Frequently Asked Questions about Benzene-Related Legal Claims

By law, you have a limited amount of time to file a lawsuit for a benzene-related disease. If you do not file your case within that time frame, you may be barred by the “statute of limitations” (or “prescriptive period” in Louisiana) from ever pursuing your claim. In some states, you only have one year to file suit after you learn or should have known that you suffer a disease caused by benzene or another toxic solvent or chemical. In a majority of states, the limitations period is two years, and some states allow three or more years to pursue a claim.

Determining the statute of limitations in your case will depend on a number of factors, including the facts of your individual case and where your case is ultimately filed.

When receiving a diagnosis of a serious illness, you and your family are suddenly confronted with many important decisions to make. Of course, you must work with your medical professionals to make important decisions about your treatment. Additionally, if you want to seek compensation, it is advisable to do so as soon as possible, for a number of reasons. First, you are the best source of information about your history of benzene and toxic solvent and chemical exposure, and it may be important to take your testimony early in your case in the event you are unable to testify at a later date. Also, the sooner you pursue your case, the sooner you might receive compensation to help you with your medical bills and other needs.

Most states allow a lawsuit for the wrongful death of a spouse or family member, even if he or she did not file a lawsuit while alive. There is a limit on the amount of time you have for filing such a suit, so if you are interested in pursuing a case you should secure an attorney as soon as possible.

Some states do not provide for the same types of compensation to the family of the deceased as would have been available to the victim while alive, so it is advisable for a person with a diagnosis of leukemia, lymphoma, or another blood disease related to benzene to pursue his or her claim as soon as possible after the diagnosis.

Baron & Budd handles cases on a “contingency fee” basis, meaning that you do not need to pay out-of-pocket for legal fees and expenses. This helps people who otherwise do not have the financial means to hire a lawyer to secure legal representation. Under a “contingency fee” arrangement, Baron & Budd receives a legal fee as a percentage of your total recovery only if we are successful in achieving compensation for you. If we do not achieve compensation for you, we do not get paid for our services. We also will advance the expenses of litigating your case, such as court filing fees, expert witness fees, and the like. If we are successful in achieving a recovery for you, these expenses are deducted from your portion of the recovery.

Because every case is unique, it is difficult for any attorney to determine how much compensation a person might expect from a lawsuit before your case has been fully investigated and litigated. In fact, it is unethical for an attorney to “guarantee” a certain amount of recovery in your case in the beginning. Beware of attorneys who promise you a certain amount of compensation during your first conversation. An attorney’s ability to obtain compensation for you will depend on many factors, such as the nature of your disease, proof of exposure to benzene or a related toxic solvent or chemical, the financial condition of the companies responsible for your exposure, the laws of the state or jurisdiction governing your claims, and other facts particular to your case. If we handle your case, our attorneys will analyze all of the facts of your case and make strategic decisions in an effort to achieve optimal results.

Many leukemia and lymphoma patients are understandably apprehensive about the litigation process. At Baron & Budd, our attorneys and staff try to make the process as easy as possible for you. For example, we will travel to your home, rather than have you come to our office, to meet with you. Much of the paperwork in your case can be handled by mail.

At the beginning of your case, you will speak with Baron & Budd attorneys and staff to discuss the facts of your case, such as your history of exposure to benzene and other toxic solvents and chemicals. You will also be asked to sign authorizations for gathering medical and other records important to your case. You may be asked to give a deposition, whereby the attorneys for the defendants have the opportunity to ask you questions. Your own attorney might also take your deposition to preserve your testimony, in the event you are later unable to testify at trial. Such depositions typically take place at or near your home, and at your convenience. It is also common for your attorney to make a video of what a typical day in your life is like while you battle cancer.

Each case is unique, and the amount of time it takes to resolve your case depends on a number of factors. In some jurisdictions, courts might provide for an “expedited trial setting,” meaning that the judge will give your case priority to help it resolve quickly. Such expedited trial settings are usually not available if the person is deceased, or passes away before the trial date. If an expedited trial setting is not available in your case, a lawsuit may take two or more years to resolve. Such factors as how backed up the court’s docket is and the complexity of the discovery proceedings will determine the length of time to resolve your particular case.

In most states, if you pass away before your case is resolved, your loved ones can continue to litigate it in your place. The person who you name in your will typically serves as the personal representative of your estate, and the beneficiaries of your will receive any compensation from your case. Depending on state law, certain family members may also have the right to seek compensation for their own personal loss.

Choosing an attorney to represent you is a very personal decision. You should feel good about the people at the law firm that you deal with and be satisfied with any answers to your questions before you hire an attorney. You should also feel good about the level of experience of the law firm you hire.

As one of the oldest and largest law firms in the country that handles cases involving injuries caused by toxic substances such as benzene, Baron & Budd has over 27 years of experience representing toxic tort victims. We are a recognized trial firm, and have won record-setting verdicts on behalf of toxic exposure victims in several jurisdictions.

Baron & Budd is a nationally-recognized law firm. The National Law Journal in 2003, 2004, 2005 and 2006 named Baron & Budd to its "Hot List” of exemplary plaintiffs’ firms in the U.S. Only twenty firms in the country were named to this distinguished list in 2004. Also in 2004, Baron & Budd was named by American Lawyer as one of the 16 most successful plaintiffs’ firms in the U.S. Additionally, Baron & Budd enjoys the highest rating by Martindale Hubbell, and dozens of our attorneys have won awards and recognitions for their work.

When deciding on a law firm to represent you, we invite you to consider Baron & Budd. We believe that you will be impressed by our experience, track record, reputation in the legal community, and by the caring, friendly attention you will receive from our attorneys and staff. To learn more about Baron & Budd’s attorneys and accomplishments, please visit our law firm Web site at www.baronandbudd.com.

It is rare for a cancer client to ever step foot in a Baron & Budd office. That’s because we come to you, for everything from the initial consultation to investigative interviews to your deposition. For this reason, we are able to help many clients from several states across the country.