As an attorney, you have probably argued dozens, if not hundreds, of cases in court. However, not all of that experience will be in the same areas. Sometimes, clients come to you for help with a serious situation with which you don't have a background of working professionally.
Certain kinds of legal action, such as litigation related to mesothelioma, require a different approach than broader or more common personal injury cases. There are many considerations, from access to compensation trusts to a lawsuit against a negligent employer, as well as the necessity of tying the diagnosis to the client's work history or product use in the past. Mesothelioma is an aggressive cancer that affects the lining of organs and is often associated with asbestos exposure.
Just because you have never successfully argued a cancer case in court doesn't mean you can't accept these clients. It means you need to consider taking a different approach, such as working with an outside attorney who has experience in this area, to develop your legal strategy.
Mesothelioma and other medical cases can be complex
If you have never handled a mesothelioma case, you might not realize that people can go decades between their time of exposure to asbestos and when they begin presenting symptoms later in life. That massive time gap between exposure and diagnosis is one of several complicating factors that make mesothelioma cases particularly difficult to handle.
Even extremely skilled personal injury attorneys might find themselves struggling to adequately develop appropriate arguments and obtain evidence for mesothelioma cases. Failing to understand the level of preparation necessary could lead to claims of inadequate representation and a failure to uphold your fiduciary duty to your clients.
In the event that you find yourself feeling compelled to take on a mesothelioma case without adequate experience, bringing on an outside attorney who has experience in arguing these complex cases may be the best way to do right by your clients. Given the amount of legal and medical knowledge necessary for these cases, outside help may be the simplest solution.
Outside consultants can give you the inside track on complex cases
Our firm has experience with mesothelioma litigation, which is a niche area with which many attorneys have no experience. Knowledge about the disease and strategies to successfully litigate mesothelioma cases can prove invaluable to you and your clients, whether it's an individual suit or a mass tort.
When you need to consider bringing in an outside consultant to protect the interest of your clients, we can provide a consultation as you develop your strategy and offer support in the courtroom, depending on your specific preferences and needs. Instead of giving the case up or attempting to soldier through with a rudimentary understanding of the issue, ask for the help you need to improve your client's chance of successfully obtaining compensation.