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  • Writer's pictureRobert Schuerger

What Is the Success Fee in Mesothelioma Claims? | Legal Costs

Pursuing mesothelioma claims is not only challenging, but the legal costs are often very high, especially when they involve a success fee. The Schuerger Shunnarah Trial Attorneys understand the complexities associated with asbestos-related lawsuits and are here to guide injured victims on what they need to know regarding the legal aspects of their illness.


Those who are suffering from mesothelioma due to the negligence of asbestos companies in Dallas, Texas, can reach out to Schuerger Shunnarah Trial Attorneys to discuss their case and learn more about their legal options.


What Is a Success Fee?

What Is a Success Fee?


In the real world, if someone wants to purchase a product or hire services, they must pay for the transaction. However, in the legal space, personal injury lawyers provide representation on a contingency fee basis.


The contingency fee is a pre-determined arrangement where the injured party agrees to give a certain percentage of the winnings to the personal injury attorney if they successfully fight the claim and negotiate a fair settlement.


While this type of arrangement in the United States is common, the United Kingdom also has a similar funding option for all those who are seeking the services of a personal injury attorney. It's commonly referred to as a "success fee."


What Is a Success Fee in Mesothelioma Claims?


In the United Kingdom, those who are looking to hire the services of Dallas asbestos attorneys to pursue asbestos litigation may have to pay a success fee.


A success fee is an added bonus that the mesothelioma attorney becomes eligible for under a conditional fee agreement (CFA) if they successfully fight their client's case. 


Typically, a CFA might pay the lawyer their standard wage plus a percentage uplift on their hourly rates, which is called a success fee.


A CFA is a legal document that outlines the attorney's terms of service and what the lawyer and the client consider "success." Upon reaching that milestone, it would trigger the success fees.


In mesothelioma cases where it is challenging to determine success, the attorney may not recommend signing a CFA. However, if it is clearly defined, mesothelioma lawyers can offer their services for "free" until they achieve the pre-agreed milestone.


Is a Conditional Fee Agreement the Best Funding Option for Asbestos Victims?


A CFA could be a legal funding arrangement for either side in a mesothelioma case. The manufacturer, employer, or a negligent party could be defending a claim related to asbestos exposure, and an attorney may charge a success fee for successfully protecting their client.


On the other hand, the claimant who is suffering from asbestos exposure could secure the services of a mesothelioma lawyer to fight the claim. In such a situation, their attorney could charge a success fee for successfully fighting the case.


In either case, if the mesothelioma lawyers succeed in fighting a claim or defending against it, they may receive their standard hourly rate plus an uplift on their hourly rates.


The "uplift" or "success fee" is often a pre-agreed-upon percentage determined by the complexity of the mesothelioma lawsuits and the risks involved.


Success Fee in Mesothelioma Lawsuits: A Case Study of Moutarde v SIG Logistics


In the case of Moutarde v SIG Logistics, a law firm in Birmingham was handling a mesothelioma claim involving a living asbestos victim. The parties agreed on £135,000 in damages.


However, the parties involved had a dispute concerning the wording of the order. It was regarding the payment of the cost of non-NHS-funded medical treatment, like immunotherapy. The claimant argued that the settlement should also cover the treatment outside the United Kingdom.


As the parties could not mutually agree on the wording of the order, the case headed for a hearing. The claimant sought the costs of the action, including the hearing costs. 


However, the defendant argued that the claimant should bear the hearing costs, as they were the ones who disagreed on the order's wording.


Mr. Justice Stewart resolved the asbestos claim by dismissing the defendant's application for costs and ordered them to pay the claimant's costs of the action, including the costs of the hearing.


When it came to costs, the claimant's Bill of Costs included a 100% success fee on the costs incurred. The CFA stated that the attorney would receive part of the asbestos compensation for successfully handling the claimant's case at trial.


In a bid to reduce the damages, the defendant disputed the CFA. They contended that the case concluded way before the trial even began, meaning they were only liable to pay a 27.5% success fee rather than the full 100% mentioned in the signed document.


Since there was a dispute between the two parties, the case went to Master Rowley on November 17, 2020. He ruled in favor of the defendant, which meant that the claimant's success fee would only be 27.5%. 


Rowley stated that the disagreement over the costs order was not a sufficiently contested issue, meaning that the case had already concluded prior to the trial.


Unhappy with the decision, the claimant decided to seek permission to appeal the decision, which Master Rowley denied. However, later on, they filed an oral application, stating that Master Rowley made a serious legal error in their judgment.


Mr. Justice Calver decided to hear the oral application but refused the claimant's permission to appeal. They agreed with Master Rowley's judgment, stating that the parties concluded the dispute over the costs order at the hearing and not the trial.


He also stated that the parties agreed upon the costs, and the only dispute was the hearing costs, which was not enough to classify the case as concluded at trial.


Furthermore, Mr. Justice Calver mentioned that if the decision were in favor of the claimant, it would open doors for others to leave discrete points unresolved when fighting a claim in a bid to secure a greater success fee.


The Moutarde v SIG Logistics case provides guidelines on when a case is settled before a hearing and the issues that need to remain in dispute for it to be considered settled at the trial.


Is There a Success Fee Option in the United States for Asbestos-related Illness Claims?


Pursuing mesothelioma compensation can be challenging, and the claims process can take time. All of this results in high legal costs, which can be difficult for the claimant to pay.


Fortunately, in the United States, those suffering from asbestos-related disease can secure the services of an experienced attorney on a "no win, no fee" basis.


Depending on the circumstances of the case, there are two options that an asbestos-exposure victim may have, and these are as follows:


  • Mesothelioma lawsuit

  • Mesothelioma settlement


What Is the Difference Between a Mesothelioma Lawsuit and a Settlement?


The "KCIC's Asbestos Litigation: 2022 Year in Review" provides alarming statistics about mesothelioma claims in the United States. According to the report, more than half of the asbestos-related lawsuits (around 1,900 suits) in the country were mesothelioma filings.


When a person receives a mesothelioma diagnosis, they may be able to pursue a lawsuit against the negligent party to recover compensation. The case heads to trial, where the jury gets to decide the verdict.


If the jury stands with the plaintiff and finds the asbestos company liable, they will decide on the mesothelioma financial compensation the defendant must pay to the victim. 


Before heading to trial, the attorney will discuss the available legal options and the risks involved with their client so that they can make an informed decision.


The juries have full discretion in deciding the verdict amount. They may take into consideration medical expenses and lost wages. In some cases, the asbestos companies may have to pay punitive damages to the claimants.


On the other hand, a mesothelioma settlement is a mutually decided agreement between the asbestos company and the injured victim (claimant). Both parties decide on a fair financial compensation and settle the case outside of court, which ends the litigation before it can head to trial.


Most mesothelioma lawsuits settle outside of court, as taking the case to trial can be expensive and time-consuming. It's crucial for asbestos victims to discuss their legal options with an experienced personal injury attorney that can also answer questions like How do you prove mesothelioma?


Who Is Eligible for Mesothelioma Compensation in Dallas, Texas?

Who Is Eligible for Mesothelioma Compensation in Dallas, Texas?


Mesothelioma patients in Dallas, Texas, may have the right to file a lawsuit against the asbestos companies to recover compensatory damages for their negligence.


Typically, the injured victim must file a claim within the time frame mentioned in the statute of limitations, gather enough evidence of asbestos exposure, and have medical documentation proving the asbestos-related illness to be eligible for mesothelioma compensation.


In some cases, the mesothelioma patient may have died from their illness. If that happens, the surviving family members may be eligible to file wrongful death lawsuits to obtain compensation for their loss.


It's essential for asbestos patients or surviving family members to reach out to an experienced mesothelioma lawyer. They can help determine whether the affected party is eligible for compensation. The attorney can also gather evidence, build a strong claim, and fight for the victim's rights.


Schuerger Shunnarah Trial Attorneys have decades of combined experience fighting large corporations to get the injured victims the compensation they deserve. They have recovered over $1 billion in compensatory damages for their clients and are ready to go to war for mesothelioma patients in Dallas, Texas. They can also help with advising on what is considered nursing home abuse in Texas.


Schuerger Shunnarah Trial Attorneys Know How to Fight Mesothelioma Claims in Texas!


Those who are suffering from asbestos-related illnesses or have just received a mesothelioma diagnosis in Dallas, Texas, should call to schedule a free consultation with an experienced asbestos attorney. They will assess their case and fight for their rights on a no-win, no-fee basis!

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