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It’s impossible to say exactly how a mesothelioma lawsuit will proceed; here are the basics of a typical lawsuit.
Preparation: It is best to compile as much information and paperwork that you have prior to meeting the lawyer for the first time. Your lawyer will ask you to sign an attorney-client contract. This contact is a binding agreement between you and the law firm. There will be other forms to sign at this time as well as requests for more information.
Filing: Once the lawyer has reviewed your information and has decided that a lawsuit is viable; your attorney will file a legal document in the courts. This document will inform the defendant (the company being sued) that you are intending to seek monetary compensation. The defendant can respond with either a denial of responsibility or a motion to dismiss the claim. The second one is a common tactic to stall for more time, especially in cases where the plaintiff (person filing) is near death.
Discovery: This legal term applies to the period of time when any motions to dismiss are denied and the defendants reply to the claim. There will be written questions that will be submitted by the defendant and as the plaintiff you will need to answer them under oath. It’s here that detailed medical records are requested and the defendant may try to find another reason for your disease. Keep in mind, with today’s knowledge, asbestos is the only known cause of mesothelioma. It’s possible that the defendant may try to invoke a statue-of-limitations law.
Trials: The trial can be very stressful. A good lawyer can help you get through this difficult time. The steps to the trial are:
Appeals: The defense may appeal the verdict but must post ‘bond’ for any monetary amounts awarded.
Outcomes and Expectations:
As mesothelioma is such an aggressive cancer, the courts often give preference to living defendants that they may receive funds to assist in getting the proper medical treatments. The required medical treatments can be very costly with a long recovery period. Some of these defendants can begin to receive compensation as early as four months. In many cases, however the cases aren’t complete until 6 – 12 months. These timeframes are assessed from the beginning of the legal process up until a verdict is reached and the case is closed.