How to Choose a Mesothelioma Lawyer: 8 Questions to Ask Before Hiring

Selecting the right mesothelioma lawyer is one of the most important decisions you'll make after diagnosis. The difference between an experienced asbestos attorney and a general-practice lawyer can mean hundreds of thousands of dollars in compensation—and whether your case resolves efficiently while you can participate in it [1]. These 8 questions will help you identify attorneys with the expertise, resources, and commitment your case requires.

8 Key Facts About Evaluating Mesothelioma Attorneys

• Experience Threshold: Seek firms with hundreds of mesothelioma cases [1]
• Contingency Range: Typical fees are 25-40% of recovery [3]
• Trial Record: Firm should have recent trial verdicts, not just settlements [4]
• Trust Fund Access: Must file with 60+ active asbestos trusts [2]
• No Referral: Ensure firm handles your case directly
• Communication: Clear policy for updates and responsiveness
• Resources: In-house investigators, medical experts, product databases
• Client Access: Free home and hospital consultations nationwide

Question 1: How Many Mesothelioma Cases Have You Handled?

This foundational question reveals whether you're speaking with a specialist or a generalist testing the waters of asbestos litigation.

Why Case Volume Matters

Mesothelioma cases require tracing exposure that occurred 20-50 years ago to specific asbestos products and manufacturers. Firms handling hundreds or thousands of these cases have:

• Built databases identifying which products contained asbestos during specific time periods
• Documented exposure patterns at thousands of work sites
• Accumulated deposition testimony establishing corporate knowledge
• Developed relationships with expert witnesses in pathology, industrial hygiene, and economics

Red Flags

• Vague answers like "we handle lots of personal injury cases"
• Inability to distinguish mesothelioma from general asbestos exposure cases
• No dedicated asbestos litigation team

The attorney selection guide provides additional criteria for evaluating experience levels.

"After handling mesothelioma cases for over 30 years, I've seen how experience translates directly to results. A firm handling its first mesothelioma case won't know which defendants to prioritize, which trusts to file with, or how to prove exposure at a shipyard versus a power plant. That knowledge comes from thousands of cases, not dozens."

— Paul Danziger, Founding Partner, Danziger & De Llano

Question 2: Will Your Firm Handle My Case or Refer It?

Some entities advertising mesothelioma legal services are "lead generators" who collect client information and sell cases to actual law firms. You may never know this happened.

Why Direct Representation Matters

• Referral arrangements can reduce your recovery by 10-15% in additional fees
• You lose control over which firm actually handles your case
• Communication becomes complicated with multiple parties
• The referring entity has no stake in your case outcome

Questions to Ask

• "Will attorneys from your firm investigate and litigate my case?"
• "Do you ever refer cases to other firms?"
• "Who specifically will be working on my case?"

Insist on written confirmation that your case will be handled by the firm you're interviewing—not referred elsewhere.

Question 3: What Is Your Trial Record?

Most mesothelioma cases settle before trial, but trial capability directly affects settlement values. Defendants pay more when they know the plaintiff's attorney will go to trial if offers are inadequate.

What to Look For

• Recent trial verdicts (within the last 2-3 years)
• Verdicts against major asbestos defendants
• Lead trial attorney credentials and experience
• Willingness to reject inadequate settlement offers

Settlement-Only Concerns

Firms that never go to trial may:

• Accept lower settlements to avoid trial preparation costs
• Lack the resources for extended litigation
• Have less leverage in settlement negotiations

Learn more about mesothelioma settlement values and how trial capability affects outcomes.

Question 4: What Are Your Fees and Costs?

Understanding fee structures prevents surprises and helps compare firms fairly.

Standard Contingency Fee Structures

• Contingency percentage: Typically 25-40% of total recovery [3]
• When fees apply: Only if you receive compensation
• Sliding scales: Some firms charge different rates for settlements vs. trial verdicts
• Trust fund claims: May have separate fee arrangements

Cost Questions

Beyond attorney fees, ask about:

• Expert witness fees (can exceed $50,000 per case)
• Document retrieval and copying costs
• Travel expenses for depositions and meetings
• Filing fees and court costs
• Whether costs are deducted before or after the attorney fee calculation

"With my CPA background, I always emphasize financial transparency. Clients deserve to understand exactly how fees and costs work before signing. We provide written breakdowns showing how different outcomes affect net recovery. Any firm unwilling to explain their fee structure in detail should raise concerns."

— Paul Danziger, Founding Partner, Danziger & De Llano

Question 5: Can You File Claims with Asbestos Trust Funds?

Over $30 billion sits in 60+ asbestos bankruptcy trusts established by companies that manufactured or sold asbestos products. These trust fund claims are separate from lawsuits and require specialized knowledge to maximize recovery.

What to Ask

• "How many trust funds have you filed claims with?"
• "Do you have staff dedicated to trust fund claims?"
• "How do you identify which trusts apply to my case?"
• "Are trust fund recoveries included in your contingency fee?"

Trust Fund Expertise Indicators

• Firm regularly files with 20+ trusts per case
• Dedicated trust fund specialists on staff
• Database tracking which products correspond to which trusts
• Experience with expedited review procedures for ill clients

Review the asbestos trust fund guide for background on how these trusts operate.

Question 6: How Will You Investigate My Exposure History?

Proving where and how you were exposed to asbestos is critical to identifying defendants and trust funds. This investigation distinguishes strong cases from weak ones.

Investigation Resources

• In-house investigators: Staff dedicated to tracking down employment records
• Product databases: Identifying which asbestos products were used at your job sites
• Coworker interviews: Locating former colleagues who can verify exposure
• Union records: Documenting work assignments and locations
• Social Security records: Establishing employment timeline

Questions to Ask

• "Do you have in-house investigators or outsource this work?"
• "How do you identify which asbestos products I was exposed to?"
• "What databases do you use to track exposure sites?"

Learn about the importance of evidence preservation in building strong cases.

Question 7: How Will You Keep Me Informed?

Mesothelioma cases can take months or years to resolve. Understanding communication expectations upfront prevents frustration.

Communication Standards to Expect

• Designated contact person (attorney or senior paralegal)
• Regular status updates without needing to request them
• Reasonable response times for questions (24-48 hours)
• Explanation of case strategy and important developments
• Advance notice of key deadlines and required actions

Questions to Ask

• "Who will be my primary contact for questions?"
• "How often will I receive case updates?"
• "What is your policy for returning phone calls and emails?"
• "Will you explain major decisions before acting?"

"I believe clients should never have to wonder what's happening with their case. Our policy is proactive communication—we reach out with updates rather than waiting for clients to call asking. When you're dealing with a serious illness, you shouldn't have to chase your attorney for information."

— Paul Danziger, Founding Partner, Danziger & De Llano

Question 8: Will You Come to Me?

Many mesothelioma patients are too ill to travel to law offices. A firm's willingness to come to you indicates both resources and commitment to client service.

Services to Expect

• Free initial consultation at your home or hospital
• In-person meetings for document signing and case updates
• Travel for client depositions when needed
• Video conferencing options when in-person isn't possible

Red Flags

• Requiring travel to distant offices for meetings
• Charging for travel or home visit services
• Only offering phone consultations with no in-person option

National firms with mesothelioma expertise routinely travel to clients throughout the country at no charge.

Comparing Multiple Firms

Don't feel pressured to hire the first firm you contact. Speaking with multiple attorneys helps you make an informed decision.

Comparison Factors

Factor	What to Compare
Experience	Number of mesothelioma cases handled
Fees	Contingency percentage and cost arrangements
Resources	Investigators, databases, expert relationships
Trial Record	Recent verdicts and willingness to litigate
Communication	Responsiveness and update policies
Accessibility	Willingness to travel for meetings

Frequently Asked Questions

How many mesothelioma cases should a law firm have handled?

Look for firms that have handled hundreds or thousands of mesothelioma cases specifically—not just general asbestos cases. Firms with substantial mesothelioma experience understand the unique challenges of these cases and have developed resources that directly benefit clients.

What is a reasonable contingency fee for a mesothelioma case?

Typical contingency fees for mesothelioma cases range from 25-40% of the recovery. The percentage may vary based on case complexity and whether it settles or goes to trial. Ensure the fee agreement clearly explains what's included and what costs are deducted separately.

Should I hire a lawyer who advertises on TV for mesothelioma?

TV advertising doesn't indicate quality. Some advertisers are "lead generators" who sell your case to other firms. Ask directly: "Will your firm handle my case, or will you refer it elsewhere?" The firm that investigates and litigates your case matters most.

How important is trial experience for a mesothelioma lawyer?

Very important. Even though most cases settle, defendants pay higher settlements when they know the plaintiff's attorney will go to trial if necessary. Ask about recent trial verdicts and the firm's willingness to take cases to verdict.

Can I switch mesothelioma lawyers if I'm unhappy?

Yes, you can typically change attorneys, though the original firm may have a lien for work already performed. If you're considering switching, consult with the new firm about the process before terminating the first relationship.

What should I do if I'm contacted by multiple law firms?

Don't feel pressured to sign immediately. Take time to interview multiple firms using the questions in this guide. Reputable firms will respect your decision-making process and won't use high-pressure tactics.

Next Steps: Finding the Right Attorney

Use these 8 questions to evaluate any mesothelioma law firm you're considering. The right attorney makes a significant difference in both your experience and your recovery.

Our experienced mesothelioma attorneys welcome these questions. With over $2 billion recovered for asbestos victims, we have the experience, resources, and commitment to handle complex mesothelioma cases nationwide. Contact us for a free consultation—we travel to clients throughout the country.

Related Resources

• Asbestos Trust Funds Guide — $30+ billion available
• Statute of Limitations by State — Filing deadlines
• Veterans Benefits for Mesothelioma — VA claims assistance
• Free Case Assessment — Evaluate your options

Learn More

• Choosing a Mesothelioma Attorney — Detailed evaluation criteria
• Mesothelioma Claim Process — What to expect
• Asbestos Trust Funds — How trusts work

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Sources:

1. American Bar Association Journal. (2024). Attorney Selection in Mass Tort Litigation.
2. RAND Corporation Institute for Civil Justice. (2025). Asbestos Litigation Outcomes by Firm Type.
3. National Law Review. (2024). Contingency Fee Structures in Personal Injury Cases.
4. Mealey's Litigation Report: Asbestos. (2025). Mesothelioma Verdict and Settlement Trends.

Last updated: January 21, 2026