West Palm Beach Mesothelioma Lawyer
Over 11 million people were exposed to asbestos between 1940 and 1978, according to the National Institute of Health. Because symptoms often appear decades after exposure to asbestos, mesothelioma lawsuits are time sensitive and, more importantly, highly dependent on choosing a skilled Florida mesothelioma lawyer who can guide you through the process.
Survivors of Asbestos Cancer and Successful Cases
For people over the age of 60, the risk of developing pleural mesothelioma is ten times higher than for people under the age of 40. “It was a heart-wrenching moment. I felt like I was hit in the gut. I was lost for words. All I wanted to do was scream. I didn’t know what to do or where to turn to for help,” Joanne D., age 65, said in an interview with the Pleural Mesothelioma Center. After seeking a specialist, Joanne’s doctor ordered a pleurectomy, a surgery to remove the lining of the lungs. Joanne has since had two recurrences, followed by surgery and chemotherapy.
Michael D. Galier, 51 of Moore, Oklahoma, hired a mesothelioma attorney and filed a product liability lawsuit in 2012 after being diagnosed with malignant mesothelioma. A jury found for him in his claims against Murco Wall Products of Fort Worth, Texas, and Welco Manufacturing Company of North Kansas City, Missouri. In the lawsuit, Galier claimed that from 1970 into the 1980s, he experienced bystander exposure through his father, a homebuilder and remodeler active in Moore and Oklahoma City. Galier prevailed against the two companies for a judgment of $6 million in Oklahoma County District Court.
Each year there are 2000-3000 new cases of mesothelioma. The disease has claimed nearly 30,000 lives in the US from 1999-2010 and it is estimated that 2-10% of people who have experienced heavy, prolonged exposure to asbestos will develop pleural mesothelioma.
What to Expect When Hiring a Mesothelioma Attorney to Represent Your Case
- Preparation: Your attorney will gather information about your asbestos exposure and illness to determine who is responsible for your condition and in which court to file your lawsuit. You may be eligible to file your lawsuit in more than one court.
- Filing: Your lawyer must file a written complaint to the proper court. An experience lawyer will be familiar with the particular process and rules for each court and for the particular nuances of the case
- Responses from defendant: Depending on your state, defendants will usually have thirty days to respond to the written complaint. Your attorney will decide how best to respond to the defendant’s claims.
- Discovery: During discovery, both lawyers will gather information relating to your case. Though this period can take several months, your lawyer can ask to expedite the process depending on your condition.
- Settlement: The defendant may opt to settle out of court. Your attorney will consult with you regarding whether or not you should accept the settlement or go to trial.
- Trial: It may not even be necessary for you to appear in court if the case goes to trial. If successful, you will typically start receiving payments a few months after the trial.
- Appeal: The defendant may choose to file an appeal if you win, and must do so typically within 30-180 days following the verdict. Your lawyer will help guide you through the appeals process.
Galier’s case was successful due partly to the fact that he hired a mesothelioma attorney shortly after receiving his diagnosis, since each state limits the time a claimant has to file a lawsuit following their diagnosis. However, this kind of case is uncommon considering that most mesothelioma lawsuits never go to trial, but are often settled out of court before the trial takes place.
Contact a Florida Asbestos Cancer Lawyer
If you’ve been diagnosed with asbestos cancer, contact the Law Offices of Casey D. Shomo to find out how to get the compensation you need. For a free consultation with a Florida mesothelioma lawyer, call 561-659-6366 or complete the contact form on this page.