How to Choose a Mesothelioma Lawyer in Texas
Choosing a Mesothelioma Lawyer in Texas
Mesothelioma, also known as malignant mesothelioma, is a rare form of cancer that affects the tissues that line several internal organs in the pleura or peritoneum. The pleura and the peritoneum are thin layers of tissue that line the lungs, chest cavity, and abdominal cavity. The testicle and the pericardium (the tissue surrounding the heart) may also be affected by mesothelioma. However, this rarely occurs.
In Texas, workers or residents who have worked or lived close to places with large asbestos deposits are likely to be diagnosed with mesothelioma. Asbestos is introduced into a person's system when tiny needle-like fibres are dispersed into the air during processes involving the breaking or the destruction of asbestos or asbestos products. It can take approximately 15 to 40 years before symptoms of mesothelioma occur, which often makes diagnosing a patient difficult. More often than not, mesothelioma is a terminal medical condition, and it is impossible to cure.
Following the discovery of asbestos, Texas mesothelioma and asbestos laws were enacted. These laws offer mesothelioma victims a legal means to receive compensation for injuries sustained due to asbestos exposure. Essentially, a mesothelioma lawsuit involves a claimant filing for damages due to the development of an underlined disease due to hazardous working conditions, dodgy practices, or negligence of an employer leading to these individuals being exposed to asbestos.
Mesothelioma lawyers specialise in the representation of plaintiffs in mesothelioma lawsuits. When filing a mesothelioma lawsuit, several advantages come with hiring a mesothelioma lawyer. This includes a higher chance of winning the case, the relief of not gathering information and evidence to support one's claims, lacking the need to defend oneself, and not needing to study and understand the complexity of state and federal laws in mesothelioma lawsuits.
Before filing a mesothelioma lawsuit in Texas, it is essential to take note of the state's statutes of limitation. In Texas, individuals may file a personal injury or wrongful death claim. A personal injury claim would need to be filed by the asbestos exposure victim, while a wrongful death claim is typically filed by a surviving loved one or representative of the victim. Per state law, claims must be filed within two years after a mesothelioma diagnosis or the death of a victim from mesothelioma. Aside from filing for a mesothelioma lawsuit, certain eligible persons may also file other claims such as an asbestos trust fund or a veterans benefits claim.
Like other civil cases involving litigants filing for damages, mesothelioma cases involve a plaintiff and a defendant. The plaintiff is usually the asbestos exposure victim or the victim's family. The defendant would be the entity (usually a corporation or an employer) responsible for the victim's exposure to asbestos as a result of unsafe working conditions or negligence.
What Does a Mesothelioma Lawyer Do?
A mesothelioma lawyer is a legal representative or practitioner specialising in asbestos exposure cases. A mesothelioma lawyer also helps solicit compensation for asbestos exposure victims or their families through litigation by utilising settlements and mesothelioma claims to retrieve these compensations. Like other civil lawsuit cases involving claims, a mesothelioma lawyer helps recover damages for an injured party or ensures that a defaulting party excuses their responsibilities in an arrangement. However, unlike other civil procedures attorneys, a mesothelioma lawyer only files lawsuits in cases involving asbestos exposure or against entities (usually a corporation) that handle or deal with asbestos. A mesothelioma lawyer also files claims such as asbestos trust funds or veterans benefits claims.
Mesothelioma lawyers are well informed on asbestos-related products, and they have intimate knowledge of these products, asbestos-related diseases, asbestos impact on human health, and legal processes of these types of cases. They are also knowledgeable about the history of asbestos exposure in their state of practice. These lawyers are well equipped with the expertise needed to effectively defend asbestos exposure cases and provide relevant information and evidence to support their client's claim. The retrieval of this evidence involves investigations to determine where their client was exposed to asbestos through the provision of admissible medical records to back up their client's claims. As a result, mesothelioma lawyers are proficient at filing claims that have a higher chance of a judgement being passed in their claimant's favour.
Why Hire a Texas Mesothelioma Lawyer?
Hiring a texas mesothelioma lawyer is often in the best interest of any claimant that intends to file a mesothelioma lawsuit or any related claims in the state. Although state laws allow litigants to represent themselves in court, a mesothelioma lawyer provides expert knowledge about court processes and legal actions that could determine a claim's viability in court. These legal representatives also provide first-hand experience from past cases and the expertise needed for the entirety of a legal claim process.
Seeking legal advice from a reputable law firm specialising in mesothelioma claims can also benefit litigants. This helps reduce the need for outsourcing some aspects of a claim, such as medical reports used to support a claim. This is because mesothelioma lawyers and firms, unlike other general firms or lawyers, have well-cultivated relationships with credible professionals and experts through their years of operations. These professionals and experts include and are not limited to medical specialists, industrial hygienists, and other medical professionals that can provide and verify various evidence of a plaintiff's claims. Hence, seeking advice from mesothelioma lawyers or law firms helps reduce and eliminate errors during a mesothelioma claim-filing process.
Ultimately, different states, including Texas, have particular laws governing the litigation of mesothelioma cases. In Texas, these laws are found in the Civil Practice and Remedies Code, Title 15, Chapter 90. A Texas Mesothelioma lawyer is usually well informed on these laws and legal practices. These laws must be adhered to when handling mesothelioma cases. Thus, the need for a Texas mesothelioma lawyer.
How to Choose a Mesothelioma Lawyer in Texas
When choosing a mesothelioma lawyer in Texas, several factors must be considered to have a higher chance of winning a claim. Winning a mesothelioma claim may be essential in covering medical expenses and compensation for the loss of a family member. Some factors to be considered in the selection of a mesothelioma lawyer or law firm includes:
Degree of comfort: The degree of a plaintiff's comfort with their lawyer or law firm plays a crucial role in their ability to work together to win their case. This is because mesothelioma claims often result in several personal information regarding a plaintiff being needed to be disclosed to their legal representative. This may include specific medical records or details of the plaintiff's lives that they may find embarrassing and may want to withhold if they are not comfortable enough. Hence, plaintiffs must select an attorney or law firm with whom they feel comfortable sharing their personal information.
Credentials: The experience and records of a mesothelioma lawyer or law firm must be taken into consideration when selecting a legal representative. The higher the number of years a mesothelioma lawyer or law firm has been in operation also helps to validate their experience level. Choosing a more experienced legal representative helps in reducing the chances of mistakes occurring and increases the plausibility of a claimant winning their claim.
Fees: There is no general fixed rate for the cost of hiring a mesothelioma lawyer or law firm. Fees may vary by different legal representatives. Most law firms are structured differently in terms of staff and other relevant resources. Choosing an affordable legal representative helps in avoiding the possibility of falling into debt in a situation where an unfavourable judgement is entered against a plaintiff at the end of their claim.
Location: The location of a mesothelioma lawyer or law firm must also be taken into consideration when selecting legal representation. The location of the lawyer or law firm can determine the availability of the legal representative in attending physical meetings and obtaining quicker feedback. Note that, in certain cases, a plaintiff may also be billed for the travel expenses of their legal representative.
How Much Do Texas Mesothelioma Lawyers Charge?
In Texas, mesothelioma lawyers and law firms' charges vary by different legal representatives based on their in-house pricing policies. As a result, a generalised fee can not be defined. However, lawyers and firms alike do follow a similar system of pricing:
Consultation fee: a consultation fee is paid to a legal representative by a plaintiff to have their case reviewed to determine whether the legal practitioner can assist the plaintiff in defending their claims. However, In most cases, these fees are often waived. When making an appointment with a legal practitioner, It is always important to ask if any fee would be owed for consultation.
Attorney fees: Attorney fees also known as legal fees are the compensation paid to a lawyer or law firm for the legal services rendered for the duration in which services were rendered. This fee covers labour charges and costs from the start to the disposal of a case or up to when the legal representative is dismissed by a litigant. Depending on the arrangement made between a litigant and their legal representative, attorney fees may be charged at an hourly rate, flat rate, or based on a contingent fee. A contingency fee is a term used to describe the fee paid to an attorney or a law firm provided the case in which they are the legal representative is won.
Travelling expense: travelling expenses cover the cost of an attorney in terms of transportation to move to see a litigant and gather evidence. Depending on whether the hired attorney resides outside the country or the mesothelioma law firm provides interstate legal services, travelling expenses may be considerably high. However, these fees may be waived by some firms and attorneys.
How to Find a Mesothelioma Lawyer in Texas
There are several ways of searching for mesothelioma lawyers and law firms in Texas. However, it is essential to note that most mesothelioma attorneys in the state work under firms with other attorneys operating in similar fields. As a result, it is often best to approach these mesothelioma firms when seeking legal representation in related cases.
Due to the increased numbers of mesothelioma cases in Texas, there are several mesothelioma firms. These firms may operate within a county, city, or state. Other firms may have offices scattered across Texas counties or work nationwide while having offices in different states, including Texas.
Most mesothelioma attorneys and firms usually maintain an internet presence. Their web pages typically feature their contact information such as telephone numbers and email addresses, the firm or attorney's practice history, description of the firm or attorney, and other relevant information regarding the mesothelioma law firms and associate attorneys. As a result of this internet presence, relevant firms and attorneys may be looked up or found online by performing web searches using keywords such as "mesothelioma law firms or lawyers" with terms such as "Texas", or the name of a specific Texan county or city i.e "El Paso county" and "Lewisville". Performing this type of web search generates a list result that directs the searcher to different law firms and attorney's web pages that are relevant to the keywords provided.
Using the find a lawyer page on the State Bar of Texas web page may help in performing a more accurate search. Several fields are provided on the search page to make searches as specific and relevant as possible. However, only a single field is required to be filled when performing a search. The state bar is responsible for regulating legal activities in the state as enumerated in Section 81.012 of the State Bar Act. The state bar also maintains a record of licensed lawyers and firms to practice in the state, their area of expertise, languages they speak, accommodations, locations, and certifications.
Some third-party websites also maintain independent directories of lawyers and firms practising in the state. In these directories, practitioners and firms are categorised by the cities/counties they practice and the type of cases they specialise in for easy identification by users. Depending on the third-party site, this information may be freely viewed, or payment of a fee may be required to access their directory. Notwithstanding, the information provided by these sites may be subject to unexpected change and are rarely updated.
