Thursday, December 13, 2007

Mesothelioma Lawyer


Every year, thousands of individuals are diagnosed with malignant mesothelioma - a rare form of cancer that affects the lining of the heart, lungs, and abdominal cavity and is primarily attributable to asbestos exposure . Asbestos is a fibrous mineral that was commonly used prior to the 1970s in building materials and a number of consumer products. Health and government officials now deem asbestos a carcinogen and strictly regulate its use.

Unfortunately, symptoms of mesothelioma often take decades to appear. And the prognosis for individuals with mesothelioma tends to be poor since the cancer has already progressed to advanced stages by the time they are diagnosed.

People who have developed mesothelioma as a result of asbestos-exposure may be eligible to seek compensation for their losses through a mesothelioma lawsuit . If you or a loved one suffers from mesothelioma because of asbestos exposure, a qualified mesothelioma lawyer can help you understand and maximize your legal rights.

Why Contact A Mesothelioma Lawyer?

A qualified mesothelioma lawyer can evaluate your claim and provide you with competent legal counsel. You may be entitled to seek financial assistance to compensate your damages, in which case a mesothelioma lawyer can litigate your case.

Over the years, mesothelioma lawyers have helped their clients recover millions of dollars in compensation for losses suffered. With the help of a mesothelioma lawyer, you may be able to recover both economic and non-economic damages including: lost wages and earning capacity, medical expenses, pain and suffering, and more.

If you or someone you love has developed mesothelioma as a result of asbestos-exposure, you do not have to suffer in vain. Our mesothelioma attorneys have a wealth of experience litigating asbestos-related cases and can help you bring responsible parties to justice. Also, our mesothelioma lawyers work on a "contingency fee" basis, which means that they work for free unless your case is successfully resolved.

Please contact us today for a FREE consultation with one of our experienced mesothelioma lawyers who can ensure that your legal rights are protected.

MESOTHELIOMA ATTORNEY CHOICES


Deciding who should represent you and your case is one of the most critically important decisions that you might ever make, and could mean the difference between success and failure.
You need, and are entitled to, an experienced mesothelioma attorney who has a track record of success in mesothelioma lawsuits on your side through the entire claim process. You also should expect personal service and individuals committed to your case. We will meet you personally and immediately in your home or office. Let us show you why we are best suited to represent you in a mesothelioma case.

Understanding Your Legal Rights


When you are faced with something as devastating as a Mesothelioma diagnosis, you have a right to seek answers about why you weren’t forewarned of the dangers of asbestos, and you have the right to seek reparations for you and your family. If you are a grieving family member or executor of the will of a person who has died from asbestos-related disease or mesothelioma, you may be eligible to file a claim as well.

Legal details are understandably the last thing that someone wants to confront after the initial shock of an asbestos-related illness. However, taking advantage of your legal rights can create the necessary funds to finance aggressive treatment, pay off huge medical bills incurred during diagnosis, and provide financial security for your family for years to come.

Understanding your legal rights is the first step towards receiving atonement for the grievous and unjust negligence that led to you or your loved one becoming so ill. Although money could never rectify the devastating harms already done, a victory can provide emotional closure and make sure that your family is protected financially as well. Don't be intimidated by powerful companies who jeopardized your safety - contact an experienced mesothelioma lawyer today who can help you understand and protect your legal rights today.

Friday, October 12, 2007

mesothelioma lawyer


Mesothelioma is one of the deadliest diseases known to man; the average life span of an inflicted person from the time of diagnosis until death is less than 24 months. It’s a disease that strikes approximately 3,000 United States citizens each and every year; hard working people who have labored for a lifetime to provide for their families, doing the work that keeps this country running and a great place to live. They worked in factories, at shipyards, in mines, for the US military, as engineers, as pipefitters, as steel workers, as auto mechanics, and in so many other professions. They came home to their loved ones exhausted and covered in dirt and dust; tired, but content that they had a job and were providing for their family. Content that they were putting food on the table and a house over their loved one’s heads. Content that they were working to make a better life for their families in this generation and the next...

But what they didn’t know was that while they were working so hard, they were not only slowly killing themselves, but those that they were working so hard to help; their family, their loved ones.

Mesothelioma is a disease that is almost 100% preventable; the only known cause is via exposure to the deadly mineral Asbestos. It comes from inhaling the particles of dust as the asbestos degrades; eating away at the lining of your lungs and developing into a deadly cancer. Dust that was inhaled in clouds of white powder, dust that was carried home on the clothes of the men who built this country, dust that was cleaned from the clothes by the wives and children who supported their sole provider at home, dust that was packed around the heating systems in houses and offices and schools, dust that carried a deadly price; and dust made a fortune in blood money for the companies that produced it.

Unfortunately, the effects of asbestos on the human body were known to be deadly for years by the companies who employed the ‘greatest generation’ and made hundreds of millions, if not billions, of dollars off of their backs. But instead of taking simple steps to alleviate the problem and save the lives of thousands of their workers, they choose to do nothing and continue to make a “healthy” profit with a “deadly” product. Many even went so far as to hide the truth from their workers and their families. And because the normal latency period for Mesothelioma (The time from exposure until the patient falls ill) is 20 to 30 years, many got away with this for years. We are only now beginning to see the full effects of the disease, and feel the terrible outcry of the people against those who put profits before human lives to a degree that is simply unfathomable.

MesoLink.org is a site created to provide you with up to date information on the deadly disease Mesothelioma. We strive to provide the most complete overview of the disease and all aspects of it. This includes general information on the disease, breaking news on the search for a cure and perspective legislation designed to limit you as well as all other news on the subject, links to other sites and online resources that can provide important and in-depth Mesothelioma and cancer related information, and a legal guide to help you with the complex legal issues involved with Mesothelioma.

Five Steps to Selecting the Right Mesothelioma Attorney


Selecting an attorney to represent you in a mesothelioma or asbestos lawsuit is an important decision that should be made carefully. Below are five points to consider when making that decision:

1) Ignore the Ads

Many asbestos lawyers advertise on television, however, you should not use a TV commercial as the reason to hire an attorney. Actual credentials are what counts. For example, what type of accomplishments has the lawyer achieved? How committed are they to cancer cases? How many other cases have they handled? Many of the best firms do not advertise much because they do not have to.

2) Bigger is Not Better

Big law firms with lots of money and lawyers are not always the best choice for a client. At larger firms, a client may be handed-off to paralegals and younger staff attorneys. (The "big guns" are the ones who show up in court if the case ends up going there. But, most asbestos cases are settled out of court.) You don't want a young lawyer to "learn the ropes" at your expense. It's best to find experienced lawyers who will personally handle your case regardless of the size of their offices or staff. In addition, the lawyer or law firm you choose does not have to be in the same state as you. Most lawyers are able to practice in any state for a specific case.

3) Understand Fees

Contingency is the term that means that the lawyer gets paid only after they collect money for you. Nearly all asbestos related lawsuits are handled on a contingency basis. The amount of the contingency fee that your lawyer can charge varies by state. It is usually between 33% and 40% of the amount that is awarded to you after expenses are deducted. It is important to discuss fees openly, ask what services they cover, and whether there will be any extra charges.

4) Trusted Partner

For something as important as a mesothelioma lawsuit, your attorney should not only be experienced, skilled, and dedicated, but also a trusted partner who keeps you well informed. You have the right to know and understand every step of the legal process and to be included in key decisions about your case. You should ask a potential attorney to explain how they intend to include you in the decision-making.

5) Warning Signs

Finally, here are three warning signs that an attorney may not be right for you:

1. The lawyer is hard to reach, does not return calls promptly, or your calls are returned by someone else.
2. The lawyer seems uninterested in your opinions.
3. The lawyer asks you questions that make you doubt their competence or experience.

Thursday, October 11, 2007

A Mesothelioma Lawyers and Mesothelioma Lawsuits brief history


Motley Rice lawyers have been representing asbestos and mesothelioma victims for over 25 years. Involvement with asbestos and mesothelioma litigation over such a long timespan has meant that Motley Rice's own history is entwined with it like no other law firm.

The history of the law firm's practice in asbestos and mesothelioma litigation also demonstrates the special pioneering efforts of Ron Motley and his partners.

In the spring of 1976, a request was made for Ron Motley, dubbed by the American Lawyer as the "Man who took on Manville", to become involved as local counsel in personal injury lawsuits on behalf of insulation workers who had contracted asbestos-related diseases as the result of exposure to asbestos in South Carolina. Motley agreed, and within a matter of weeks had a 17 case inventory.

In November 1977, Ron Motley and former law partner Terry Richardson tried their first asbestos case in federal court in Aiken, South Carolina. The case ended in a verdict for the defense. The second case, another loss, was tried in the spring of 1978.

Around the same time these cases were being tried, the infamous "Sumner Simpson" papers, internal company documents dating to the late 1920's and early 1930's demonstrating manufacturer knowledge of the hazards of asbestos, were being reviewed by another plaintiffs' lawyer in New Jersey. Ron Motley secured the documents, and on the basis of the newly discovered evidence, sought and was granted a new trial in the mesothelioma case he lost earlier in the spring. The motion was granted and the case subsequently settled.

Undaunted by the losses and buoyed by the settlement, as well as by the emerging evidence of asbestos industry wrongdoing, the law firm began a tenacious discovery effort against the defendants. The law firm also set out to locate potential asbestos and mesothelioma experts, concentrating on historical medical experts who were practicing in the fields that encountered and treated the victims of asbestos-related diseases, such as mesothelioma. Efforts were also made to locate individuals who had been consultants to the asbestos-manufacturing defendants.

The small South Carolina practice quickly evolved into a multi-state one. Law firms throughout the country associated with Motley Rice to tap into the law firm's expanding inventory of medical and liability information. The law firm won its first asbestos court case in the summer of 1981 in Jacksonville, Florida when the jury returned a $1.85 million verdict in favor of Edward Janssens, a Navy boiler room technician diagnosed with asbestosis following exposure to asbestos onboard ships.

The law firm's case inventory continued to expand to include asbestos victims who had been exposed in a variety of trades, including insulation workers, plant workers, shipyard workers, boilermakers, steamfitters, pipefitters, railroad workers, brake mechanics and sheetmetal workers. The ever expanding knowledge of asbestos and mesothelioma by lawyers within the law firm led to them concentrating their efforts preparing particular aspects of the cases, e.g., medical issues, defendant liability issues, legal issues and exposure issues. Although the law firm of Motley Rice continued to try individual cases, the growing number of individuals affected by asbestos diseases such as mesothelioma who were seeking legal redress for their injuries soon demonstrated that case-by-case resolution was too slow.

Initially the Motley Rice lawyers attempted to facilitate the asbestos litigation through administrative segregation. Courts set up special dockets for asbestos cases only. Motions were filed urging courts to adopt case management orders establishing special procedures for handling the asbestos cases. Many courts instituted use of standardized interrogatories and requests for production to facilitate the discovery process. Depositions of witnesses were limited and the courts allowed the use of expert testimony in one case to be utilized in other cases, thereby obviating the expense and aggravation of repeated interrogation of witnesses regarding the same subject matter. Parameters were established for the taking of plaintiff depositions, ensuring that they were accomplished in a timely fashion and likewise restricting the opportunity for discovery abuses.

Motley Rice lawyers successfully advocated to a federal judge in Savannah, Georgia that cases involving similar injuries arising from the same conduct should be properly consolidated for trial under Rule 42(a) of the Federal Rules of Civil Procedure. With 44 cases pending in the U.S. District Court in Savannah, Georgia in 1982, Motley Rice was granted a motion for a common issue consolidated trial on behalf of four asbestos victims (the defendants appealed the consolidation and the District Court's decision to allow consolidation was ultimately affirmed by the Eleventh Circuit in 1985). The attorneys made the determination to take this novel approach, given the sheer magnitude of the number of individuals who had contracted asbestos-related diseases. Trying each action individually would have certainly delayed, to the point of denying in some instances, the asbestos victim's day in court.

Once the precedent for Rule 42(a) consolidation was established, motions for consolidation for asbestos and mesothelioma cases were filed in a number of jurisdictions. It soon became apparent that even multi-plaintiff consolidations would not end the backlog and ensure the expedient and proper disposition of the massive number of cases concerning asbestos and mesothelioma that lawyers had been asked to file across the country. In Texas, particularly, the court docket in the Beaumont Division of the Eastern District of Texas had grown to over 3,000 pending asbestos cases. That court tried various methods of dispute resolution and, in February 1989, ordered that all pending asbestos and mesotheliomna lawsuits be consolidated for discovery and trial on the issues of liability and punitive damages.

Taking the Texas lead, Motley Rice urged the court in West Virginia to consolidate 315 cases on liability and punitive damages issues. The court agreed, and in the spring of 1989 Motley Rice clients received the first punitive damages award in a common issue trial for asbestos victims. Soon thereafter, in January 1990, Motley Rice was enlisted to assist in the Texas common issues liability trial for 3,031 asbestos plaintiffs in Texas.

In January 1992, the law firm of Motley Rice was associated to try a similar case in Baltimore City Court on behalf of 8,549 plaintiffs. Following the Baltimore verdict, the same issues were presented to juries in Mississippi (9,000 plaintiffs) and West Virginia (Mass II - 2,025 plaintiffs and Mass III - 8,270 plaintiffs). In each of these common issue liability cases, verdicts were returned against the asbestos industry defendants. The punitive damages finding was determined on behalf of over 31,000 plaintiffs.

Motley Rice lawyers entered into discussions with lawyers for the asbestos defendants to attempt to come to some meaningful alternative resolution to the asbestos litigation crisis. No "global resolution" could be reached and in January 1993, Motley Rice lawyers and certain asbestos defendants agreed to file and simultaneously settle a class action lawsuit intended to resolve between 250,000 and 2,000,000 asbestos claims. The settlement has been meticulously scrutinized by the courts, and while the settlement class was ultimately rejected by the Third Circuit Court of Appeals (a decision that was later affirmed by the U.S. Supreme Court), the Third Circuit in its opinion acknowledged:

The settlement . . . was not crafted overnight. Indeed, more than a case, this is a saga, reflecting the efforts of creative lawyers and an extremely able district judge to deal with the asbestos litigation explosion. Asbestos litigation has burdened the dockets of many state and federal courts, and has particularly challenged the capacity of the federal judicial system. The resolution posed in this settlement is arguably a brilliant partial solution to the scourge of asbestos that has heretofore defied global management.

Sadly, the asbestos and mesothelioma tragedy continues unabated. Court dockets continue to be log-jammed with lawsuits on behalf of the workers and family members whose lives were ravaged by this entirely preventable public health epidemic. Motley Rice attorneys have been on the cutting edge of this litigation for over twenty years and continue to craft creative and innovative ways to advocate the rights of asbestos and mesothelioma victims.