How Much Does an Asbestos Attorney Cost?

Asbestos is a naturally occurring fibrous mineral, which is mined just like lead or copper. It's used for insulation or as a fire retardant, but not as extensively as it was in the past. Mesothelioma is a rare but deadly type of cancer caused by inhaling asbestos. People with mesothelioma or other asbestos-related illness can sue for payment of their medical bills, lost wages and other costs, including -- in some cases -- punitive damages.

About 70 to 80 percent of mesothelioma cases are people who worked in manufacturing plants, according to the National Cancer Institute; other cases are family members of factory workers or residents living near the manufacturing plants, and a few individuals have had mesothelioma without any known exposure to asbestos. Mesothelioma is rare; about 2,000 new cases are reported each year in the US.

Typical costs:

    Asbestos and mesothelioma attorneys usually work on a contingency basis, not charging any advance fees and paying all upfront expenses; once you get paid they take anywhere from 33-40 percent plus reimbursement for all expenses. Typically if you don't get any money in a settlement or court judgment, you don't owe any legal fees or expenses. The exact percentage varies by geographic location and whether the case goes to trial or is appealed. According to media reports, a typical mesothelioma settlement is $1million ; the attorney would earn $330,000 -$400,000. For cases that go to trial, the media reports that the average mesothelioma award was $6 million in 2001; legal fees would be $1.99 million-$2.4 million.
    Expert medical and technical testimony is required in most asbestos and mesothelioma cases; costs start around $10,000 -$25,000 and quickly go up. Typically these expenses will be paid by the attorney and reimbursed from the settlement/judgment.

What should be included:

    The mesothelium is a membrane covering most of the body's internal organs; in mesothelioma, the cells of this membrane divide without control or order, invading and damaging nearby tissues and organs. The American Cancer Society provides a detailed discussion of malignant mesothelioma.
    Because the average survival time for mesothelium is about 1-2 years after diagnosis, many courts will put these cases on an accelerated track, scheduling court dates as soon as possible. The process can include discovery, depositions, investigations, expert testing and reports, and negotiating. Many mesothelium and asbestos cases are settled out of court or during the trial; it's unusual for these cases to go all the way to a verdict. For those that do go to court, a California attorney estimates the average trial lasts about a month. However, the losing side can appeal the verdict, which may delay the final outcome for months or even years. If the patient dies before a final agreement is reached, it may be necessary to file a wrongful death suit.
    An asbestos attorney specializes in litigation about all aspects of asbestos-related diseases, including mesothelioma. Mesothelioma attorneys are highly specialized asbestos lawyers who only handle cases involve this specific form of cancer.

Shopping for an asbestos attorney:

    Ask detailed questions about the attorney's experience with asbestos and mesothelioma cases. LegalCatch.WordPress.com explains how to interview and choose an asbestos/mesothelioma lawyer.
    Search for asbestos or mesothelioma attorneys at FindLaw.com.
    Your attorney should provide you with a written fee agreement. Be sure you understand the contingency fee structure, when and how the fees will be deducted from any settlement/judgment your receive, and what other costs might be paid out of your settlement/judgment.