Thursday 25 February 2016

Common Questions

At Early, Lucarelli, Sweeney & Meisenkothen, we offer an unprecedented level of attention to our mesothelioma clients.
Whether you have mesothelioma yourself or you are researching information on behalf of a loved one, we hope these answers to commonly asked questions will help you understand our passion for helping you through this difficult time.
We understand that every individual situation is different. If you or a family member has been diagnosed with mesothelioma and you have a question that is not answered here, please sign up for a free consultation so that we can answer your questions directly.

How is ELSM different from other law firms that file asbestos lawsuits?

Our clients are our number one priority. We purposely limit the number of asbestos cases that we take on to ensure that our clients receive the first-class, individual attention they need and deserve. We are experts in asbestos law and have been focusing in this area for over 25 years.
Each case is handled individually, and an attorney and legal assistant are personally assigned to each and every case. Your assigned legal team will be with you throughout the entire process. Other law firms take on so many cases that they lose the ability to offer the same level of personal engagement with their clients. This is an area that we will absolutely not compromise on at ELSM.

How does ELSM approach mesothelioma cases?

We handle mesothelioma lawsuits with a comprehensive approach, addressing them from both legal and medical perspectives. In many instances, our clients are still receiving medical care for their illness, and they are interested in knowing about the latest medical research as it relates to their disease.
We are well-represented at all of the major medical conferences that provide information on the latest technological breakthroughs and treatment options available to patients with mesothelioma. We also maintain relationships with medical professionals who specialize in asbestos-related illness, and we share relevant treatment information with our clients.
We also provide extensive information about mesothelioma and asbestos exposure on this website. Our blog provides up-to-date stories about recent treatment developments, legislative actions, and ideas for caregivers, among other useful information.

Can you give me some examples of clients you have helped?

Our client profiles list is broad and extensive. We have helped people who have been diagnosed with mesothelioma all across America. It is one of our greatest honors to work for victims of asbestos exposure who were unknowingly exposed to harmful asbestos either directly on the job or through second hand exposure. They have worked in a large cross-section of occupations and are from all walks of life. We are also pleased to have received many testimonials from clients we have helped.

ELSM offices are located in New York and Connecticut, but I live in another state. Should I seek a local attorney to handle my mesothelioma case?

In most instances, we can handle your case no matter what U.S. state you live in, and in almost all cases ELSM will have more expertise than a local law firm. We have been handling asbestos cases for over 25 years, and we bring the full breadth and depth of our experience to every mesothelioma case we handle.
As part of our research, we will look at all the available venues where a lawsuit may be filed, which can include any place where the client has lived, worked, or served in the military. Asbestos lawsuit values can be higher in some jurisdictions, such as New York City, and there may be situations where exposure even occurred in more than one state. We will work with you to determine the appropriate state to file your claim based on all the factors that will help to receive the greatest possible compensation.
If we do determine that it’s in your best interest to file your claim outside of the states where we practice, we will partner with a local attorney from the extensive mesothelioma attorney network that we have developed over the last 25 years.

How long does it take to receive money from a lawsuit if one is filed?

Usually not more than one year. However, if your diagnosis is severe (malignant), and you are still alive, it is probable that you will receive partial monetary compensation within four months and the entire process will be complete within six to twelve months.

Will I have to go to trial? I'm not certain that it is something I want to go through.

In many instances, it is not necessary to go to trial because our cases settle. You do have the option to request to go to trial, however, and that request will be honored. In the event that going to trial is necessary and you need to undergo cross-examination or deliver a deposition in a courtroom setting, we will take every measure to ensure your comfort throughout the process.

Will I personally have to do a lot of work if I agree to file an asbestos lawsuit?

Our clients find that making the decision to go forward with a lawsuit against an asbestos company is the hardest part of the process. Once that decision is made, we make it our job to ensure that the process is a comfortable one for you.

Do I have to pay any money up front to retain your services?

Absolutely not! At Early, Lucarelli, Sweeney & Meisenkothen, we operate on a contingency fee basis. This means that unless money is awarded to you, the lawsuit will cost you nothing. There are no financial risks involved in filing a lawsuit with us.

If I don't receive any settlement money, but huge expenses were incurred in filing the lawsuit, will I be on the hook to pay those expenses?

Our clients are never responsible for expenses incurred in filing a lawsuit. Unless you receive money, you do not have to pay for any expenses.

I'm concerned that if I am awarded money that the expenses might significantly reduce the dollar amount that I finally end up with. Is this true?

It is not true. Because we have so many years of experience with asbestos litigation behind us, our expense levels are quite low compared to other smaller, less experienced law firms. Additionally, if you do not have to go to trial, expenses generally only run between three and five percent.

Do I have any say in whether or not I want to agree to a settlement? Can I choose not to settle because the award is too low or I want to go to trial?

You have complete control over accepting or rejecting a settlement. In fact, you must formally agree to accept a settlement offer before any money can be awarded.

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