Michael Schafle, Esq.Do mesothelioma lawyers in Greensburg work on a contingency fee?
Yes. Mesothelioma lawyers in Greensburg almost always work on contingency, so a Westmoreland County family pays nothing upfront and the fee, usually 33-40%, comes only from a recovery. Michael Schafle, Esq. serves families from Academy Hill to Southwest Greensburg this way.
| Item | What it means for a Greensburg family |
|---|---|
| Attorney fee | A percentage of the recovery, commonly 33%-40%; charged only if the case wins |
| Upfront cost to client | $0 - no hourly billing, no retainer required to start |
| Case costs (filing, expert reports, depositions) | Usually advanced by the firm, then reimbursed from the settlement |
| If the case does not win | Client owes no attorney fee; the no-fee-unless-we-win rule applies |
| Who gets paid first | Costs and liens are deducted from the gross recovery before the client's net share |
| Written fee agreement | Pennsylvania requires contingency terms in a signed written contract before work begins |
Contingency fee structure for a mesothelioma case in Greensburg, PA
What is a contingency fee for a mesothelioma lawyer in Greensburg?
A contingency fee is a payment arrangement where a mesothelioma lawyer collects a percentage of the money recovered instead of charging by the hour. The common range is 33% to 40% of the settlement or trial verdict. The client pays no money to begin the case and owes no attorney fee if the case recovers nothing. Pennsylvania's Rules of Professional Conduct, specifically <a href="https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/204/chapter81/s81.4.html">Rule 1.5</a> on fees, require the percentage and terms to be set out in a written agreement the client signs before work starts.
Contingency percentages typically run 33% to 40% of the recovery
Most asbestos and mesothelioma firms set the contingency percentage between 33% and 40%. A one-third (33%) rate often applies to cases that settle before trial, while 40% is common when a case proceeds to a filed lawsuit or jury trial because the work and risk increase. The percentage is applied to the gross recovery, and asbestos trust fund claims, which fund many settlements under federal bankruptcy trusts created through the U.S. Bankruptcy Court, follow the same contingency model. The exact percentage is confirmed in writing before any work begins.
Case costs are advanced by the firm, not billed to the family upfront
Mesothelioma cases carry real costs: court filing fees, deposition transcripts, medical record retrieval, and expert pathology and industrial-hygiene reports can total several thousand dollars. Under a contingency arrangement these costs are generally advanced by the firm. They are reimbursed from the recovery at the end, separate from the attorney's percentage. If the case does not recover money, a family facing mounting medical bills is not handed a bill for these costs. The written agreement states whether costs come out before or after the fee is calculated.
What comes out of a mesothelioma settlement before the client's net share
From the gross recovery, several items are deducted in order: the attorney's contingency percentage, the advanced case costs, and any medical liens. A lien is a repayment claim by <a href="https://www.medicare.gov/">Medicare</a>, Medicaid, or a private health plan for asbestos-related treatment it already paid for; federal law under the <a href="https://www.cms.gov/medicare/coordination-benefits-recovery">Medicare Secondary Payer program</a> requires these be resolved. For a Navy veteran, VA disability benefits are separate and are not repaid from a civil asbestos settlement. What remains after fee, costs, and liens is the client's net share.
The written fee agreement protects the Greensburg client
A contingency fee agreement in Pennsylvania must be in writing, signed by the client, and must state the percentage, how costs are handled, and the client's share. The <a href="https://www.pabar.org/">Pennsylvania Bar Association</a> and the lawyer's duties under the state Rules of Professional Conduct require this clarity. A family should read the percentage, ask whether costs are deducted before or after the fee, and confirm there is no charge if the case loses. These questions can be answered over the phone or at a kitchen table before anything is signed.
How a Greensburg asbestos case moves from first call to recovery
The sequence is straightforward. First, the family describes the diagnosis and the worker's job history on a call. Second, the attorney identifies where asbestos exposure likely occurred, often decades earlier at a steel mill, power plant, or Navy ship. Third, a written contingency agreement is signed, with $0 due upfront. Fourth, the firm files claims against responsible companies and relevant asbestos trust funds. Fifth, the case settles or goes to verdict, and the fee plus advanced costs are paid from the recovery. The American Cancer Society notes mesothelioma most often traces to <a href="https://www.cancer.org/cancer/types/malignant-mesothelioma/causes-risks-prevention/risk-factors.html">occupational asbestos exposure</a>, which is why job history drives the case.
Greensburg specifics
Westmoreland County carries one of Pennsylvania's heavier asbestos exposure histories because of the old steel, glass, coke, and power-generation work across the region. Many Greensburg clients were exposed decades ago at plants along the Youghiogheny and Monongahela corridors, at coal-fired power stations, or aboard Navy vessels, where the U.S. Department of Veterans Affairs recognizes asbestos as a service-connected hazard documented at <a href="https://www.publichealth.va.gov/exposures/asbestos/">VA asbestos exposure</a>. Contingency representation matters here because retired tradesmen and their spouses in neighborhoods like Academy Hill, College Hill, Ludwick, and Southwest Greensburg should not pay out of pocket while facing treatment costs. Pennsylvania mesothelioma claims are generally subject to a two-year statute of limitations from diagnosis under <a href="https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42">Title 42 of the Pennsylvania statutes</a>, so timing matters. For families who cannot travel, in-person kitchen-table meetings in the East Pittsburgh Street and West Newton Street areas are arranged so a spouse never has to leave a loved one's side. Scientific background on asbestos fiber risk is summarized by the <a href="https://www.cancer.gov/about-cancer/causes-prevention/risk/substances/asbestos">National Cancer Institute</a> and occupational limits are set under <a href="https://www.osha.gov/asbestos">OSHA asbestos standards</a>.
Related questions
How much does a mesothelioma lawyer cost in Greensburg?
A mesothelioma lawyer in Greensburg charges a contingency fee of roughly 33% to 40% of the recovery and nothing upfront, so the out-of-pocket cost to start is $0.
What is the statute of limitations for a mesothelioma claim in Pennsylvania?
Pennsylvania generally allows two years from the date of mesothelioma diagnosis to file a civil claim, which is why acting soon after diagnosis is important.
Can a Navy veteran in Westmoreland County file a mesothelioma claim?
Yes. A Navy veteran exposed to asbestos aboard ship can pursue civil claims and trust fund claims while keeping separate VA disability benefits, which are not repaid from a settlement.
What is an asbestos trust fund claim?
Asbestos trust funds are court-supervised funds set up by bankrupt manufacturers to pay victims; claims against them follow the same contingency fee structure as lawsuits.
Do I have to go to court for a mesothelioma case in Greensburg?
Most mesothelioma cases resolve through settlements and trust fund claims without a trial, and meetings can be held at home for families who cannot travel.