Attorney? I Don't Know Anything About Hiring An Attorney!

Taking an asbestos injury case to court has become not only commonplace, but big business. In fact, these days it’s such an ordinary thing that most cases no longer even go to trial. They’re settled by negotiations between the attorneys, usually over the telephone or via email.

The thing is, the facts are so well known to the attorneys on both sides, that unless there’s something unusual or questionable about a person’s situation, then there’s no point in taking a case to trial. It only wastes the court’s time, irritates the judge, and causes inconvenience to a jury.

Points to consider
Most asbestos cases are on a fee-contingency basis—you only pay the attorney if you collect. So money shouldn’t be an issue in finding the best attorney for your particular case.

Because this is such a specialized field of law, make certain you hire an attorney who knows asbestos. Look at the attorney’s past record. Does she prefer to take her cases to trial? Especially if the case is a mesothelioma, there’s always the possibility of that big payoff verdict.

But the process takes a lot longer and there’s no promise of money at the end of that road. Even if you get the jury verdict, the company can always appeal, dragging out the process even further. Besides, it costs more to take a case to trial than to settle out of court. Does the attorney take those costs out of her share of the winnings, or does she expect you to foot part of the bill?

Or does an attorney prefer to settle out of court? That usually means less money overall. But the money is a lot more certain and it arrives in your bank account a lot quicker. If medical bills have begun to pile up, or if the victim is no longer able to work, then the quicker, more certain money could be the better bet. And settlement agreements can’t be appealed; once the papers are signed, notarized, and delivered, the money is yours.

Survivor cases
One type of asbestos injury case that almost always goes to trial is the wrongful death case. This is where the damage caused by asbestos was so severe that it caused the victim’s death. It’s usually a mesothelioma or particularly horrible lung cancer, but it can be any of the asbestos-related diseases. The point is, the person is dead, and the companies that made millions of dollars selling and using asbestos are responsible.

But even these cases aren’t guaranteed victories. It’s not enough to show that asbestos caused the victim’s pain and suffering or even death. You have to prove that company’s asbestos—their’s, not anyone else’s—was the killer.

To prove that can take a lot of digging on the attorney’s part. She and her staff will have to look at a lot of old records to piece together the history of a person who can no longer speak for himself. They’ll have to hunt down old coworkers, friends, bosses, salespeople, even delivery drivers who unloaded trucks full of asbestos products at a certain plant. For these cases, the attorney should be a fighter—but her staff should contain some hard workers.

Hiring an attorney is a big decision. Take some time over that decision, and choose well. In particular, find someone you can work with. You’ll both be happier for it.