicial proceedings have begun). If you are successful, then the opposing party / insurance company will pay the plaintiff the basic legal costs and "success fee" in addition.
Following the introduction of new rules relating to costs, plaintiffs are now in a much better position than they were, and You May have to pay anything at all, if the lawyer is "no cost to you" policy. However, be aware that some companies / organizations that offer "no cost" of policies / proposals will not necessarily have the relevant expertise, as they mainly deal with the "fast track" (low value), personal injury claims. Industrial disease claims are complex and require skilled handling. [* This is the reward lawyers for taking the case and facing the possibility that he / she shall be paid all in all if the case is lost]

Translating...

This cancer is a disease difficult to diagnose accurately, as well as its most common symptoms also occur in many other common lung and abdominal disease. Doctors are sometimes not 100% sure, even when a strong clinical diagnosis. The legal claim for damages can be proven on the state probabilities {it's more than likely not}, so if there is a high probability that you have a medical mesothelioma, you should seek the services of an attorney who will investigate your claim. The statute of limitations in most places starting from the time there is reasonable suspicion that the asbestos-related disease, rather than when it is 100% confirmed the diagnosis is made​​, so it is very wise to seek legal representation for fast and your lawyer will advise you on the necessary steps to take.