How to Choose a Mesothelioma Lawyer

What to Look for in a Mesothelioma Lawyer

Key Takeaways

• Experience: Choose a firm that has handled 100+ mesothelioma cases with attorneys licensed in multiple states. Ask about their asbestos trust fund filing experience and how many cases they’ve personally tried.
• Case Results: Look for documented verdicts and settlements specifically in mesothelioma cases, not just general personal injury. Ask for specific dollar amounts and case types similar to yours.
• Cost: Mesothelioma lawyers work on contingency (typically 33% to 40%) and you pay nothing unless they win. Ask what costs they’ll deduct from your settlement.
• Free Consultation: Meet with two to three firms before deciding. Prepare a list of questions about their experience, timeline and approach to your case type.
• Questions to Ask: During your free consultation, ask how many mesothelioma cases the attorney has personally handled, what their trial-to-settlement ratio is and whether they have experience with asbestos trust fund claims.
• Red Flags: Avoid firms that guarantee specific outcomes, charge upfront fees or lack dedicated mesothelioma attorneys on staff.

Not every personal injury attorney is experienced in handling a mesothelioma case. These cases involve strict filing deadlines and asbestos exposure histories that can span decades. When you evaluate a mesothelioma lawyer, look beyond general personal injury experience and focus on asbestos litigation specifically.

Keys to a strong case:

• Asbestos trust fund filings: The attorney should have direct experience filing claims with asbestos bankruptcy trusts. More than 60 trusts exist and an experienced attorney knows how to identify and file with every trust relevant to your case.
• Case volume: Look for an attorney who has personally handled at least 100 mesothelioma cases, not just a firm that lists mesothelioma as a practice area.
• Multi-defendant experience: Asbestos exposure often involves multiple manufacturers and employers. Your attorney should have experience managing cases with multiple defendants simultaneously.
• MDL experience: Many asbestos cases consolidate into multidistrict litigation. Ask whether the attorney has experience in MDL proceedings.
• Trial experience: Some attorneys settle every case to avoid the courtroom. Ask whether your attorney has personally tried mesothelioma cases before a jury.

At Meirowitz & Wasserberg, our attorneys have handled more than 300 mesothelioma cases. We also have the asbestos trust fund experience to pursue every source of compensation available to you.

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How to Choose a Mesothelioma Lawyer

Verdicts and Settlement Results

Your attorney’s track record matters and it should reflect mesothelioma cases specifically, not just general personal injury wins. Ask for documented verdicts and settlements in cases similar to yours, including the same industry, type of exposure and asbestos products involved.

When you review a firm’s case history, ask:

• “Are these results specific to mesothelioma cases or mixed with other personal injury cases?”
• “Have you handled cases involving the same type of exposure or industry as mine?”
• “Can you share specific verdicts or settlements relevant to my situation?”

Mesothelioma settlements and verdicts typically range from $1 million to $1.4 million on average. Verdicts at trial can run significantly higher depending on exposure circumstances and the strength of the evidence. Use these figures as a benchmark when you evaluate a firm’s results.

Client Reviews and Testimonials

Online reviews and referrals give you a clearer picture of what it’s actually like to work with a firm. Look for detailed reviews that mention communication, case timelines and outcomes.

Check these sources when you research a firm:

• Avvo: Provides attorney ratings and client reviews specific to legal representation.
• BBB ratings: Shows complaint history and how the firm responds to client concerns.
• Google Reviews: Offers a broad range of client feedback across case types.
• Martindale-Hubbell: Provides peer and client ratings for attorneys.
• Super Lawyers: Recognizes attorneys who have earned high peer ratings in their practice area.

Beyond online reviews, look for referrals from mesothelioma support groups like the Mesothelioma Applied Research Foundation, cancer treatment centers, state bar association referral services and online legal directories. Former coworkers from the location where you suspect exposure occurred may have already hired attorneys and can offer firsthand recommendations. Your treating physician may also have connections to qualified attorneys in the community.

Ask the firm directly: “May I speak with a former mesothelioma client about their experience?” Reputable firms will say yes.

Red Flags When Evaluating a Mesothelioma Law Firm

Not every firm that handles mesothelioma cases has the experience or ethics your case deserves. Watch for these warning signs before you sign anything.

1. Charges upfront fees. Legitimate mesothelioma firms always work on contingency. Any request for a retainer or upfront payment is a serious warning sign.
2. Guarantees specific outcomes. No ethical attorney can promise a specific settlement amount. Walk away from anyone who guarantees results.
3. Lacks dedicated mesothelioma attorneys. General personal injury firms that “also handle” mesothelioma cases may lack the specialized knowledge your case requires.
4. Outsources mesothelioma cases. Some firms sign clients and then refer the case to another firm for a referral fee. Ask directly: “Will your firm handle my case, or will it go to another firm?”
5. Poor communication during the consultation. If a firm is hard to reach or unresponsive before they have your case, that won’t improve afterward.
6. Pressures you to sign immediately. You should have time to research, consult with multiple firms and make an informed decision.
7. Refuses to share case results. Transparent firms are proud of their track record. Reluctance to discuss verdicts and settlements is a concern.

The American Bar Association offers additional guidance on what to expect from ethical legal representation. Their resources can help you verify an attorney’s credentials and understand your rights as a client.

How Much Does a Mesothelioma Lawyer Cost?

Most mesothelioma attorneys work on contingency, meaning you pay nothing unless your case resolves in your favor. Fee structures, cost responsibilities and what contingency covers vary from firm to firm.

How Contingency Fees Work

The firm covers all costs upfront and takes its fee as a percentage of your final settlement or verdict. This model protects families who can’t afford to pay legal fees out of pocket while facing a serious diagnosis. It also means your attorney is directly motivated to maximize your recovery, because their fee depends on it.

Typical Contingency Fee Percentages

Most mesothelioma attorneys charge between 33% and 40% of the total recovery. The exact percentage can vary based on the complexity of your case and whether it settles or goes to trial. Trial cases sometimes carry a higher percentage because they require more time and resources. Always confirm the exact percentage with your attorney before you sign a retainer agreement.

Costs Beyond Attorney Fees

People diagnosed with asbestos-related illnesses have several legal paths available. You can file a personal injury lawsuit, a wrongful death claim or an asbestos trust fund claim. Each path has different requirements and timelines, so it’s important to understand your options early.

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How Much Does it Cost to Hire a Mesothelioma Attorney

Types of Mesothelioma Compensation Available

An experienced mesothelioma attorney pursues multiple compensation sources at the same time. Depending on your situation, you may qualify for more than one of the following options.

• Asbestos trust fund claims: More than 60 bankruptcy trusts hold more than $30 billion for people diagnosed with asbestos-related diseases. Your attorney files claims with every trust relevant to your exposure history.
• Personal injury lawsuits: Filed against manufacturers, employers or premises owners responsible for your asbestos exposure.
• VA benefits: Veterans exposed to asbestos during military service may qualify for disability compensation and healthcare benefits.
• Wrongful death lawsuits: Family members can file after a patient passes away. Different statutes of limitations apply, so contact an attorney promptly.

A specialized mesothelioma attorney will identify every source of compensation available to you and pursue them at the same time. Firms without that specialization may miss options that could significantly affect your outcome.

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The Mesothelioma Lawsuit Process: What to Expect

Filing a mesothelioma lawsuit follows a predictable sequence from case evaluation through resolution. Your attorney manages the legal work at each stage while keeping you informed throughout the process.

1. Free case evaluation: Your attorney reviews your exposure history, diagnosis and employment records to determine the strength of your case and identify responsible parties.
2. Investigation and case building: The firm identifies responsible companies, gathers evidence and locates witnesses. Your attorney will work to reconstruct your asbestos exposure history, even if it goes back decades.
3. Filing: Your attorney files your lawsuit in the most advantageous jurisdiction and submits trust fund claims at the same time.
4. Discovery and negotiation: Both sides exchange evidence. You may need to give a deposition. Many mesothelioma cases reach a settlement at this stage.
5. Resolution: Most mesothelioma lawsuits resolve within 12 to 18 months. Trust fund claims often resolve faster, typically within three to six months.

The process moves quickly once you have the right attorney on your side. The sooner you file, the sooner your family can focus on what matters most.

Why Families Choose Meirowitz & Wasserberg

When you’re facing a mesothelioma diagnosis, you need a firm with the experience, resources and track record to fight for everything you deserve. Our case results include more than $800 million recovered for clients across the country, including cases that other firms turned down.

Our Mesothelioma Case Results

• $32M+: Secondhand asbestos exposure case, one of the largest verdicts of its kind.
• $18M: Mesothelioma diagnosis linked to talcum powder exposure.
• $5.5M: Navy boiler tender and power company employee with decades of asbestos exposure.
• $4M+: Puerto Rican sugar mill mechanic whose case another firm had declined.
• $2.3M+: School custodian who couldn’t identify the manufacturers responsible, a case another firm said couldn’t be won.

Samuel Meirowitz spent four years as a Bronx DA prosecutor before becoming a trial attorney. He’s a Top 100 Trial Lawyer and Super Lawyers Rising Star, the attorney other lawyers call when a case needs a fighter.

Daniel Wasserberg leads the national asbestos practice and has personally handled hundreds of mesothelioma cases. He holds licenses in TX, NY, NJ and IL and has earned recognition as a Top 10 Mesothelioma Lawyer. Together, they lead a team of 16+ attorneys across 10+ offices in 8 states.

How do I find the best mesothelioma attorney?

Look for an attorney with extensive experience specifically in mesothelioma and asbestos litigation, not just general personal injury. Evaluate their case results, client reviews, firm resources and whether they work on a contingency fee basis. Meet with two to three firms before deciding.

How much does a mesothelioma lawyer cost?

Most mesothelioma lawyers work on a contingency fee basis, meaning you pay nothing upfront and no fees unless you receive compensation. Typical contingency fees range from 33% to 40% of the total recovery. The firm usually advances case costs like filing fees, expert witnesses and travel and are deducted from the final award.

How long does a mesothelioma lawsuit take?

Most mesothelioma lawsuits resolve within 12 to 18 months, though timelines vary by jurisdiction and case complexity. Asbestos trust fund claims often resolve faster, typically within three to six months. Courts frequently expedite mesothelioma cases given the severity of the diagnosis.

Can I file a mesothelioma lawsuit if the patient has passed away?

Yes. Family members can file a wrongful death lawsuit after a loved one dies of mesothelioma. The statute of limitations for wrongful death claims differs from personal injury claims and varies by state, so consult an attorney as soon as possible.

What is the statute of limitations for mesothelioma?

Statutes of limitations for mesothelioma lawsuits vary by state, typically ranging from one to six years from the date of diagnosis. Some states have special provisions for asbestos-related diseases. An experienced mesothelioma attorney can determine the filing deadlines that apply to your specific situation.

Can I switch mesothelioma lawyers?

Yes, you have the right to change attorneys at any time if you’re unsatisfied with your representation. Your new attorney will typically work with your former attorney to transfer the case file. Any fees owed to the original firm are usually resolved between the attorneys without additional cost to you.

What is the average mesothelioma settlement amount?

Mesothelioma settlements typically range from $1 million to $1.4 million on average, though amounts vary based on exposure history, defendants involved, medical expenses and lost wages. Verdicts at trial can run significantly higher.

Can I still file a claim if I was exposed to asbestos decades ago?

Yes. Mesothelioma has a latency period of 20 to 60 years, meaning many patients receive a diagnosis decades after their exposure. The statute of limitations for mesothelioma typically starts at the date of diagnosis, not the date of exposure. An experienced asbestos attorney can help reconstruct your exposure history even from decades ago.

Schedule a Free Mesothelioma Case Evaluation

A mesothelioma diagnosis is overwhelming, but you don’t have to navigate the legal process alone. Our attorneys are ready to review your case, answer your questions and help you understand your options at no cost and no obligation.

At Meirowitz & Wasserberg, we’re available 24 hours a day, seven days a week. We offer consultations in Spanish and 14 additional languages, so language is never a barrier to getting the help you need. There’s no fee unless we win your case.

Even if another firm has turned down your case, we may still be able to help. Our attorneys have won millions for families in cases other firms said couldn’t be won.

Call us or fill out our online form for a free, no-obligation case evaluation. Contact Us for a Free Consultation.

About The Author

Daniel Wasserberg

Founding Partner

Daniel Wasserberg, a founding partner of Meirowitz & Wasserberg, is a Best Lawyers-recognized and Super Lawyers-rated mesothelioma attorney with over 20 years of experience. Named a Top 100 Trial Lawyer and Top 10 Asbestos-Mesothelioma Lawyer, he leads the firm's national asbestos practice.