Mesothelioma

MESO Series: Part III

Why You Need Legal Advice When Diagnosed With Mesothelioma

We’ve said it before and we’ll say it again: The fact that mesothelioma patients and their families have had to endure pain and suffering, both financial and emotional, as a result of the callous actions of manufacturers of asbestos-containing products is unconscionable. Companies that knowingly perpetuated the use of this harmful material for decades after it was known to be dangerous should be held accountable. Today, many victims are successfully filing lawsuits in Massachusetts to get the compensation they deserve. 

Following a mesothelioma diagnosis, medical bills can start adding up quickly. From initial doctor consultations, to chemotherapy or radiation, to surgery and at-home care, even the best insurance won’t cover the mounting costs. You and your family deserve the peace of mind that comes with knowing an experienced attorney is on your side and will fight for your right to financial compensation to secure your family’s future.

Mesothelioma law firms typically offer a free consultation to discuss a potential case and most firms will only require a fee or out-of-pocket expenses once they win. Legal proceedings will not affect your medical care, insurance, or benefits like Social Security, Medicare, disability, veterans benefits, or retirement. 

There is no downside to seeking legal advice and there may well be a significant financial upside.

Whom To Contact for Help

Almost 2,000 mesothelioma lawsuits were filed nationwide in 2022 against a broad range of manufacturers of asbestos-containing products. Although many corporate entities have since declared bankruptcy to avoid paying for their actions, an estimated $30 billion is available from asbestos trust funds that have been established to help compensate victims. 

If you were exposed to asbestos during the course of your employment – including service in the U.S. military – and have since developed mesothelioma, we encourage you to contact a mesothelioma lawyer as soon as possible to determine whether or not you are eligible for compensation. If you are a U.S. mIlitary veteran with mesothelioma, you may also be eligible for VA benefit programs and we encourage you to reach out to your local VA for assistance.

How to Choose the Right Law Firm 

Before deciding which firm to choose to represent you in your mesothelioma lawsuit, you should do some research to maximize your potential compensation. These types of cases are highly specialized and only a few legal professionals in the Commonwealth of Massachusetts have experience with mesothelioma lawsuits. 

As we outlined in a previous post, there are a number of questions you should ask before hiring a lawyer to defend your rights in a Massachusetts mesothelioma case:

1. Do they understand Massachusetts law?
2. Do they know all potential defendants to include in your suit?
3. Have they tried a case exactly like yours before?
4. Are they part of the local legal community?
5. Do they have “boots on the ground” in MA?
6. Are they personally available to you and your family?
7. Who will pay for their travel costs (especially if they are out of state)?
8. Do they truly care about you and your family?
9. Do they win?

Learn about the answers you should be looking for and why local experience matters most when hiring a mesothelioma litigation firm in Massachusetts in our blog post here. 

Don’t Miss Out On The Compensation You Deserve

The litigation process can be intimidating and confusing. At Shepard O’Donnell, we take the time to explain the process from beginning to end, setting realistic expectations and timelines. If you are unable to come to our offices due to health or other reasons, we will come to you to listen to your story (even if you live in another state) and tell you honestly if we think you have a viable claim. We want you to be comfortable with the process and learn enough about it so you aren’t surprised by the many steps involved. The legal process does not have to take over your daily life. Our attorneys work diligently in the background, dealing with all the hassles of the litigation process so you don’t have to, allowing you to concentrate on what’s most important—your health and your family.

If you think you might have a mesothelioma case in Massachusetts, we encourage you to reach out to Shepard O’Donnell. We have helped hundreds of individuals and families obtain justice for their injuries, regularly obtaining settlements and verdicts in the millions. And you will never pay unless we deliver results for you. 

Is Bigger Really Better? 

Why Local Experience Matters Most When Hiring A Mesothelioma Litigation Firm In Massachusetts

Mesothelioma is a devastating disease that develops years after exposure to asbestos-containing material. This exposure invariably occurred in the normal course of employment, and workers had no idea they were entering a potentially dangerous environment day after day. No one told them that while they were simply trying to provide for their families, they were risking their future health.

The fact that mesothelioma patients and their families have had to endure pain and suffering, both financial and emotional, as a result of the callous actions of manufacturers of asbestos-containing products is unconscionable. Companies that knowingly perpetuated the use of this harmful material for decades after it was known to be harmful should be held accountable, and many victims are successfully filing lawsuits in Massachusetts to get compensation for their injuries. 

But what is the best way to make sure these companies pay? 

If you or a loved one is suffering or suffered from mesothelioma in Massachusetts, you have a number of options when hiring a lawyer to represent you, from mesothelioma mega-firms that tout their size and geographic reach as benefits, to smaller local firms who have practiced in the state for many years. Which of these options provides the best chance for success? 

Ask yourself the following questions when choosing the right firm to represent your interests in a Massachusetts mesothelioma case:

Do they understand Massachusetts law?
If you file your case in Massachusetts, you want someone who thoroughly understands the state’s legal landscape. In complicated mesothelioma cases, your attorney should be very familiar with state laws, the Judge and Special Master, the defense attorneys on the other side, and the local rules of discovery and deposition, which vary widely from state to state. In fact, your case could be dismissed outright if your lawyer does not strictly follow the proper rules and procedures. Even improperly filling out a Plaintiff’s Disclosure Form can have serious ramifications for your case, potentially precluding claims against liable defendants, meaning your final award will be less than you could have received. 

Do they know who to sue?
In addition to knowing how to file the case for maximum benefit, your attorney should fully understand who to include in the suit. There are myriad potential defendants in a mesothelioma case, some obvious and some less so. Lawyers from out of state may not be familiar with the suppliers of specific asbestos-containing products used in Massachusetts. They could overlook potential defendants that would add to your financial recovery. Do they know the names of all the contractors, distributors, wholesalers, and suppliers involved? Experienced local lawyers will have intimate knowledge of the entire pool of potential defendants specific to your jobsites.

Have they tried a case exactly like yours before?

Lawyers have varied interests and experience, and many practice in multiple different areas of law. However, the specialized and detailed nature of a mesothelioma lawsuit does not lend itself well to dabblers in the area. Many mesothelioma cases in Massachusetts stem from similar jobsites, projects or exposures, be they paper mills, navy ships, powerhouses, shipyards, high-rise office buildings, or a host of other workplaces. Even those who were self-employed often worked with the same asbestos products. Is your attorney well-versed in the history of asbestos use in the state and have they successfully tried similar cases against all possible defendants? Specific, relevant Massachusetts asbestos litigation experience is critical to a successful outcome.

Are they part of the local landscape?
As in many other areas, communities in Massachusetts are tight-knit and tend to help and support their own. Opening up to out-of-staters can be more difficult, and to the extent that there is some implicit bias against outsiders, there is the potential it could negatively affect your case. 

As a test, ask your prospective attorney to pronounce these names: Quincy, Haverhill, Worcester, Stoneham, or Amherst. You will quickly learn whether they are truly part of our community!

Do they have “boots on the ground” in MA?
All cases litigated in Massachusetts require a Massachusetts-licensed attorney to bring the case to court. That means if your attorney is in another state and not licensed to practice in Massachusetts, they will need to add local counsel to the team to help with the case, sponsor their access to the courts, and navigate the local rules and procedures. This seems like an extra step: why not hire experienced local counsel to begin with? Even if they are paying the local counsel out of their fee, how motivated is your out-of-state lawyer when he or she is splitting the fee with a local lawyer hired to help them?

Are they personally available?
In a highly complex lawsuit involving hundreds, sometimes thousands of important details, it’s natural for you to have questions. Having personal access to your lawyer whenever you need clarification of a certain aspect of your case, or just want reassurance that everything is on track, can make all the difference to your peace of mind. Often, large firms in diverse locations have multiple hoops to jump through before you are connected with someone familiar with your case and can knowledgeably answer your questions. When you call, are you directed to someone on a “team” working on your case? Do you talk to a different person every time you call? That’s code for a large law firm having too many cases to keep one lawyer on your case from start to finish. A local firm entirely dedicated to your case can often answer your questions with one email, text, or phone call.

Who will pay for their travel costs?
Cases going back many years and involving numerous defendants require detailed and in-depth discovery, unearthing miles of paper trails and conducting multiple in-person depositions. This work needs to be done locally, and if your attorney is from out of state, his or her travel and associated costs will quickly add up. While you may not have to pay these costs up front, they are not free and will ultimately come out of your settlement, lowering your compensation.

Do they really care about you and your family?
You and your family are undoubtedly experiencing emotional stress and trauma as you deal with this painful time in your lives. Especially now, you need an attorney who is present, who cares about what’s happening to you, and who is committed to seeking justice in your case. Make sure you find an attorney for whom you are not just a number on a spreadsheet or a docket. Having responsive, compassionate, and sincere counsel that understands the local court system and who lives and works in the same state is crucial to success – financial success and having a positive experience while going through the process.

Do they win?

Above all, you are hoping for compensation for your suffering. Ask to see your attorney’s successful track record in cases like yours, and in the place you live.

The answers to the above questions will help you make an informed decision about hiring the right attorney for your case. If you think you might have a mesothelioma case in Massachusetts we encourage you to reach out to Shepard O’Donnell. We have helped hundreds of individuals and families obtain justice for their injuries, regularly obtaining settlements and verdicts numbering in the millions. We’d be happy to discuss these questions with you and offer you a free case evaluation. If you like, we will come to your house to listen to your story and will tell you honestly if we think you have a viable claim. And you will never pay unless we deliver results for you.