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You Are Here: Mesothelioma Legal Blog > 2008 > November
 
   

Archive for November, 2008

Finding an Attorney – Be an Informed Consumer

Monday, November 24th, 2008

Lawyers get a bad rap—you’ve heard all those lawyer jokes. And frankly, some attorneys deserve it.  On the other hand, there are lawyers out there defending their clients with professionalism, experience and integrity.  But how does the average consumer know the difference?

It’s likely you wouldn’t feel comfortable having a family doctor perform your brain surgery.  In law, as in medicine, there are specialties.  You want to make certain that the lawyer you choose to represent your mesothelioma case has specialized experience with cases like yours—and that they’re willing to demonstrate this with facts about their wins, losses, trials and settlements.

Educate yourself as much as you can about mesothelioma, the legal process, and about the mesothelioma lawyers you’re considering hiring.  If you’re the one that is sick, ask a trusted friend or family member to help you make an informed decision.

Also, make sure you feel comfortable with the lawyer and their staff.  It’s likely you’ll be dealing with them for months or even years, and you want them to be patient, compassionate, and dedicated to your situation—on top of being practiced and diligent with your case.

These links will also help you make an informed decision:

5 Most Important Questions to Ask a Mesothelioma Lawyer

Mesothelioma Attorney Choices

Mesothelioma Referral and Trial Attorneys

David and Goliath – Individuals Fight Against Corporate Wrongdoing

Sunday, November 16th, 2008

In the world we live in, it’s often the sad truth that the ones with the most money win.  But as mesothelioma attorneys, we often have the rewarding experience of seeing the “little guy” metaphorically knock down the corporate giant (although we like to consider our legal skills to be more sophisticated than a stone and a sling!)

Over the years, we’ve had the privilege of representing a number of clients who weren’t afraid to take on those they knew had done wrong and brought harm to themselves and their families.  And they doggedly pursued what they knew was right in the face of painful disease, exhausting medical treatments, and even the loss of their loved one.

Big name manufacturing conglomerates have paid a hefty price for their years of greed and negligence, and it’s the result of clients who believed right would triumph.

Mesothelioma Marketing – Whom Are You Talking To?

Saturday, November 8th, 2008

If you’re looking for an experienced mesothelioma trial lawyer and feel you have a strong case, but the firms you’ve talked to don’t seem to have much legal knowledge or plan to  pass your case to someone else, you might be dealing with a marketing company disguised as a mesothelioma law firm. Be cautious.

These firms spend big money on advertising meant to get you to sign with them.  Then, they pass you off to another firm.  Why?  They earn a referral fee, and in cases like mesothelioma, the fees can be quite large.  It is important to know whether the firm you speak with has the experience to take your case all the way through to trial.

We do receive client referrals from reputable firms that help clients find qualified and experienced legal representation.  However, overall, we recommend going directly to a mesothelioma trial lawyer as the first course of action.  And understand that companies with expensive, flashy ads and big promises may have their own financial gain as priority. Be knowledgeable and make sure the firm you choose is a firm with a track record of courtroom trial success.

Typical Tactics of Corporate Defense Lawyers

Wednesday, November 5th, 2008

In cases that involve illness or disease as a result of exposure to asbestos, benzene, pharmaceuticals or other dangerous substances, there are several tactics corporate defense lawyers typically use to try to win:

  1. Time—Defense lawyers know that the longer they can stall a case, the better chance they have to win.  This is because time interferes with people’s memory of facts relating to the case and gives the defendant more time to prepare.  Even more grim and malicious: corporate defense lawyers stall in hopes that the victim and/or key witnesses will die so that they can’t testify. That’s why it’s so important that victims contact us as soon as they’ve been diagnosed.
  2. Attacking the Plaintiff’s character—No one should be knowingly exposed to deadly chemicals.  Yet many corporate defense lawyers try to divert the jury’s attention away from their guilt by attacking the Plaintiff.  This tactic can backfire.  One such example is the case of Steven Pelley
  3. Hiring an Expert Witness—Many defense teams get “expert” witnesses to testify to support false claims that the product or substance the Plaintiff was exposed to isn’t really that harmful, that the exposure wasn’t enough to cause harm, or other such claims.

We have plenty of experience dealing with these and other tactics of corporate defense lawyers and anticipate and prepare for these underhanded methods before the trial.

Do You Have A Case?

Wednesday, November 5th, 2008

Most people who contact us want to know right away if we think they have a case.  There is no exact formula for deciding which cases will be successful and which won’t, but there are a number of factors that we consider:

  1. Do you know when you were exposed?  If so, for how long and what were the circumstances?
  2. Is there anyone that can corroborate your exposure?
  3. Did your employer/the manufacturer warn you about the effects of exposure and/or take steps to keep you safe?
  4. Have any of the companies involved been shown in other cases to have knowledge that their products were dangerous and/or have they been proven negligent?
  5. What illness or disease have you developed that you believe is a result of your exposure?  Why?
  6. What losses have you experienced as a result of your exposure?

In addition to these questions, there are many other things we consider when deciding if you have a case.  Even if we believe you have a strong case, we cannot make any promise or guarantee that you will win, and the law prohibits any lawyer from making such promises.

For a free consultation to discuss your case, contact us today.

 
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