12 Questions to Ask Before Hiring a Mesothelioma Attorney in 2026

Choosing the right mesothelioma attorney is one of the most important decisions you'll make after diagnosis. The attorney you select will significantly impact your compensation, the stress level of the legal process, and how quickly you receive funds [1]. Not all personal injury attorneys have the specialized knowledge needed for asbestos cases—and asking the right questions upfront can help you identify attorneys who will truly fight for maximum recovery.

12 Essential Questions Checklist

• Question 1: How many mesothelioma cases have you personally handled?
• Question 2: What is your fee structure and what costs might I owe?
• Question 3: How will you identify all my asbestos exposure sources?
• Question 4: How many asbestos trust fund claims can you file for me?
• Question 5: What is your average settlement or verdict amount?
• Question 6: How long will my case take from start to finish?
• Question 7: Who will actually work on my case?
• Question 8: How will you keep me informed about my case?
• Question 9: Have you tried mesothelioma cases to verdict?
• Question 10: Can you handle my case if I live out of state?
• Question 11: What happens if I pass away during the case?
• Question 12: Can you expedite my case due to my medical condition?

Question 1: How Many Mesothelioma Cases Have You Personally Handled?

This is the single most important question. Mesothelioma litigation is highly specialized, and experience matters enormously. The attorney selection guide explains why specialization is critical.

Why This Question Matters

Experienced mesothelioma attorneys have:

• Exposure knowledge: Understanding of which products contained asbestos and where they were used
• Defendant familiarity: Knowledge of which companies can be sued and their typical settlement behavior
• Expert relationships: Connections with medical experts, industrial hygienists, and historians
• Database access: Proprietary databases tracking asbestos products and worksites

Red Flags

• Attorney has handled "a few" or "several" mesothelioma cases
• Practice focuses on general personal injury, not asbestos
• Cannot name specific asbestos defendants they've sued
• No dedicated asbestos litigation team

"When I switched from corporate defense to representing mesothelioma victims, I understood immediately why specialized experience matters. Defendants have armies of lawyers who know every trick. You need attorneys who have seen those tactics hundreds of times and know exactly how to counter them."

— Rod De Llano, Founding Partner, Danziger & De Llano

Question 2: What Is Your Fee Structure and What Costs Might I Owe?

Understanding fees upfront prevents surprises later. Most mesothelioma attorneys work on contingency, meaning you pay nothing unless they recover compensation for you [2].

Standard Fee Arrangements

• Contingency percentage: Typically 33-40% of recovery [2]
• No upfront costs: Attorney advances case expenses
• No fee if no recovery: You owe nothing if the case is unsuccessful

Questions to Clarify

• Does the percentage change if the case goes to trial?
• Are case expenses deducted before or after the fee percentage?
• What expenses will be deducted from my recovery?
• Is there a written fee agreement I can review?

What to Expect

Fee Component	Typical Arrangement	Notes
Attorney Fee	33-40% of recovery	May vary by case stage
Case Expenses	Deducted from recovery	Medical records, experts, filing fees
Upfront Cost to You	$0	Attorney advances all costs
If No Recovery	You owe nothing	Attorney absorbs costs

Question 3: How Will You Identify All My Asbestos Exposure Sources?

Your compensation depends on identifying every company whose asbestos products you encountered. Experienced firms have sophisticated methods for uncovering exposure history. The evidence preservation guide explains documentation strategies.

What Good Firms Do

• Detailed interviews: Thorough questioning about every job and worksite
• Database research: Matching your worksites to known asbestos products
• Witness interviews: Contacting former coworkers who can verify exposure
• Historical research: Investigating which products were used at specific facilities
• Product identification: Using proprietary databases of 8,000+ asbestos products

Red Flags

• Attorney relies solely on your memory without independent research
• No mention of exposure databases or investigation resources
• Limited questions about your work history

Question 4: How Many Asbestos Trust Fund Claims Can You File for Me?

Over $30 billion remains in asbestos bankruptcy trusts [4]. Most mesothelioma patients qualify for claims against multiple trusts—but only if their attorney identifies all applicable exposures. The trust funds guide provides comprehensive information.

What to Ask

• How many trusts do your clients typically file with?
• Do you have a dedicated trust claims team?
• How do you identify which trusts apply to my case?
• Can you file trust claims while also pursuing lawsuits?

Expected Answers

Experienced firms typically file 10-20+ trust claims per client, depending on exposure history. They should have dedicated staff who specialize in trust fund claims and understand each trust's specific requirements.

Question 5: What Is Your Average Settlement or Verdict Amount?

Past results indicate what you might expect, though every case is different. The settlements guide provides context on typical values.

Context for Answers

• National average: Mesothelioma settlements typically range from $1-2.4 million [3]
• Trust fund claims: Additional recovery from multiple trusts
• Trial verdicts: Can significantly exceed settlement amounts

Important Caveats

• Past results don't guarantee future outcomes
• Your case value depends on specific factors
• Beware attorneys who "guarantee" specific amounts

"I'm always honest with clients: I can tell you what we've achieved for similar cases, but every case has unique factors that affect value. What I can promise is that we'll pursue every available dollar and never recommend settling for less than your case is worth."

— Rod De Llano, Founding Partner, Danziger & De Llano

Question 6: How Long Will My Case Take From Start to Finish?

Time is precious for mesothelioma patients. Understanding the timeline helps you plan and ensures the attorney can work at the pace your situation requires [3].

Typical Timelines

• Trust fund claims: 4-12 months for most claims
• Settlement: 12-18 months average for lawsuit settlements
• Trial: 18-24+ months if case goes to verdict
• Expedited cases: Some courts offer accelerated schedules for seriously ill plaintiffs

Questions to Ask

• Do you offer expedited handling for urgent cases?
• How quickly can you file my initial claims?
• What factors could speed up or slow down my case?

Question 7: Who Will Actually Work on My Case?

Some firms advertise senior partners but assign cases to junior associates. Know who will handle your case day-to-day.

What to Ask

• Will the attorney I'm meeting with work on my case?
• Who handles depositions and court appearances?
• Will I have a dedicated point of contact?
• How experienced is the team assigned to my case?

What to Expect

Good firms have teams that include:

• Senior attorneys for strategy and major proceedings
• Associates for day-to-day case management
• Paralegals and investigators for research
• Dedicated client coordinators for communication

Question 8: How Will You Keep Me Informed About My Case?

Communication expectations should be clear from the start.

Questions to Ask

• How often will I receive case updates?
• Will you contact me before making major decisions?
• How quickly do you respond to client calls or emails?
• Do you have a client portal for case tracking?

Red Flags

• Vague promises about communication
• No specific point of contact
• Difficulty reaching the firm during consultation

Question 9: Have You Tried Mesothelioma Cases to Verdict?

Trial experience gives attorneys leverage in settlement negotiations. Defendants know which attorneys will actually take cases to trial if necessary.

Why Trial Experience Matters

• Defendants settle for more when facing trial-ready attorneys
• Trial experience means thorough case preparation
• Some cases should go to trial for maximum recovery

Questions to Ask

• How many mesothelioma trials have you conducted?
• What were the outcomes?
• Are you prepared to take my case to trial if necessary?

Question 10: Can You Handle My Case If I Live Out of State?

Mesothelioma cases often involve multiple states—where you live, where you worked, and where companies are headquartered.

What to Ask

• Are you licensed to practice in my state?
• Do you have experience with multi-jurisdictional cases?
• Can we meet by video if I can't travel?
• Will you come to me for depositions if needed?

National Firms Advantage

Established mesothelioma firms typically:

• Handle cases in all 50 states
• Partner with local counsel when needed
• File in jurisdictions most favorable to your case
• Travel to clients for depositions and meetings

Question 11: What Happens If I Pass Away During the Case?

This is a difficult but important question. Your family's rights should be protected regardless of what happens.

What Should Happen

• Case converts to wrongful death claim
• Family continues to pursue compensation
• Existing claims and evidence remain valid
• Settlement or verdict proceeds go to estate or survivors

Questions to Ask

• How would my case proceed if I pass away?
• Would my family need to find new representation?
• How are wrongful death settlements distributed?

Question 12: Can You Expedite My Case Due to My Medical Condition?

Many courts and trusts offer expedited procedures for seriously ill plaintiffs.

Expedited Options

• Preferential trial settings: Courts may schedule cases faster for ill plaintiffs
• Expedited trust reviews: Many trusts have fast-track procedures for mesothelioma
• Video depositions: Can be taken immediately to preserve testimony
• Early settlements: Defendants may settle faster when plaintiff is seriously ill

Questions to Ask

• Have you obtained expedited trial settings before?
• How quickly can you file my case after I hire you?
• Can you take my deposition immediately if needed?

Frequently Asked Questions

How do I know if a mesothelioma attorney is experienced enough?

Look for attorneys who have handled hundreds of mesothelioma cases specifically—not just general personal injury. Ask about trial experience, average settlements, and how many years they've focused on asbestos litigation. Experienced firms maintain databases of 8,000+ asbestos products and worksites that less experienced attorneys don't have access to.

What percentage do mesothelioma lawyers typically charge?

Most mesothelioma attorneys work on contingency fees ranging from 25-40% of the recovery, with 33-40% being most common. The fee percentage may vary based on whether the case settles early or goes to trial. You should pay nothing upfront and nothing if there's no recovery.

Should I hire a local attorney or a national mesothelioma firm?

National mesothelioma firms typically offer significant advantages: specialized experience with asbestos cases, access to exposure databases, relationships with expert witnesses, and ability to file in favorable jurisdictions. Many national firms partner with local counsel when needed, giving you the best of both worlds.

How long does a mesothelioma lawsuit typically take?

Most mesothelioma cases settle within 12-18 months, though some resolve faster through expedited processes due to the serious nature of the illness. Cases that go to trial may take longer. Ask prospective attorneys about their average timeline and whether they offer expedited handling for urgent situations.

Will I have to go to court or testify?

Most mesothelioma cases settle without trial. However, you'll likely need to provide a deposition (recorded testimony) about your work history and asbestos exposure. Experienced attorneys prepare clients thoroughly for depositions and handle most proceedings without requiring extensive client involvement.

Can I file a claim if the company that exposed me is bankrupt?

Yes. Over 60 asbestos bankruptcy trusts hold $30+ billion specifically to compensate victims of bankrupt companies. Experienced mesothelioma attorneys file claims with all applicable trusts—often 10-20 per client. These trust claims can be filed alongside lawsuits against solvent defendants.

Ready to Speak With an Experienced Mesothelioma Attorney?

Now that you know what questions to ask, you're prepared to evaluate potential attorneys. The right attorney will welcome these questions and provide clear, confident answers.

Contact our experienced team for a free consultation. We're happy to answer all 12 questions—and any others you have—so you can make an informed decision about your legal representation.

Related Resources

• How to Choose a Mesothelioma Lawyer — Selection guide
• Contingency Fees Explained — Understanding legal costs
• Find Mesothelioma Lawyers by State — Connect with specialists
• Free Case Assessment — Get a personalized evaluation

Learn More About Legal Options

• Choosing a Mesothelioma Attorney — Complete selection guide
• Mesothelioma Claim Process — Lawsuit timeline
• Evidence Preservation — Documenting exposure

---

Sources:

1. Attorney Selection Guidelines for Asbestos Litigation. American Bar Association, Mass Tort Section. (2025).
2. Contingency Fee Standards in Personal Injury. American Bar Association. (2024).
3. Mesothelioma Case Outcomes and Timeline Analysis. RAND Institute for Civil Justice. (2025).
4. Asbestos Trust Fund Claims Data. U.S. Government Accountability Office. (2024).
5. Legal Ethics in Contingency Fee Arrangements. State Bar Ethics Guidelines. (2025).

Last updated: February 12, 2026