If you have developed mesothelioma as a result of asbestos exposure
in the workplace, you may be entitled to financial compensation for your
medical expenses, pain, and suffering.
There are several aspects to a
mesothelioma/asbestos lawsuit that you may want to know a little bit
about before contacting a mesothelioma lawyer in your area.
While everyone's case is different, there are a number of steps that will happen for nearly everyone that files an asbestos-related lawsuit with a mesothelioma attorney.
First Steps
Preparation is the first step in the asbestos lawsuit process and will involve the gathering of pertinent material to determine the direction of the case. Some preparation will occur before the decision to file is made, so it's best to be equipped for the initial meeting with as much information as possible.
Once a suit is deemed valid and a mesothelioma attorney is hired, you, the client, will be asked to sign paperwork that will represent a binding agreement between your and the law firm.
The first official step in the mesothelioma lawsuit is the filing of a legal document in the proper jurisdiction, which is informing the defendant of the suit against him. The document will outline all of your intentions, including any requests for monetary compensation from the defendant, and once filed, the defendant will have a certain amount of time to respond.
He or she will respond one of two ways: either deny responsibility or make a motion to dismiss the complaint. Many mesothelioma lawyers warn that defendants often try to use the latter response as a stall tactic, especially when the plaintiff is terminally ill and near death.
Discovery is the next step and is the time between the filing of the suit and the trial or settlement. Discovery involves filing motions, taking depositions, and gathering detailed information, such as medical records and other important documents. During this time, the defendant may submit questions to be answered by the plaintiff and vice versa.
Remember, however, that as a plaintiff, you will never be on your own. Your attorney will handle practically every step of the mesothelioma lawsuit.
Going to Trial
Next, the case may go to trial. While the desired outcome is usually to settle out of court, a few cases may go all the way to trial. A typical trial includes:
- Jury selection
- Opening statements by both sides (plaintiff and defendant)
- Plaintiff evidence is presented and witnesses testify
- Defendant evidence is presented and witnesses testify
- Rebuttals
- Closing statements by both sides
- Judge's instructions to jury before deliberation
- Deliberation by jury
- Reading of the verdict
The last step in the process, though not applicable to all cases, is the appeals process. If the jury finds in favor of the plaintiff, the defendant may choose to file an appeal. This will stall any monetary award, however, the defendant must post bond for any financial awards deemed appropriate by the jury.
If the defendant does not appeal, the plaintiff often starts receiving payments within a few months of the completion of the trial.
