Michael Schafle, Esq.Michael Schafle, Esq.

Do mesothelioma lawyers in Upper Darby work on contingency?

Mesothelioma lawyers in Upper Darby, PA typically work on contingency, meaning the family pays no hourly fee and no upfront retainer. The attorney fee is a percentage of the recovery, usually 33% to 40%, collected only if the case succeeds through an asbestos trust fund claim or a lawsuit. Case costs such as medical record retrieval and expert review are advanced by the firm and reimbursed from the settlement. If there is no recovery, the family owes no attorney fee.

Yes. Mesothelioma lawyers in Upper Darby, including Michael Schafle, Esq., work on contingency: no upfront payment, and the 33-40% fee comes out only if the Drexel Hill or Stonehurst family recovers money from a trust fund or lawsuit.

ItemWhat the family pays
Upfront retainer$0
Hourly billing$0
Attorney fee33%-40% of recovery, only if you win
Case costs (records, experts, filing)Advanced by the firm, reimbursed from recovery
If there is no recoveryNo attorney fee owed
Typical trust-fund timeline90 days to 12 months
Typical lawsuit timeline12 to 24 months

Contingency fee structure for Upper Darby mesothelioma cases

What does contingency mean for an Upper Darby mesothelioma lawyer

A contingency fee means the attorney is paid only when the client recovers money. The family in Upper Darby signs no check at the start, gets no monthly invoice, and owes no hourly rate. The fee is a set percentage of the final recovery, commonly 33% to 40% depending on whether the case settles through an asbestos trust fund or proceeds to a lawsuit. This structure is governed by written fee agreement rules under the Pennsylvania Rules of Professional Conduct, which require the percentage and method of calculation to be stated in a signed document. The percentage is agreed before any work begins.

Contingency fees run 33 to 40 percent of the recovery

The attorney fee on an Upper Darby mesothelioma case usually falls between 33% and 40% of the money recovered. A trust-fund claim, which draws from the roughly $30 billion set aside in bankruptcy asbestos trusts tracked by the U.S. Government Accountability Office, often sits near the lower end. A case that goes to court or involves a solvent defendant can sit higher because the work and risk increase. The exact percentage is written into the fee agreement before the case opens, so the family sees the number in plain figures, not a surprise at the end.

Case costs are advanced by the firm, not billed to the family

Beyond the attorney fee, a mesothelioma case carries hard costs: ordering decades-old employment and medical records, paying court filing fees, and retaining medical and asbestos-exposure experts. On contingency, the firm fronts these costs. The family pays nothing out of pocket while the case is active. At the end, costs are reimbursed from the recovery and itemized separately from the percentage fee. If the case does not recover, those advanced costs are typically absorbed by the firm, so a Highland Park or Bywood family is not left with a bill for expert reviews that went nowhere.

Trust-fund claims and lawsuits follow different timelines

A contingency arrangement covers two paths. An asbestos trust fund claim is paid from bankruptcy trusts established by companies that used asbestos, and can resolve in 90 days to 12 months. A civil lawsuit against a still-operating company generally runs 12 to 24 months and may settle before trial. Pennsylvania sets a two-year window to file a mesothelioma personal-injury claim, as summarized in the state statute of limitations overview from the Pennsylvania General Assembly. If a worker from Stonehurst or Kellyville handled asbestos aboard a Navy ship or at a refinery decades ago, both a trust claim and a lawsuit may apply at once.

How the contingency process works step by step

First, the family calls and describes the diagnosis and the worker's job history over the phone, at no charge and with no obligation. Second, the attorney reviews whether the exposure traces to a known asbestos product, cross-referencing employer and product databases; the Agency for Toxic Substances and our team documents how asbestos was used in insulation, shipbuilding, and construction. Third, the family signs a written contingency agreement stating the percentage. Fourth, the firm advances costs, gathers records, and files trust claims or a lawsuit. Fifth, any recovery is distributed: the family receives the balance after the agreed percentage and itemized costs. Most matters are handled without the family ever setting foot in a courtroom.

Upper Darby specifics

Upper Darby sits in Delaware County, a corridor where asbestos exposure often traces to the Philadelphia Navy Yard, Boeing in Ridley Township, SEPTA rail and trolley maintenance along the 69th Street terminal, and the refineries and power plants that lined the Delaware River. Many retired tradesmen in Drexel Hill, Aronimink, Garrettford, and Beverly Hills worked as pipefitters, boilermakers, electricians, and insulators where asbestos was standard through the 1970s. A Delaware County mesothelioma case is filed in the Court of Common Pleas in Media or, where a defendant warrants it, in the Philadelphia Court of Common Pleas, which maintains a dedicated asbestos litigation docket. Contingency terms are the same across Primos, Secane, and the rest of the township: no fee unless the case recovers. OSHA still regulates asbestos exposure limits under standard 1926.1101, and the EPA's asbestos resources confirm the material remains present in older buildings and equipment across the region.

Related questions

How much does a mesothelioma lawyer cost in Upper Darby?

On contingency there is no upfront cost. The attorney fee is 33%-40% of the recovery, charged only if the case wins, and case costs are advanced by the firm and reimbursed from the settlement.

What is the statute of limitations for mesothelioma in Pennsylvania?

Pennsylvania generally allows two years to file a mesothelioma personal-injury claim, typically from the date of diagnosis, which is why families in Upper Darby are advised to review a case early.

What is an asbestos trust fund claim?

An asbestos trust fund claim draws payment from bankruptcy trusts set up by companies that used asbestos, often resolving in 90 days to 12 months without a lawsuit or courtroom appearance.

Do I have to go to court for a mesothelioma case in Delaware County?

Usually no. Most Delaware County mesothelioma matters resolve through trust claims or pre-trial settlements, so the family rarely appears in the Court of Common Pleas in Media.

What happens if we do not win the mesothelioma case?

On contingency, a family that does not recover owes no attorney fee, and the firm typically absorbs the advanced case costs such as records and expert reviews.

Call (610) 229-5135