Working Through The Mesothelioma Claims Process
Cooper, Hart, Leggiero & Whitehead will do most of the work for you. We want you to be able to relax and tend to other concerns while we go after your settlement.
The process starts with your confirming pathology report that shows you have mesothelioma or lung cancer. In the case of deceased patients, documentation that the person had one of those forma of cancer is required. This medical documentation is needed so that the defendants can’t contest the claim on the basis that the litigant doesn’t have mesothelioma or lung cancer.
We then schedule a convenient time for our lawyer to meet with you. We usually conduct this meeting at your home, although other locations can be arranged if you prefer. Our lawyer will listen to your story. This is not a legal deposition. It is a discussion about your exposure to asbestos and subsequent medical conditions. We’ll want to know where and when you worked, your experience with asbestos in the home, and the onset of medical problems.
Don’t worry if you can’t remember the exact details of your exposure during this first meeting. The cancer latency period is very long. People typically don’t come down with the disease until 20 to 50 years after exposure, so it is common for memories to be a little fuzzy. Our lawyers have experience with mesothelioma and lung cancer patients, so they will know what kind of questions to ask and can help you determine which points of your history are relevant to your case.
After hearing your story, we can give you a preliminary idea of your prospects for compensation. At this point there is no obligation to you. The cost for our attorney’s visit is entirely our responsibility. You have the option of hiring us to represent you. If you choose to do so, the cost for the trip will be an expense for your case.
If you hire us, we will do a more extensive analysis of your case back at our office. We will craft a legal strategy that is unique to your case – based on your history and situation. These are not one-size-fits-all cases for us. We may have to ask you to find some more information about your background, but generally we do most of the work for you. Our overall goal is always to take the burden off you and minimize your stress.
For most clients, we send a paralegal professional to your location for a second visit. This will be a product identification session, where you will be shown pictures of asbestos products and asked which ones you came into contact with. We have a comprehensive list of asbestos products with information about where and when they were used and which corporation made them. Even though it has been decades since contact, our clients typically can remember which asbestos products they came into contact with.
Our legal strategy will determine which asbestos corporations are at fault, which ones are worth pursuing, and in which jurisdiction. This is where our extensive experience is very valuable to you. We can identify the corporations with the deepest pockets and the state where your claim should be filed (this is not always the state you live in now).
Our representative typically makes a third visit to your home to get a formal deposition. This is a formal legal statement needed for the litigation process to go ahead.
The length of time before you receive a payment varies from individual to individual, depending on the defendants in your case and your circumstances. Many of our clients get settlements in phases rather than all at once.
However, CHLW excels at getting a portion of the settlement to our clients faster than other firms. We attempt to ensure that our clients can get meaningful resources so they can take charge of their lives.