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Mesothelioma Lawsuit - How to get Started?

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Mesothelioma Lawsuit

How to get started?

If you or someone close to you has been diagnosed with mesothelioma, you have probably heard or read about the possibility of obtaining financial compensation by way of a mesothelioma lawsuit. It can be difficult to navigate the maze of television commercials and websites to figure out how to get the process started.

There are really three simple steps to get started with a mesothelioma lawsuit:

- Presenting proof of a mesothelioma diagnosis;

- Providing information about asbestos exposure; and

- Choosing a highly experienced mesothelioma law firm.

I. Presenting Proof of a Mesothelioma Diagnosis

When contacting a law firm experienced in handling mesothelioma lawsuits, you will first need to present some proof of a mesothelioma diagnosis. The following records can be used to get the process started:

- Pathology report that states “mesothelioma”;

- Oncology medical record that states “mesothelioma”;

- Death certificate that states “mesothelioma” (if person is deceased).

Even though exposure to asbestos increases a person’s risk of developing mesothelioma, a person cannot file a mesothelioma lawsuit unless the person already has proof of a mesothelioma diagnosis. Law firms experienced in handling mesothelioma lawsuits have expertise in ordering medical records that may provide evidence of a mesothelioma diagnosis.

II. Providing Information about Asbestos Exposure

In order to file a mesothelioma lawsuit, the person diagnosed with the disease must have some information that would demonstrate prior exposure to asbestos. Generally, the best source of information as to a person’s asbestos exposure is the memory of the person who was diagnosed with mesothelioma or the person who worked with or around asbestos-containing products. A person can be exposed to asbestos from directly working with asbestos products (direct asbestos exposure), from working in the same area as others working with asbestos products (bystander asbestos exposure) or by laundering contaminated work clothing or otherwise having contact with clothing that is soiled with asbestos dust (take-home exposure). Law firms experienced in handling mesothelioma lawsuit also have documents and other information relating to asbestos exposures that occurred at many work sites where asbestos exposure was common.

III. Choosing a Highly Experienced Mesothelioma Law Firm

A mesothelioma lawsuit is not a simple case. You must have a law firm that is highly experienced in handling these cases. The firm must be knowledgeable about many areas, including: the many different ways that people can be exposed to asbestos, the many different products that contained asbestos, and the medical and scientific issues relating to the diagnosis and causation of mesothelioma.

You should find out information about the firm, including how long they have been handling mesothelioma cases, how many jury verdicts and settlements they have obtained, and whether they have received awards and recognitions for their work in these cases. Once you choose a highly experienced mesothelioma law firm, the firm can take the necessary legal steps to get your lawsuit filed and move the case toward settlement or trial.

Levy Konigsberg LLP has been successfully handling mesothelioma lawsuits for thirty-plus years. The firm’s founder, Stanley Levy, was one of the first lawyers in the Northeastern United States to file cases on behalf of those suffering from mesothelioma. The firm has won landmark jury verdicts in mesothelioma cases including the highest mesothelioma jury verdict ever upheld on appeal in the United States. The firm was recognized in 2013 by the U.S. News & World Report as “Plaintiff’s Product Liability Law Firm of the Year”. The firm also contributes to the fight to cure mesothelioma and has contributed more than $1 million for this cause.

Mesothelioma has no known cure and often causes severe pain, suffering, and other types of damage, such as loss of consortium, and loss of income. Additionally, due to the exceedingly high cost of mesothelioma treatments, many families exhaust savings and accumulate financial debt in order to pay for the medical expenses of their family member.

Under the law of most states, pain and suffering from mesothelioma may be compensated through the award of money damages, usually obtained with the help of experienced mesothelioma attorneys. In some states other types of damages may also be recovered.

Asbestos litigation affords mesothelioma victims the opportunity to receive financial compensation and hold accountable the companies that caused their asbestos exposure.

IMPORTANT: If you or your family member has been diagnosed with mesothelioma, you should get in touch with a mesothelioma lawyer as early as possible to determine if you have a mesothelioma case and to:

- Preserve your rights to bring a legal action against the responsible parties within the limited time frame allowed by law, known as statute of limitations;
Obtain maximum compensation in your case by being able to:
Preserve evidence and establish facts of the asbestos exposure while the claimant is still alive and able to provide information;

- File and resolve a lawsuit against the responsible parties before they file for bankruptcy or, if they already have, to obtain compensation before their bankruptcy trust funds run out of money;
Expedite your case, as courts tend to give higher priority to mesothelioma lawsuits where the claimant is still alive.


NOTE: While our offices are located in the states of New York, New Jersey, and Georgia, many of our mesothelioma lawyers are licensed to practice law in a number of U.S. states and have the capability and extensive experience of representing mesothelioma clients throughout the United States. You are encouraged to contact us with any questions.
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Class Action Lawsuits - Mesothelioma Lawsuit

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Class Action Lawsuits - Mesothelioma Lawsuit

Class Action Lawsuits

A class action is a lawsuit filed by claimants who sue on behalf of a large group of people who have been similarly harmed by the same defendants. Mesothelioma cases are no longer filed as class actions. Instead, claimants file individual personal injury lawsuits or wrongful death lawsuits.


In 2017 alone, more than 4,000 asbestos lawsuits were filed in the U.S., according to a KCIC industry report. Combining all those lawsuits into a single class action would not be good for the people filing them, because each asbestos-exposure case is so unique.

What Is a Class Action Lawsuit?
A class action lawsuit is a claim in which a group of people collectively bring a complaint to court. These types of lawsuits are filed against a defendant by one or more plaintiffs on behalf of a group of “similarly situated” people.

State and federal courts have their own procedural rules governing class actions. Most agree that the group must share similar injuries caused by shared circumstances that raise the same legal issues.

The court must determine that there are sufficient similarities and that separate lawsuits would be impractical or burdensome. Then it will certify the group as a class and allow them to litigate their case collectively.

Class action lawsuits involving mesothelioma and asbestos began surfacing in the late 1960s. At the time, the public had just become aware of the serious health hazards of asbestos exposure. Since then, judges have resorted to a number of procedural methods to manage asbestos claims that now number in the millions.

History of Mesothelioma and Asbestos Class Actions
U.S. District Court for the Eastern District of Pennsylvania
About 20 years after the first mesothelioma and asbestos class action lawsuits were filed, the number of cases grew to about 20,000.

As awareness increased and doctors diagnosed more people with mesothelioma, the number of claims escalated to 750,000 in another 20 years. Judges were aware of the overwhelming number of claims and the difficulty of managing so many.

In 1991, federal asbestos cases were consolidated in the U.S. District Court for the Eastern District of Pennsylvania for pretrial purposes. Multidistrict asbestos litigation continues to be heard in this court, and is known as MDL 875.


Quick Fact:
Mesothelioma class actions typically are filed against companies that knew the dangers of asbestos exposure but did not inform employees of the risks. Manufacturers and distributors of asbestos-containing products, mining and construction companies and shipbuilders are often named as defendants in these types of class actions.


Georgine v. Amchem Inc.
The presiding judge was expected to facilitate a global settlement between the major asbestos defendants and plaintiffs’ attorneys. That effort failed. A group of asbestos manufacturers and major plaintiff’s firms attempted to negotiate a settlement agreement. Not intending to go to trial, the parties filed a complaint, answer, joint motion to certify a class and a proposed settlement agreement for Georgine v. Amchem Prods., Inc.

Under the proposal in Amchem, the parties would seek to create a class solely for settlement purposes. Claims of unimpaired plaintiffs would be deferred and a payment matrix would be applied to other claims, including future asbestos claims.

The U.S. Supreme Court eventually ruled against class certification. The court ruled that it was inappropriate because the class of claimants was too large and had too many varied interests. In addition, common questions of law and fact did not predominate within the proposed class.

Ortiz v. Fibreboard Corp.
Since Amchem, federal courts have not favored asbestos class actions. In Ortiz v. Fibreboard Corp., 527 U.S. 815 (1999), the Supreme Court ruled against certifying an asbestos class action. State courts have generally been more willing to certify class actions than federal courts. Still, asbestos class actions are not common.


Deciding Whether to Participate in a Class Action
If you are asked to join an asbestos class action, remember that you can choose to join the class or “opt out” so that you can pursue your own lawsuit. You should consider hiring a mesothelioma attorney to advise you on your individual circumstances and legal options.

Out-of-Court Settlements
An out-of-court settlement is likely when a large group of claimants is involved. Any settlement is divided among thousands of claimants. This may be attractive to patients who wish to avoid a trial. But it is difficult to get several plaintiffs and defendants to reach agreement on legal issues. If the parties manage to reach an agreement on a class action settlement, the court must still approve the settlement terms.

Difficulties with Large Plaintiff Numbers
Class action members have less control over their cases than claimants who file separate lawsuits. Lawyers who handle class actions represent the interests of a large number of plaintiffs.

Attorneys for individual lawsuits can focus more closely on their client’s individual issues. Many asbestos claimants prefer to have more control over their cases and opt not to join class actions.
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Tips for Submitting Illinois Mesothelioma Lawsuits

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Obtaining compensation through a mesothelioma lawsuit can help victims cover the high medical expenses in treating mesothelioma cancer. In addition, the recompense obtained through a successful suit offers family members financial support in the years ahead. Taking civil action for compensation is the surest way to hold the companies in the asbestos industry accountable for the harm they cause.

Tens of thousands of mesothelioma victims have secured compensation through out-of-court settlements and jury awards. Most asbestos claims are filed by individuals suffering with malignant mesothelioma after prolonged asbestos exposure in their workplace. In addition, surviving family members file wrongful death lawsuits when their loved one has died from mesothelioma caused by the negligence of others.

Mesothelioma: A Dreadful Disease Caused By a Generation of Industry

As an aggressive cancer, Mesothelioma is a dreadful disease that causes significant damage to the pleural mesothelium (lining inside the lungs) or peritoneal mesothelium (abdomen). Nearly every case is caused by prolonged exposure to asbestos, a carcinogenic mineral fiber that occurs naturally in soil and rocks.

For decades, doctors, attorneys and the federal government have known about the harmful effects of asbestos exposure on human health. Only in recent years have many high profile cases been publicized, creating a pathway for other victims to seek the compensation they deserve for their injury caused by the negligence of others.

Most common cases involving asbestos exposure occur in the workplace. Because exposure to asbestos is usually preventable, nearly every case of asbestos cancer and disease creates legitimate grounds to file a mesothelioma lawsuit to hold asbestos product manufacturers accountable for negligence.

Occupations Commonly Putting Workers At Risk For Asbestos Exposure

Obviously, the highest rate of asbestos-related disease (ARD) occurs in workers who handle asbestos products. Most involve employees in specific industries that include:

- Petroleum refineries
- Shipyards involving shipbuilding or repair
- Chemical industries
- Electric power and light
- Vessel operators and seamen
- The construction industry

In addition to the above industries, other occupations have a high rate of ARDs caused by exposure to asbestos. These occupations include: electricians, mechanical engineers, steamfitters, pipefitters, plumbers and teachers who have worked in an aging school facility.

Burden of Proof Necessary to Win Illinois Mesothelioma Lawsuits

Receiving financial compensation through a claim or lawsuit is not automatic. It requires proving how exposure to asbestos caused injuries or damage. The victim must show a direct correlation between exposure of materials or products and asbestos-related injuries including mesothelioma and other cancers.

The burden of proof may be difficult because many decades have likely past from the time the victim was exposed until the medical condition was diagnosed. As a part of the claim, the victim will need to provide details of working conditions and employment history. To protect the rights of the victim and gain the advantage in securing compensation often requires hiring a skilled attorney to handle the case.

A Free Case Review With a Winning Team of Mesothelioma Attorneys

Victims diagnosed with asbestos-related diseases (ARD’s) including mesothelioma and asbestosis have numerous legal options to seek compensation and hold parties responsible accountable for their negligence. Rosenfeld Injury Lawyers LLC offer a free mesothelioma case review to evaluate the claim for financial recompense and determine the value of the case.

If you, or a loved one, have been diagnosed with mesothelioma, asbestosis, asbestos-related lung cancer or other ARD, it is imperative to speak with our attorneys. Filing a claim is time sensitive, where documents must be filed within a specific timeframe. Our lawyers can assist you in the legal pursuit of any possible claim and handle every aspect of your case through the complex process including filing a suit, the discovery phase, negotiating a settlement or taking the case to trial.

Your Mesothelioma Injury Case Deserves to Be Handled By an Experienced and Compassionate Legal Team

Rosenfeld Injury Lawyers LLC can file two specific kinds of mesothelioma lawsuits – personal injury lawsuits and wrongful death lawsuits. In addition, our attorneys can seek recompense for victims harmed through primary asbestos exposure (direct contact) and secondary asbestos exposure (contact with someone with direct exposure to asbestos). Wrongful death mesothelioma lawsuits can be filed by surviving family members of victims who died from exposure to asbestos.

Because of strict regulations surrounding the toxic substance, most asbestos manufacturers have since filed bankruptcy. However, many of these asbestos manufacturers have been ordered by bankruptcy courts to create trust funds or lawsuit funds to pay claims to victims suffering mesothelioma caused by asbestos exposure.
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How the lawsuit was filed in the New Orleans Federal Court of Asbestos Death?

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The wife of a man who purportedly died from considerable exposure to asbestos has filed a lawsuit in New Orleans federal court against five companies for their alleged failure to warn her husband of the hazards associated with the product. 72-year-old Joseph Frazier died from mesothelioma in 2004 after more than 50 years of exposure to asbestos and asbestos-containing products at work sites in a variety of states. Earlier this month, his wife filed suit against Certainteed Corp., Owens-Illinois Inc., Crown Cork & Seal Company Inc., Georgia-Pacific Corp., and Crane Co. as the personal representative of his death beneficiaries.

The lawsuit claims Frazier was exposed to asbestos while employed by the United States Army, Illinois Fibre Specialty Co., Illinois Roofing & Insulation, Midwest Industrial Siding Inc., Wynwood Builders Inc., L&S Roofing & Insulation, Abbey Home & Builders, Welso Construction Co., and JD Frazier Building Co. The five companies listed in the complaint are the successors to Frazier’s previous employers. Frazier’s wife has accused the companies of negligence and stated they should be held strictly liable for a failure to warn Frazier of the dangers related to asbestos exposure, failure to place sufficient warnings on products which contain asbestos, failure to provide Frazier with the proper safety equipment, failure to implement and follow a safety plan, and failure to remove products which contain asbestos from the marketplace.

Frazier’s widow has asked the New Orleans court to award damages for her own metal anguish and her husband’s mental anguish, conscious suffering and pain, disability, loss of enjoyment of life, disfigurement, and medical expenditures. She has also asked for an award of punitive damages, court costs, and interest. Interestingly, this case was initially filed in Mississippi and dismissed for lack of jurisdiction. The case was later filed in both Alabama and Louisiana. Frazier’s widow has requested a jury trial in Louisiana and stated she will ask that the case in Alabama be dismissed.

Mesothelioma is a rare form of lung cancer. It has been linked to exposure to asbestos and asbestos-containing products. Mesothelioma often occurs in construction workers, shipyard workers, miners, and those employed in industries where asbestos was commonly used. Because symptoms may not appear for many years after exposure, it can be difficult for mesothelioma victims to determine exactly when they were exposed to asbestos. The medical costs associated with mesothelioma treatment are generally quite high. An individual suffering from mesothelioma may be eligible for compensation for medical costs, pain and suffering, lost wages, and relatives may be eligible for death benefits. If you have questions about your mesothelioma diagnosis, a knowledgeable personal injury lawyer can assist you with evaluating the facts of your case.
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Tips for Mesothelioma After Death

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Tips for Mesothelioma After Death

Thousands of businesses have had to defend themselves against asbestos and mesothelioma lawsuits in the past several decades. Some of these asbestos lawsuits were brought by the individual who suffered from mesothelioma or other asbestos-related disease. In other cases, the family of the victim files the lawsuit because the victim passed away. People who have a close enough relation to the deceased mesothelioma victim can file a wrongful death lawsuit, if they meet certain legal criteria.

In California, for example, the statute of limitations for an asbestos-related lawsuit is one one year after the date that the person suffered a disability, or one year after the date the person know or should of known that their disability was caused by asbestos exposure.

Who Can File a Mesothelioma Wrongful Death Lawsuit?

To file a wrongful death lawsuit, certain criteria must be met and the death needs to be a result of a person’s or company’s negligence. The ability to sue for the death of a person due to negligence has evolved a great deal over the years. In the past, if a person died due to another party’s negligence or wrongful act, it was impossible to sue for damages. In some cases, it was more cost effective for the guilty party if the victim died from their injuries instead of having to pay for medical costs, lost earnings and pain and suffering.

That is why governments now have established the right for people to sue for compensation for wrongful death, such as in a mesothelioma case. But note that the people who bring the mesothelioma wrongful death lawsuit must be close enough to the victim. So, legally speaking, you have to be eligible to file this type of lawsuit; this is known as legal standing. Some of the relationships that will allow you to file a mesothelioma wrongful death lawsuit are:

- Husbands, wives and children, mothers and fathers, brothers and sisters
- Grandparents
- People who were financially dependent upon the victim; this will vary by state. In California, the family must be at least 50% financially dependent upon the victim.

Thousands of wrongful death lawsuits have been filed on the behalf of mesothelioma victims over the years. Asbestos companies and those that used asbestos in their products and buildings have been shown many times to have known that the toxic substance could lead to injury and death. With proper legal representation, you can file and win a mesothelioma wrongful death lawsuit against the company or companies that exposed your loved one to asbestos.

Mesothelioma Wrongful Death Lawsuit Process

In all asbestos-related lawsuits, a skilled attorney will do a great amount of research. This will usually commence with interviews of the plaintiff. Our mesothelioma attorneys has a skilled team of investigators who have experience in asbestos/mesothelioma investigations and have extensive resources at our disposal. Our law firm is aware of most of the companies that have used asbestos in the past. This allows our research to occur efficiently and accurately. Only when we have concluded our research will we present to you our opinion about the potential of your mesothelioma wrongful death lawsuit. If our attorneys conclude that you should file a wrongful death lawsuit and seek damages, the claim will be filed. But deciding in which state to file the claim is not as easy as it seems. Usually, the wrongful death lawsuit will be filed where the mesothelioma victim lived or was exposed to the asbestos. But if there is another state where the case may be filed and better results are possible, this could be preferable.

Some states make companies liable for asbestos exposure that occurs on a secondhand way. It is possible for tiny asbestos fibers to cling to shoes, clothes, hair and skin of the person who worked around the substance. Cases have been won where the family of the worker exposed to asbestos brought it home from work and this lead to mesothelioma for members of the family. It has been common for firefighters, construction workers, auto mechanics and electricians to bring home asbestos on their person.

Document Asbestos Exposure

One of the things that many people unfortunately neglect is to document their or their loved one’s asbestos exposure on the job. Even if you or a loved one has not yet come down with mesothelioma, it is a very good idea to document possible exposure, in case mesothelioma is ever diagnosed. That way, you have critical information that you need to file a successful personal injury or wrongful death lawsuit.

If you think that you or a loved one was exposed to asbestos, it is wise to document the following information:

- Work history, including the dates that were spent in each job and where that job was located.

- A list of co-workers who also may have been exposed.

- Job duties, including tasks that put you or your loved one at a higher risk of exposure. For example, many cases have been filed on the behalf of automotive mechanics who were exposed to asbestos when they were repairing brake pads and rotors. Asbestos was once commonly used on these automotive parts.

- Any specific machines or materials that were worked around that could elevate the risk of asbestos exposure.

- Work history of a loved one or family member if you are concerned about second hand asbestos exposure.

Being prepared in this way can save you and your loved ones much time if someone dies later from asbestos exposure. Having information about the person’s detailed work history and contacts can help your wrongful death attorney to build a better case in less time. This can be important particularly for meeting any relevant statute of limitations to file the case.

Discovery in a Mesothelioma Wrongful Death Lawsuit

Discovery is a vital part of the wrongful death lawsuit process. This is where the wrongful death attorney works to collect evidence, documents, witness testimony and more to build the best case. The attorney will depose defendants and will collect extensive information about your employment history, medical and personal history.

This type of lawsuit is challenging in terms of collecting evidence and proving the case, especially if the person died without documenting their exposure to asbestos in their work history. As exposure typically happened many years before, even family members who knew about the exposure at the time may have forgotten key evidence and facts of the exposure.

That is the reason that other witnesses, including co-workers and written evidence are so important to proving a mesothelioma wrongful death claim. Your lawyer will spend much time and resources collecting records, interviewing people and speaking to representatives of the companies in question. If specific companies cannot be determined that caused the exposure, it is possible the case could be limited to suppliers and manufacturers of commonly used asbestos related products.

Final Word

Keep in mind that defendants and their attorneys will aggressively attempt to dismiss the lawsuit before it goes to trial. Many companies also will try to make you a lowball settlement offer. That is why having one of our mesothelioma lawsuit attorneys working for you is very important in the settlement negotiation process. This ensures that you will be fairly compensated for the loss of your loved one.

It is estimated that 95% of asbestos and mesothelioma lawsuits end in a settlement. The amount that you get for the loss of your loved one could be one of the largest financial events of your entire life. That is why it is so important to choose the right law firm to represent you.
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Mesothelioma Lawsuit Settlement Amounts

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Mesothelioma Settlements

Many people diagnosed with mesothelioma, or who have passed away because of this terrible disease, were diagnosed after working under unsafe conditions over which they had no control. Workers exposed to harmful asbestos for years on the job in construction, in the military, in shipyards, and in other industrial settings, without understanding or being aware of the risks, are now paying the price.

Decades after inhaling or ingesting asbestos dust and fibers on the job, some of these workers were diagnosed with mesothelioma. Many of them are now fighting for settlements to get fair compensation for the high costs of living with this devastating disease. The average mesothelioma settlement amount is around $1 million to $1.5 million, but the exact amount any victim can get depends on individual factors.

Asbestos and Mesothelioma Victims

Asbestos was used in many industries and as a component a wide range of different materials for several decades.  Until the mid-1970s, when regulations were put in place to limit its use and to require safer work environments, asbestos was heavily used in construction, shipbuilding, manufacturing, and other industries. Workers were most often not aware they were exposed or of the risks of working with asbestos.

Asbestos is known to be a human carcinogen, a substance that can cause cancer. The most common type of cancer diagnosed as a result of asbestos exposure is pleural mesothelioma, although it is rare in the general population. Mesothelioma is deadly, aggressive, and difficult to diagnose and treat; most victims don’t know they have it until decades after they were exposed to it. This kind of cancer affects tissue around the lungs and causes symptoms like difficulty breathing, coughing, and chest pains.

Many people who develop mesothelioma are considered victims because they were exposed to asbestos either without being aware of it or without knowing that there were risks associated with handling the material. Even family members of people who worked around asbestos were put at risk. Workers brought fibers of asbestos home on their clothing and exposed family. In some cases residents of neighborhoods near facilities that used asbestos were also exposed.

Mesothelioma Settlements Explained

A settlement is a legal agreement between two opposing parties that typically awards monetary damages to the individual who first brought the lawsuit against a defendant. The process of getting a settlement begins with a mesothelioma victim turning to an experienced lawyer to begin a lawsuit against the responsible party, in these cases the companies that exposed the victim to asbestos.

Asbestos exposure lawsuits rarely go all the way to a court trial. Instead they are typically resolved in a settlement, agreed on by both sides. If the two sides cannot agree on a fair settlement amount to be awarded to the victim, the case may go to court. Here, each side will argue the case and either the judge or a jury can choose to award a settlement amount or to decide in favor of the defendant.

Working with a Mesothelioma Lawyer

If you or someone in your family needs financial assistance to cover the costs associated with mesothelioma or other asbestos-related illnesses, it is important to work with an expert mesothelioma lawyer. This professional should have experience working on asbestos cases and be expert in asbestos laws in the state in which you will be filing.

With the right lawyer or legal team on your side you have the best chance of reaching a fair settlement with the company negligent in your asbestos exposure. While your lawyer will do most of the work, it is your role to provide all the necessary information that will build a strong case. You will be asked to share your medical records, work history, and any military experience.

Types of Compensation

The defendant in a mesothelioma settlement case may be forced to pay compensatory damages, punitive damages, or both. Punitive damages refer to compensation that the defendant must pay as punishment for being negligent, and to demonstrate to other potential offenders, that putting people at risk of asbestos exposure is costly.

Compensatory damages depend on a victim’s actual expenses related to being sick, and may cover a variety of expenses. They include past medical bills and future expected medical bills, actual lost wages, predicted lost future wages, physical pain and suffering, and emotional trauma. For the loved one of someone who passed away from mesothelioma, the compensation may include amounts to cover lost income for dependents, emotional pain and suffering, and loss of companionship.

What Affects a Mesothelioma Settlement?

There are several factors that go into agreeing on a settlement amount:

- How liable the defendant is
- The severity of the plaintiff’s illness and resulting disability
- The degree to which asbestos exposure impacted the plaintiff’s life or the family
- The exact costs the plaintiff incurred as a result of being sick
- Emotional suffering of the plaintiff or family
- Whether or not the plaintiff smoked
- Individual state laws
- Loss of companionship or monetary support in wrongful death cases

Settling out of Court vs. Going to Trial

If you are filing a mesothelioma settlement claim, you will have to choose whether you want to take an amount offered during an out of court settlement agreement or to let your legal team take it to trial. The latter can be risky because you must abide by the decision of the court. Your lawyer can give you expert council to help you decide, but ultimately the choice is yours. Many mesothelioma patients choose to settle out of court because trials are lengthy and time is limited with this disease.

Examples of Mesothelioma Settlements

More mesothelioma and asbestos cases end in settlements than go to trial. While everyone’s case is different, and individual factors influence settlement results and amounts, it can help to see what other victims have been able to win in their settlements:

- In Libby, Montana in 2011, one the most well-known mesothelioma cases, the judge-awarded a $43-million settlement to a group of plaintiffs. The victims included thousands of miners and town residents exposed to asbestos through a nearby vermiculite mine.

- In another 2011 case, victim Nancy Lopez was awarded a $10 million settlement verdict, approved by a Missouri circuit court judge. According to court documents, Lopez worked at the Jackson County courthouse in St. Joseph, Missouri, a building filled with asbestos. She died in 2010 from malignant mesothelioma. Lopez was part of a class action mesothelioma lawsuit brought about by numerous Jackson courthouse employees who were also exposed to asbestos. The total mesothelioma settlement for the class action suit was $80 million.

- The wife of a former steel worker in Illinois received a $250-million settlement in 2005. U.S. Steel, the company her husband worked for, was ordered to pay the amount. The former employee, 70-year-old Roby Whittington, was diagnosed with pleural mesothelioma in 2001, after of decades of asbestos exposure on the job. It’s one of the largest mesothelioma settlement awards given out for a single plaintiff.

A legal settlement is an important way that victims of asbestos exposure get needed compensation. They also get the satisfaction of the negligent company recognizing the harm it caused. Most people who develop mesothelioma were exposed to asbestos without being warned of the risks or the presence of the material. They were truly victims and are therefore owed compensation. If you have been diagnosed with mesothelioma, find the right lawyer who can help you win a settlement to help cover your costs and compensate you for being ill.
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Are Mesothelioma Lawsuit Settlements Taxable?

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Are Mesothelioma Lawsuit Settlements Taxable?


Mesothelioma Explained prides itself in advocating for mesothelioma patients and their families. You should know that you are not alone in your fight against mesothelioma cancer.

People who file for a mesothelioma lawsuit settlement with a chance for a significant payout are interested to know if the claim will be taxable. Given the fact that more taxes are paid for a more substantial sum of money, they are concerned about the potential significant amount that may be taken out of this settlement. Fortunately, the majority of these settlements are tax-free, to a certain degree.

Taxation is complicated, and knowledge about what to do and what not to pay tax on can be the most complicated.  Several factors can tell if the victims will have to pay tax on the money they are awarded during a settlement. Severe physical injuries, such as herniated discs and broken bones may qualify under the personal injury statute. On the other hand, less severe injuries, such as cuts, bruises, and muscle strains may also be eligible. Based on the IRS training manual for lawsuits and settlements, people who suffer only emotional can exclude from income the expenses related to the emotional injury.

When a person is awarded damages for acquiring an injury during their work, which resulted in wrongful termination, he will not have to pay tax on the losses but for the wrongful termination. Also, there are two requirements needed to make the financial award at settlement to be tax-free. First, the award has something to be with any form of physical injury, in which illnesses are categorized as bodily injury. The absence of this means that the award will be taxed. Secondly, when at the heart of the damage a wrongful act has been done or failed to do, and that the action is directly responsible for the injury which means that when the victim acquired an injury during a dispute, the award will be taxed. However, if someone else pushed the victim over while in the course of an argument; the award will be free from tax.

Nevertheless, the majority of the people in a mesothelioma lawsuit are awarded punitive damages. The punitive damages are given apart from the actual damages certain situations. Punitive damages are punishment and also an award when the behavior of the defendant has been found to be extremely harmful, yet not usually awarded in the context of the breach of contract dispute.

Punitive damages are always taxable. It’s because punitive damage does not offer compensation for money that the victims have lost or by having to use it or not having the ability to earn it. They are categorized as above and beyond whatever claim would help the victim return to the normal state of life.

There is also the emotional distress that mesothelioma victims are also awarded for. By definition, it’s not a physical injury which means that no matter how distressed they become which leads to becoming ill, the award for this will be taxable. However, if it has a definite relation to a physical injury, then it becomes free from tax.

Get Help from The Best

For people who are facing health issues due to asbestos exposure, they should contact the top mesothelioma attorneys. As experts in this field, they can help the victims through the legal options from a compensation standpoint.
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Mesothelioma Lawsuit Payouts

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Mesothelioma Lawsuit Payouts

Urgency of Mesothelioma Legal Claims

For many people who developed a disease caused by asbestos exposure, time is of the essence. That’s especially so for malignant mesothelioma sufferers. And time is really an unfair situation for mesothelioma victims as there’s such a long latency period between asbestos exposure incidents and when the disease symptoms present. By then, time is very short for patients, particularly if they’ve been diagnosed in a late stage of mesothelioma.

The latency period involved in a mesothelioma diagnosis combined with the disease’s aggressive nature make time an essential factor in ensuring claims are settled fairly and promptly.

Most asbestos compensation payouts are negotiated settlements handled by a law firm specializing in asbestos litigation. Courts and legislators established extensive legal frameworks over the past four decades. Hundreds of thousands of claims were made against negligent asbestos producers, product manufacturers, and suppliers.



Defendants were liable for untold illnesses and deaths of American workers and military veterans who unknowingly suffered exposure to airborne asbestos fibers. Now, many of these defendants have disappeared.

Several asbestos companies have gone out of business due to bankruptcy. Some have changed their name, been sold off or merged into larger partnerships—efforts that don’t excuse liability. But, it does make it harder to collect due compensation within a reasonable timeline. To estimate how long it may take to be paid for a settlement, it’s necessary to look at the full process and the steps involved.

Asbestos Lawsuit and Settlement Processes

The last thing most mesothelioma sufferers want is a long and dragged out legal process.

The main purpose of monetary compensation is accessing sufficient funds to cover existing damages like:

- Medical and healthcare costs

- Lost income

- Ongoing living and care expenses

While large settlement sums have been court-awarded after jury trial verdicts, most claimants would rather have their settlement adjudicated as quickly as possible. Mesothelioma patients need urgent treatments, which they deserve to be compensated for.

The fastest way to get your settlement paid out is by retaining a law firm specializing in mesothelioma litigation and representing other asbestos-related claims.

This is what to expect when retaining a law firm that practices asbestos litigation:

Medical Review: They’ll record the client’s health and work history in order to assess what degree of damage a plaintiff has and who the responsible party or parties are. These overall circumstances determine what legal course to pursue as well as what urgency there is in obtaining fair and just compensation.

Research: Attorneys who specialize in mesothelioma cases already have a massive amount of research at their disposal. They match a client’s circumstances with case precedents and known asbestos companies who’ve already been held liable for negligence. Based on the individual’s situation, attorneys recommend how to proceed with collecting compensation.

Litigation: Filing a formal lawsuit and taking it all the way to a jury trial is complex and time-consuming. It may not be in a claimant’s best interest, particularly where settlement time is important. Large settlements are typical with court-ordered verdicts. However, skilled attorneys know that negotiating a settlement with a named defendant is quicker and less stressful for the client.

Trust Funds: Often, attorneys recognize their client’s situation fits with assessing existing trust funds already established by major asbestos companies who reorganized under Chapter 11 bankruptcy protection. These funds are immediately accessible, provided the claimant proves they’re eligible. Trust funds pay less than lawsuit settlements but they’re a ready source of quick payout.
Workers Compensation: Some states have workers compensation programs that pay income assistance and expense support for asbestos disease claimants. This is also a fast and reliable compensation form but it depends on the individual circumstances. Sometimes, private healthcare insurance can fund payouts. Medicare and Medicaid are designed to pay for medical costs, not for income assistance.

Veterans Affairs: All United States military veterans are eligible for compensation and extended healthcare benefits where it’s shown their disability developed from active-service duty hazards like asbestos exposure. Provided veterans were honorably discharged, they can apply to Veterans Affairs (VA) for money and expense support. This timeline greatly depends on a veteran applicant having all their information ready and supplied to VA.

Negotiating a Timely Compensation Payout

Time comes into play on both sides of the compensation settlement negotiation table. Attorneys for both the plaintiff and defendant are duty-bound to work in their client’s best interest. For the mesothelioma patient, that interest is getting the most amount of compensation in the shortest time. But for the defendant, dragging the case out may be their strategy for forcing the claimant to settle with a much smaller amount than they’re reasonably due.

This sounds like nasty business. The truth is, mesothelioma is a nasty disease and the prognosis for long-term survival greatly depends on the disease stage when it’s diagnosed and treatment begins. A historical tactic on many asbestos defendants’ part was to stall the proceedings and bet that the litigant would expire before they were forced to pay out.

Experienced mesothelioma lawyers know this tactic and prepare for it. They also know another anticipated response is for the defendant to quickly make a low-ball settlement offer. This is to entice a suffering patient into accepting less than what the defendant would have to pay should the courts make a decision. Unfortunately, this is part of the litigation process. It’s the claimant attorney’s role to understand what the best overall compensation is given the particular case timeline.


Expediting Mesothelioma Compensation Payouts

Most compensation processes recognize the urgency in settling mesothelioma cases. Those familiar with mesothelioma understand that this disease is particularly aggressive when reaching a stage that can be accurately diagnosed. Often, there are only a few months to two years left in a mesothelioma patient’s life expectancy. That’s unless caught early enough for treatment to start.

Mesothelioma treatment is expensive. Very few patients can afford to directly pay for proper mesothelioma intervention. They need compensation help and they need it fast. Following a typical lawsuit timeline isn’t practical or realistic for mesothelioma victims. This is where an experienced attorney who specializes in mesothelioma practice makes all the difference.

Mesothelioma law firms have the experience and connections to expedite compensation settlements for their clients. Most lawsuits follow a rigid timeline that starts within a certain statute of limitations for commencing an action once a disease or disability diagnosis is made. Then comes the information exchange period between plaintiff and defendant where disclosure is made and trial preparation happens.

Realistically, it takes two to three years before civil trials happen. An actual trial may only be a week or two, but waiting to get paid for a settlement can take months or even years longer. Mesothelioma patients just don’t have that time luxury. Their best recourse is retaining an experienced law firm that specializes in mesothelioma litigation to expedite their case.

Retaining a Specialized Law Firm to Expedite Compensation Payouts

A law firm specializing in mesothelioma litigation will focus on expediting their client’s compensation payout. That begins with assessing the urgency and what best process to undertake. Attorneys who deal with mesothelioma are fully aware of their clients’ short timeline. Being compassionate, they proceed with negotiating mesothelioma settlements as a top priority.

If you’ve been diagnosed with mesothelioma, then you need an advocate to fight on your behalf and get you the compensation you deserve—quickly. Contact the Mesothelioma Justice Network today to work with our Justice Support Team.
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Mesothelioma Lawsuit After Death

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After Death Mesothelioma Claims | Family Members and Victims’ Rights

Thousands of companies have had to defend themselves from asbestos lawsuits. Some of these cases were brought by the family of a person who was diagnosed with mesothelioma or an asbestos-related illness, and passed away either before or during a lawsuit. People who are close enough to the deceased can file a wrongful death claim, provided they meet certain criteria.

An experienced attorney will educate you about your right to resubmit your lawsuit as a wrongful death suit. The laws for this process differ between states.

Wrongful Death Lawsuits: Statutes of Limitations

Time is of the essence when it comes to wrongful death lawsuits related to asbestos. Generally speaking, you have one to three years to make your asbestos claim. The amount of time you have to file depends on the state where you will file your claim.

Kazan Law’s History of Winning Wrongful Death Suits

In 2014 Kazan Law was recognized for obtaining the largest wrongful death jury verdict in all of California.. Representing Emily Bankhead, Tammy Bankhead, and Debbie Bankhead-Meiers, the widow and adult daughters of Gordon Bankhead, Kazan Law partner David McClain led our team to an $11.3 million verdict on behalf of the family. The defendant, Pneumo Abex, routinely exposed Mr. Bankhead to asbestos-containing brakes.

After Death Mesothelioma Claims: Who Can File a Wrongful Death Lawsuit?

Certain criteria must be met and the death itself needs to be the result of negligence or a wrongful act to file a wrongful death suit.

The ability to seek compensation for the death of an individual has evolved over time. In the past when a person was murdered or died at the hands of someone else’s negligence or wrongful act, you could not sue for damages. It was actually cheaer for the guilty party financially if the victim died as a result of the injuries, rather than having to pay for lifetime medical bills, lost wages, and pain and suffering compensation.

Seeing this problem with old law, governments established the right for people to sue for compensation as a result of a wrongful death. But the people who could bring the suit forward had to be close enough to the deceased that it made sense. An acquaintance or long lost cousin could not come forward and claim they deserved compensation for the death of a person they barely knew.

Legally speaking, you need to be eligible to file your suit. This is called “standing.” Below are some examples of the types of relationships that may permit a wrongful death suit.

- Husbands, wives, children (including adopted or step), mothers and fathers, sisters or brothers

- Grandparents are also included

- People who are financially dependent on the deceased (This varies by states. In California you need to be at least half financially dependent)

Asbestos companies knew long ago that the substance could lead to death and sickness. Exposing their employees or customers to asbestos can qualify as negligence or a wrongful act.

If you are an immediate family member or financially dependent on a person who has died from asbestos, you should talk with an experienced attorney about filing a wrongful death suit.

The Asbestos, Wrongful Death Lawsuit Process

In all asbestos-related cases, a good lawyer will conduct extensive research. This often starts with interviews with the potential plaintiff. We have our own team of investigators who are experienced in asbestos and have a comprehensive resource database. Kazan Law is aware of almost every company that has used asbestos, enabling our research process to be fast, efficient and accurate. Only at the conclusion of our research will we make an official legal recommendation on what you should do.

If we conclude that you should file a lawsuit and seek damages, we will file the claim. Determining which state to file in is not always straightforward. Generally the claim is filed where the asbestos victim lives or was exposed to asbestos. If there is another state where you could file the case and achieve better results, that state may be chosen.

Discovery is the next part of the lawsuit process. This where your attorney works to build the best case possible. He or she will depose the defendants and gather information about your work history, personal and medical history.

Defendants and their attorneys will make efforts to get the lawsuit dismissed before there is ever a trial. They may also attempt to lowball you on a settlement. Having one of Kazan Law’s experienced attorneys for the negotiation process will guarantee you get the compensation you deserve. Roughly 95% of mesothelioma and asbestos cases will end in settlements. The amount you receive is likely going to be the most significant financial event of your life. So it’s very important to carefully select the right law firm. Our mesothelioma law firm has secured multi-million dollar settlements and verdicts for our clients.

To see what legal options you have regarding a wrongful death lawsuit related to asbestos exposure, contact Kazan Law for a free consultation.
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How a Wrongful Death Lawsuit Works

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How a Wrongful Death Lawsuit Works

A wrongful death claim is a special kind of personal injury lawsuit made when someone is killed due to another party's negligence or intentional act.


Wrongful death claims are brought against a defendant who has caused someone's death either negligently or through intentional harm. Wrongful death claims allow the estate of the deceased person to file a lawsuit against the party who is legally liable for the death. The suit is usually filed by a representatative of the estate, on behalf of surviving family members and other affected parties.

When Is a Wrongful Death Claim Applicable?

A wrongful death claim is applicable when a victim who would otherwise have a personal injury claim is killed as a result of either negligence or an intentional harmful act on the part of the defendant. This can occur in a variety of situations, including:

When a victim is intentionally killed. For example, OJ Simpson was sued for wrongful death for the murders of Nicole Brown Simpson and Ronald Goldman. The case was based on an intentional act.

When a victim dies as a result of medical malpractice. If a doctor failed to diagnose a condition, or if the doctor was careless in the level of care provided, and death resulted, then a wrongful death action can be brought against the doctor.

Car accident fatalities involving negligence. If a victim dies as a result of car accident injuries, a wrongful death claim may be brought.

These are just a few examples of personal injury cases that can turn into wrongful death claims. A wrongful death claim can stem from almost any kind of personal injury situation, although one notable exception exists for work injuries that result in death, which usually must be handled exclusively through the worker's compensation system.

What Must Be Proven?

In order to hold the defendant liable in a wrongful death claim, the plaintiffs in the claim (usually through the estate of the deceased victim) must meet the same burden of proof that the victim would have had to meet had the victim lived. So, using negligence as an example, this means showing that the defendant owed the victim a duty of care, that the defendant breached this duty, that the breach of duty was a direct and proximate cause of the death, and that the death caused the damages that the plaintiff is trying to recover.

See How to Prove Fault for a Wrongful Death Claim for more on the legal elements you'll need to make your case.

Who Can File a Wrongful Death Claim?

A wrongful death claim is usually filed by a representative of the estate of the deceased victim, on behalf of survivors who had a relationship with the victim. Exactly who those survivors can be varies from state to state.

In all states, a spouse may bring a wrongful death action on behalf of his or her deceased spouse. Parents of minors may also bring a wrongful death action if one of their children is killed, and minors can collect compensation for the death of their parents. Where states start to disagree is whether parents of adult children can sue, whether adult children can sue for wrongful death of their parents, whether grown siblings can sue for wrongful death, or whether extended relatives like cousins, aunts, uncles, or grandparents can sue. Usually, the more distant the familial relationship is, the harder it will be to show that you should be allowed to collect wrongful death damages.

In some states, the life partner of the deceased may bring a wrongful death claim, as can anyone who can show financial dependence on the deceased.

Learn more in our article on Who Can File a Wrongful Death Lawsuit?

Wrongful Death Damages

Damages in a wrongful death claim -- categories of losses for which a survivor might be able to receive compensation -- include:

- the deceased person's pre-death pain and suffering - called a survival claim in a wrongful death case.

- the medical costs that the deceased victim incurred as a result of the injury prior to death

- funeral and burial costs

- loss of the deceased person's expected income

- loss of any inheritance as a result of the death

- value of the services that the deceased would have provided

- loss of care, guidance, and nurturing that the deceased would have provided

- loss of love and companionship, and

- loss of consortium.
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Personal Injury Claims

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Personal Injury Claims: When You Need a Lawyer

For certain personal injury claims -- such as those for severe injuries, malpractice, or toxic exposure -- you'll want to consult a lawyer.

Sometimes, the skills of an experienced personal injury lawyer -- or at least the threat to an insurance company that such a lawyer may present -- are worth the money you must pay that lawyer to represent you. You may need a lawyer because of complex legal rules involved in your particular claim, or because the severity of your injuries might cause your compensation to vary greatly from the norm -- or simply because an insurance company refuses to settle a matter in good faith. The following types of injuries and accidents almost certainly require a lawyer's help.


Severe Injuries

The amount of your accident compensation is mostly determined by how severe your injuries were. And the severity of your injuries is measured by the amount of your medical bills, the type of injuries you have, and the length of time it takes for you to recover. As the amount of your potential compensation increases, the range within which that compensation may fall becomes wider. In such cases, it may be worth the expense to have a lawyer handle your claim and make sure you receive compensation at the highest end of the range.

Medical Malpractice

If you have suffered an injury or illness due to careless, unprofessional, or incompetent treatment at the hands of a doctor, nurse, hospital, clinic, laboratory, or other medical provider, both the medical questions and the legal rules involved are complex. They almost certainly require that you hire a lawyer experienced in medical malpractice cases. See Nolo's section on Medical Malpractice for more detail on these complicated cases.

Toxic Exposure

In the increasingly chemical world, we sometimes become ill because of exposure to contaminants in the air, soil, or water, in products, or in food. Claims based on such exposure are difficult to prove, however, and often require complex scientific data. And because the chemical and other industries have erected a huge wall to protect themselves from legal exposure while they continue to expose us to potentially harmful chemicals, the required evidence is very hard to come by. Get expert help.



When an Insurance Company Refuses to Pay

In some instances, regardless of the nature of your injury or the amount of your medical bills and lost income, you will want to hire a lawyer because an insurance company or government agency simply refuses to make any fair settlement offer at all. In these cases, something -- what the lawyer can get minus the fee charged to get it -- is better than nothing.

Finding a Good Personal Injury Lawyer

One good way to find a lawyer is to ask friends, acquaintances, or other lawyers for referrals -- and then interview the candidates. In addition, Nolo provides a personalized Lawyer Directory with information about each lawyer's experience, education, and fees, and perhaps most importantly, the lawyer's general philosophy of practicing law. By using Nolo's directory you can narrow down candidates before calling them for a phone or face-to-face interview. For more details on locating and selecting a good personal injury lawyer, read Nolo's article on Finding a Personal Injury Lawyer.
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Attorney-at-Law Definition

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attorney-at-law noun

plural attorneys-at-law

Definition of attorney-at-law

: a practitioner in a court of law who is legally qualified to prosecute and defend actions in such court on the retainer of clients

Synonyms for attorney-at-law

Synonyms

advocate, attorney, counsel, counselor (or counsellor), counselor-at-law, lawyer, legal eagle

First Known Use of attorney-at-law
1702, in the meaning defined above

Learn More about attorney-at-law


Dictionary Entries near attorney-at-law

atto-

attorn

attorney

attorney-at-law

attorney general

attosecond

attour



Time Traveler for attorney-at-law
The first known use of attorney-at-law was in 1702


More Definitions for attorney-at-law

attorney-at-law noun

plural attorneys-at-law

Legal Definition of attorney-at-law

: LAWYER

— compare ATTORNEY-IN-FACT


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Four Things to Know About Mesothelioma Commercials

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Four Things to Know About Mesothelioma Commercials


A mesothelioma television commercial is often the first introduction most people have to this rare and aggressive cancer caused by exposure to asbestos.

The commercials usually start with: “If you or a loved one was diagnosed with mesothelioma” The information that follows is almost always about reaching a lawyer regarding a potential legal claim.

While these commercials help raise awareness about the disease, they often leave viewers with unanswered questions:

- Can any attorney represent mesothelioma patients?

- What are asbestos trust funds?

- How do mesothelioma lawyers get paid?

- Why do people with mesothelioma have to call now?

Malignant mesothelioma is unique among medical conditions.

It is a deadly cancer caused almost exclusively by manmade asbestos products. Those who manufactured these products and the companies that used them often knew asbestos was toxic to humans, but didn’t warn workers or their families.

Because of the negligence of these companies, those affected by asbestos products seek attorneys who can handle complex asbestos-related cases, which leads to the television advertisements for mesothelioma lawyers across the country.

Can Any Attorney Represent Mesothelioma Patients?

The short answer is no.

Mesothelioma presents unique challenges in the legal sense, even for experienced injury attorneys.

There is no easily identified single act or occurrence immediately evident because exposure to asbestos may have occurred 20, 30 or 40 years before diagnosis, making it difficult to trace.

Law firms that regularly handle these types of cases work with their clients on work history and witnesses to gain a better sense of determining the exact moment of exposure and the company or employer responsible.

Asbestos Trust Funds

Companies that manufactured asbestos products or companies in which employees worked with asbestos products are generally liable for causing the disease because they failed to warn employees as part of an industrywide asbestos cover-up.

Many of these negligent companies filed for bankruptcy reorganization and are protected from lawsuits, but the U.S. government required them to create asbestos trust funds with enough money to pay a portion of the asbestos claims.

People injured by these companies can file an asbestos bankruptcy claim, which is not a lawsuit, against one of these trusts. Once a claim is filed, trustees who manage the asbestos trusts will determine the amount of compensation based on certain categories, levels of disease and medical criteria.

There are more than 50 asbestos trusts today with an estimated $30 billion in assets designed to compensate those harmed by asbestos.


How Do Mesothelioma Lawyers Get Paid?

Mesothelioma lawyers work on a contingency fee basis.

That means their clients pay nothing until they receive compensation from various asbestos trust funds or companies sued. Clients also pay nothing if the attorneys do not recover anything for the client.

Total compensation will vary depending upon the diagnosis, the companies responsible, the medical history of the patient, where the claim is filed and other factors.

The amounts can range from just enough to cover medical expenses to millions of dollars.

Why Do People with Mesothelioma Have to Call Now?

There’s a reason viewers are told “Don’t wait. Call the number on the screen now.” That’s not an overstatement.

The statutes of limitation will vary from state to state, usually ranging from one to five years from the date of diagnosis to file your claim. If you wait too long, it could be too late.

The average life expectancy for a person with mesothelioma ranges from 12 to 21 months after diagnosis. That’s why timing is critical.

Family members of a person who already died of the disease will have much the same rights. Even after a patient dies, the family can file a claim and receive compensation, provided it is within the statute of limitation.

It’s important to understand that commercials about mesothelioma lawyers help raise awareness of the disease among possible victims and their family members, but it’s also crucial to have all the information about this rare disease before contacting an attorney.
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Mesothelioma Lawsuit

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After a mesothelioma diagnosis, it is natural for a person to focus only on their health. But if you or a loved one is diagnosed with an asbestos-related disease, you should consider contacting a mesothelioma lawyer immediately.

Mesothelioma is an almost entirely preventable cancer. Many companies who produced, distributed or used asbestos products knew of its dangers and failed to warn their employees. Filing a lawsuit can help those diagnosed with mesothelioma get the compensation they deserve.

A qualified mesothelioma attorney can help you decide whether to pursue a lawsuit and guide you through the process. The right asbestos attorney can help you file your claim before the statute of limitations expires. They will evaluate your case so you can receive the maximum compensation.

Most mesothelioma lawsuits never go to trial because they are settled out of court before the trial takes place.

Primary Types of Mesothelioma Lawsuits

Personal Injury Claims

A person diagnosed with mesothelioma can file a personal injury lawsuit against a company responsible for exposing them to asbestos.

Wrongful Death Claims

If a mesothelioma patient files a lawsuit but passes away before it’s resolved, their loved ones may be able to step in as plaintiffs. Family members may have the option to file their own wrongful death claims. This can provide compensation to assist with medical bills, funeral expenses and loss of income.

Common Questions About Mesothelioma Lawsuits

Q: How Long Does a Mesothelioma Lawsuit Take?

A: The legal process for an asbestos-related lawsuit depends on the health of the plaintiff. If you are in poor health, the entire process can be expedited. If there is no urgency, the process could take several months or longer. In either case, the defendant probably will try to drag out the process. Your attorney will work to resolve your case as quickly as possible. They will handle each step so you can focus on your health and spend time with your loved ones.

Q: Will I Need to Travel?

A: The location where you file can affect the length of the case process. Your attorney will help you choose the best jurisdiction for your case. It may be necessary to file outside the state where you live. You typically will not need to travel. Mesothelioma attorneys can often handle the entire case process and travel to you when necessary.

Q: How Much Do Mesothelioma Lawyers Charge?

A: Most mesothelioma lawyers work on a contingency fee basis. This means your attorney only gets paid if you agree to a settlement or win your lawsuit. When you settle or win a case, a percentage of the award will be paid to your lawyer. If not, you pay no attorney fees.

Choosing a Mesothelioma Attorney

The first step in a successful filing process is choosing an attorney. If you worked for a large corporation that closed or is bankrupt, funds were likely set aside to help pay medical and related expenses for mesothelioma patients.

A mesothelioma attorney is knowledgeable about these funds and will help you file a claim. In addition, a mesothelioma attorney is familiar with asbestos manufacturers and will determine who is responsible for your suffering.

When you talk to the asbestos attorney, be prepared to discuss past employment, health history and current health status. It is very important to hire a lawyer you feel comfortable talking to.


Mesothelioma Lawsuit Process

While everyone’s case is different, there are certain steps that apply to nearly everyone who files an asbestos-related lawsuit. Your attorney will handle each of these steps and explain the process along the way.

For the most part, mesothelioma lawsuits follow these steps:

Preparation

Your attorney will gather information about your history of asbestos exposure to determine who is responsible for your condition and where to file your lawsuit. You may be eligible to file your lawsuit in more than one jurisdiction.

Filing

Your lawyer must file a written complaint with a court to start the legal process. Your attorney will prepare and file this document. For your case to move forward, your complaint must follow different court rules on how the document is written and the details it provides about your claim. An experienced attorney will be familiar with these rules and use this knowledge to help present your claims to the court.

Responses

Each defendant in your lawsuit will receive a copy of your complaint. They will have a certain amount of time — usually 30 days — to respond. Because many years have likely passed since your asbestos exposure, the responsible company could now be a different company or could be bankrupt. It may take some time to locate and provide the appropriate people with your complaint. Your attorney will oversee this process. Defendants rarely admit fault. They most likely will deny your claims and argue that your complaint is not valid or that someone or something else is responsible for your exposure to asbestos. They may even claim that your condition is not related to asbestos exposure. Don’t worry. This is normal. Your attorney will reply to each defendant’s responses.

Discovery

Lawyers on both sides gather information about your allegations, asking the other side to answer written questions, produce documents and participate in depositions. Some of the information will become the evidence used at trial. Discovery may take several months, but if you are very sick, your attorney can ask the court to speed the process along before your condition worsens. The defendant’s lawyers will look for evidence that something or someone else caused your illness. They will demand personal information about you such as your medical history, work history and information about your personal habits. They may also seek information from your loved ones, doctors, co-workers and former co-workers. You probably will need to participate in a videotaped deposition. If so, you will answer questions under oath from the defendant’s lawyer. This process may take a few hours or several days, but it often can be performed from the comfort of your own home. Your attorney will prepare your responses to any written questions and document requests. Your lawyer will also go over likely deposition questions with you in advance and assist you during the deposition. In addition to helping you respond to discovery requests, your lawyer will make similar demands for information supporting your claim that the defendant negligently exposed you to asbestos.

Settlement

Before a trial starts, a defendant may offer to resolve the case by offering you money. If you decline the settlement offer, it’s possible the defendant will make another offer during trial. Your attorney will negotiate on your behalf. Mesothelioma settlements vary on multiple factors and can influence your decision whether to go to trial.

Trial

The trial process varies depending on where you file a claim. In many cases, it is not necessary for you to appear in court. If you win and the defendant does not appeal, you will usually start receiving payments a few months after the trial.

Appeal

If you win the trial, the defendant may decide to file an appeal. There is a limited amount of time to file an appeal, usually between 30 and 180 days. This will delay any monetary award, but the defendant will need to post “bond” for the amount awarded while the appeal proceeds. If the defendant loses its appeal, you will start receiving payments. If the appeal is successful, the defendant may end up paying a smaller amount or nothing at all. An appeals court generally accepts any facts the trial judge and jury found to be true. Usually the only thing an appeals court decides is whether the trial court correctly applied the law to the case. If a mistake was made that affected the result of the trial, the appeals court may order a new trial. Sometimes the appeals court can just correct the mistake without a new trial such as when the amount of the award was calculated incorrectly. If your case is appealed, your attorney will be available to explain the process to you.

What to Expect from Defendant Responses

Once you file your claim, be prepared for defendants to deny fault for your medical condition. They may allege that

- Smoking, drinking or drug use caused your health problems.

- Your family history shows significant health problems among relatives.

- You worked at other places where asbestos was a bigger problem.

- You have not been properly diagnosed by a medical professional.

- The petition was not filed correctly, even if it was filed on time.

- Exposure to asbestos and other toxic substances happened at home or elsewhere, not just at work.

- You do not have the authority to file a wrongful death lawsuit on behalf of the deceased.

- Your medical condition is not related to asbestos exposure.

Don’t take these allegations to heart; just let your attorney handle them. Defendants may also include a settlement request in their response, but this is rare. Companies may be willing to settle right away in order to avoid a lengthy and costly lawsuit. However, this first settlement offer may be very low. Expect to wait until closer to trial, or even during the trial itself, to receive a reasonable offer.


History of Asbestos Litigation
Asbestos litigation is considered the longest-running mass tort in U.S. history, dating to the late 1960s.

1964
Doctors Prove Asbestos Causes Lung Damage & Disease
The medical findings of Drs. Irving J. Selikoff, Jacob Churg and E. Cuyler Hammond proved conclusively that asbestos caused lung damage and disease.


1965
Tort Laws Pave Way for Asbestos Litigation
A 1965 publication by The American Law Institute of the Restatement of the Law of Torts stated in section 402A that anyone “who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is liable for the harm caused by that product to the consumer or end user.” It also explained this would not include unsafe products as long as they were “accompanied by proper directions and warning.” The court decided asbestos manufacturers knew the dangers of asbestos exposure but failed to appropriately warn asbestos workers. This opened the floodgates for asbestos-related lawsuits.


1966
First Asbestos Products Lawsuit Filed
Claude Tomplait was diagnosed with asbestosis in July 1966. Attorney Ward Stephenson filed the first asbestos products lawsuit on Tomplait’s behalf in December 1966. The defendants were 11 manufacturers of asbestos insulation products, including Johns Manville, Fibreboard Paper Products and Owen Corning Fiberglass. The case went to trial on May 12, 1969. The verdict came a week later, and it was in favor of the defendants.


1969
Borel v. Fibreboard Paper Products
In October 1969, Stephenson represented one of Tomplait’s co-workers, Clarence Borel. He developed an advanced case of asbestosis while working in the shipyards and oil refineries along the Texas-Louisiana border. Stephenson once again filed a lawsuit, seeking $1 million in damages, against numerous asbestos manufacturers across the U.S. This time, the result was different.

Borel v. Fibreboard Paper Products Corporation was decided for the plaintiff in 1973 in the amount of $79,436. Unfortunately, Borel never heard its final disposition from the U.S. Court of Appeals, Fifth Circuit. He died of mesothelioma in June 1970.


1980 – Present
Asbestos Tort Litigation Continues to Grow
Buoyed by the success of Borel v. Fibreboard, asbestos workers chose to use tort litigation to obtain compensation for their injuries. Although there is no national registry for asbestos personal injury claims, independent reports show asbestos litigation has grown significantly in the U.S. during the past several decades.

The RAND Institute for Civil Justice began analyzing asbestos litigation in the early 1980s. Approximately 730,000 people in the U.S. filed compensation claims for asbestos-related injuries from the early 1970s through the end of 2002. It cost businesses and insurance companies more than $70 billion.

The total number of companies sued jumped from 300 to 8,400 between 1982 and 2002.

As of 2013, the number of asbestos defendants had grown to more than 10,000 companies. A 2016 report from Kansas City Industrial Council showed there were 4,465 unique filings in 2015. An average of 69 defendant companies were named in each lawsuit.

The highest number of companies named on one complaint was 361, while only 12 lawsuits named one defendant.


Notable Asbestos Lawsuit Verdicts

Hundreds of thousands of people have filed mesothelioma lawsuits to seek compensation from companies that negligently exposed them to asbestos. Compensation from lawsuits helps reduce financial hardships during an illness and provide a more stable future for loved ones.

$250 million
A retired U.S. Steel worker from Indiana won a 2003 mesothelioma trial after alleging U.S. Steel was responsible for exposing him to asbestos insulation for decades. The company was expected to appeal the $250 million verdict, but instead settled out of court for an undisclosed amount.

$115 million
In 1998, a Texas jury awarded $115 million to 21 steelworkers. They developed asbestosis while working around an asbestos-containing grinding wheel at an Alabama steel mill. The grinding wheel manufacturer, Carborundum Company, was ordered to pay $100 million in punitive damages.

$48 million
In 2012, a jury awarded $48 million to construction worker Bobbie Izell. He was exposed to asbestos on construction sites in the 1960s and 1970s and diagnosed with mesothelioma in 2011. Construction remains one of the top professions for asbestos exposure.

$18.6 million
A Dallas County jury awarded $18.6 million in 2014 to the family of a tire builder who died of mesothelioma. The employee was repeatedly exposed to asbestos over 30 years while working with Goodyear Tire & Rubber Co. machines at a plant in Tyler, Texas.

What Should You Expect from a Mesothelioma Lawsuit?

Although most mesothelioma lawsuits follow a similar process, every case is different.

Results depend on your history with asbestos exposure, the state where the lawsuit is filed, your medical history and other factors.

Going to trial is rare. Even if a case does go to court, you may not be required to appear.

Settlements and trial verdicts vary depending on the case. While verdicts may produce more compensation, settlements typically award claimants quicker. This can help pay for cancer treatments and other bills.

An experienced mesothelioma attorney can simplify the process and build your case so you and your family can get the compensation you deserve.
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Mesothelioma Law Firm Directory

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Mesothelioma Law Firm Directory



Mesothelioma Lawyers

Originally hailed as an uncommonly useful material used in a variety of applications to make things lighter, stronger, fire resistant, more flexible, and other desirable attributes, we know now that asbestos is a profoundly hazardous substance that causes many health problems. One of the most well-known diseases caused by exposure to asbestos is mesothelioma and it affects over 2,000 people each year in the U.S. and many thousands more throughout the rest of the world.

Sadly, it is estimated that millions of people all over the world have been exposed to asbestos in their daily lives and medical science is still discovering how this exposure affects their health and the health of those around them. As awareness has grown about the disease and the numbers of victims has risen, companies that were lax about controlling asbestos in the workplace have faced litigation from victims represented by law firms and mesothelioma lawyers specializing in bringing mesothelioma cases to court.

What is Mesothelioma?

Mesothelioma is an uncommon form of cancer which creates malignant cells in the body’s mesothelium, the membrane that covers many of the body’s internal organs. The cancer cells begin to develop and multiply and the cancer is capable of spreading from the source to other organs and areas of the body. Symptoms include shortness of breath, chest pain, anemia, fever, abnormal blood clotting, and others depending on the cancer’s location.

What causes Mesothelioma?

The single biggest cause of mesothelioma is exposure to asbestos fibers in the home or workplace. Although there have been recorded cases of mesothelioma where the victim has had no asbestos exposure, the vast majority of victims have worked with or worked in an environment where asbestos dust was present.

Who is at Risk for Mesothelioma?

The vast majority of mesothelioma victims are people who have worked in industries such as mining, construction, shipbuilding, heating and cooling installation, and places where asbestos is processed and produced. The risks of contracting mesothelioma and other asbestos-related diseases scale with the length of time a worker has been exposed. There is additional evidence that suggests that people living with workers in asbestos-related industries may also be at increased risk from coming into contact with dust and fibers brought into the home on workers’ clothing.

What to do about Mesothelioma

If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease, it is highly recommended that you contact a mesothelioma lawyer with experience bringing mesothelioma cases to trial. A mesothelioma settlement can help to defray medical expenses and provide for your family in the event of your passing. MesotheliomaLawyers is dedicated to providing timely information about mesothelioma, its causes, and assisting those who suffer from this condition. Check back often for new information about mesothelioma and options for mesothelioma victims and their familes.
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How to Use Forex Factory Free Trading Tools — A Complete Guide
Have you heard of Forex Factory?

You probably do since it’s the leading forum for Forex traders since 2004.

But here’s the thing…

…most traders don’t take the full advantage of what Forex Factory has to offer.

All they do is to go into the forum, enter the “Trading Systems” thread, and look for new trading systems.

Then they apply the strategies for a while and when it fails, they got back to the forum and look for “the next best thing”.

And the cycle rinse repeats itself.

No wonder most traders fail because they are in the cycle of hopping from one trading strategy to the next.

Now…

Forex Factory is more than just a place to find new trading strategies. In fact, they offer useful trading tools that will improve your trading experience, and it doesn’t cost you a dime.



Are you ready?

Then let’s begin…

Forex Factory calendar — stay ahead of the news and never get caught with your pants down



The Forex Factory calendar highlights key fundamental news that’s coming up.

You’re probably wondering:

“If I’m a pure technical trader, does it matter to me?”

Yes it does, especially for short-term traders.

For example:

You don’t want to enter your trades just ahead of a big news event because the spread could widen and put you at a huge disadvantage.

Or if you’re in an open position, you might want to reduce your risk exposure so you don’t get stopped out on the volatility spike.

Make sense?

Good. Now, let’s learn how to use the Forex Factory calendar to your advantage…

1. Select your timezone

Here’s how to do it:

- Go to Forex Factory website
- Select the “Time” button at the top right-hand side of the page
- Then, select the time zone you’re in. And that’s it!

An example:



2. Filter yours news

Now…

There is plenty of news coming out each day from different countries. Like CPI, PPI, Retail Sales, Inflation, Central Bank, and etc.

And most of it does not affect the markets as they are not a major news event.

So, how do you know which news event to pay attention to and which to ignore?

Well, this is where the Forex Factory news filter comes in handy.

Here’s how to do it:

- Select the “Calendar” tab at the top of the page
- Then select the “Filter” button at the top right-hand side of the page

You’ll see something like this…



Next, check the red and orange box. This means the calendar will only reflect high and medium impacts news event (if you want to include the low impact event, feel free to do so).

Then, check all the event types as you don’t know which events are the high impact ones. So it’s safer to just check them all.

Lastly, you can select which country news you want. I suggest checking all of them so you’re aware of the important fundamentals going on around the world.

How to use Forex Factory Sentiment Indicator and find high probability trading setups

This is a trader’s sentiment indicator derived from Forex Factory Trade Explorer. It’s converted into a visual chart showing you how many % of traders are long or short (on a currency pair).

Here’s how to access it:

Select the “Trades” tab at the top of the page. Then scroll down a little and you’ll see something like this…



Now here’s the thing:

I’m sure you can agree that most retail traders enter the market at the worst possible time. Like “chasing” the market after it has made a huge move, or trying to pick market tops and bottoms.

Knowing this fact, you can then use the sentiment indicator as a contrarian approach.

You’ll look to go long when most retail traders are short, and long when most retail traders are short.

Here’s how to do it:

- Identify a currency pair that reaches an extreme reading of at least 60%
- Wait for a valid trading setup that is against the herd

An example…

As you can see, EURJPY has 63% of traders short this market.



This means as a contrarian, you want to go against the herd. So, you’ll look for a long trading setup.

Moving on… the EUR/JPY 4-hour timeframe looks like this:



So, how do you enter this trade?

Well, you could look to get long at the area of Support if there’s a price rejection like Pinbar, Engulfing pattern, and etc.

If you want a full explanation on entries, exits, and stop loss… go read The Complete Guide to Finding High Probability Trading Setups.

And one last thing…

You don’t want to enter a trade just because the sentiment indicator is at an extreme. It can remain at an irrational level longer than your account can remain solvent.

That’s why you need a valid trading setup with precise entries and exits so you can better manage your risk.

How to monitor your trading positions in real time (even if you’re at work)

I know.

You have a full-time job and it’s difficult to monitor your positions while at work.

You’ll probably sneak to the toilet every 30minutes or so just to see how your positions are doing.

But I’ve got good news for you…

…because it’s possible to monitor your trading positions in real time, without sneaking off to the toilet every few minutes.

Here’s how to do it…

Select the “Market” tab on the top of the page.

It’ll look like this…



Tada!

Live Forex charts in front of your screen. No downloads, login, or subscription required.

Do you know what else I like about it?

Just below the charts, you can see what the current market session is (whether it’s Sydney, Tokyo, London, or New York).

An example:



This is useful for traders who are wondering what time does the London or New York session opens, and whether there are daylight savings or not.

With this tool, you never need to second guess yourself again — plus it is synchronized with your local time.

How to find the correct Forex trading broker

I’m sure you’ll agree with me that it’s difficult to find a broker you can trust.

You never know if the broker is on the opposite side of your trades, whether they are financially strong, or would simply vanish after taking your money.

And this is one reason why I never recommend brokers publicly because you never know what’s going on behind the scenes.

Well, the good news is…

Forex Factory can help you filter down a list of brokers that you might consider trading with. They provide a list of brokers you can compare with side by side, so you can identify the ones that meet your needs.

Here’s how…

Select the “Brokers” tab on the top of the page.

An example:



Now, there are many things you can compare across brokers. Their real-time spread, markets available, minimum deposit, platforms available, languages, regulatory bodies, headquarters, and etc.

And I know it can be overwhelming to look at so many things when selecting a broker.

So, here’s my top 5 list to consider:

- How many countries is the broker regulated in?
- What is their real-time spread like during normal hours and major news release?
- How many markets can you trade?
- Is it easy to deposit and withdraw your money?
- Is their customer support responsive?

So do your own due diligence and find out which brokers suits you best.

And one last thing…

There’s an important disclaimer on Forex Factory website that states:

Brokers pay Forex Factory a fee to be listed on this page, so a claim of complete independence cannot be made. However, this product was entirely designed from a trader’s perspective, and several practices have been implemented to ensure information is presented impartially.

This means there are other good brokers that aren’t mentioned on Forex Factory and you must do some digging to find out for yourself.

Now let’s move on…

How to set up a trading journal in Forex Factory and improve your trading results

Here’s the thing:

If are serious about trading, then you must have a trading journal. It’s the only way to keep track of what you’re doing so you can improve on it.

Without one, you might as go gambling in a casino (and it still provides free booze and babes).

However, I bet that 80% of you reading this right now don’t have a trading journal, or you don’t properly record your trades.

So in this section, you’ll learn how to do it using a trading journal from Forex Factory.

But you’re wondering:

“Why set up a trading journal in Forex Factory when I can do it on my computer?”

That’s a good question and here’s why…

3 reasons why you should set up a trading journal in Forex Factory

1. Accountability

The reason why traders give up on their trading journal is that there’s no one monitoring them.

So, by having a trading journal in a public domain, you’re making a commitment and have someone to be accountable to.

This increase the odds of you doing it since it makes you look bad if you go back on your word.

2. You can learn from other traders

Once you start journaling your trades, it will attract like-minded traders to your thread. From there, you can exchange ideas and feedback to improve your trading together.

3. It’s stored in the cloud so you don’t risk losing your information

Have you ever had your computer crash on you? There goes all your precious information that goes along with it.

But by having your trading journal hosted on a cloud, that risk is greatly minimized and you can be certain it will be there for years to come.

How to set up your trading journal in Forex Factory

Here’s how:

- Select the “Forum” tab at the top of the page
- Then select the “Trading Journals” link in the middle of the page
- Then select “Start New Thread”

Once you’ve done it, you’ll see something like this…



Now you’re probably wondering:

“But Rayner, what do I post in my thread?”

Here’s what I suggest…

- Introduce yourself and declare a commitment of 6 months
- Explain your trading methodology and write down your trading plan
- Post the charts of all the trades you’ve entered
- Post the charts of all the trades you’ve exited
- Post your thoughts and reflection for the trading week
- After 25 trades, find patterns that lead to your winners and losers
- Rinse and repeat

Now the key here is CONSISTENCY.

There’s no point doing it for a few days and then stop doing it because it defeats the purpose.

To see results, you must commit yourself to do it for 6 months. If you follow what I said, your trading results will improve.

Summary

I hope you’ve realized that Forex Factory is more than just a forum to learn new trading strategies.

You should take advantage of their useful trading tools like:

- Forex Factory calendar to stay ahead of the news
- The sentiment indicator to help you find high probability trading setups
- The charting tool to monitor the Forex markets in real time
- The broker comparison tool to find the best broker for your needs
- Forex Factory trading journal to improve your trading results

Now I’ve got a question for you…

How do you use Forex Factory for your trading?
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