Mesothelioma Lawsuit Process
It is quite hard to say what might happen during the process of a mesothelioma lawsuit as every case is, or course, different. However, there are some common features in most lawsuits.
First of all, you will need to choose a law firm. It is advisable that you choose a law firm with experience of mesothelioma cases.
They will first want to gather as much information as possible from you. This will include information such as your work history, including where the asbestos exposure occurred, and also your medical history.
The law firm with then decide whether or not they think your have a potential case for claiming compensation.
If the law firm decides to take on your mesothelioma case, you will then have to sign a retainer which is basically a contract between the law firm and you as a client. This will agree upon details of the relationship and fees etc.
The law firm will then file a complaint against those responsible for your asbestos exposure. These may include employers, manufacturers, asbestos mining companies etc. It is probable that the law firm will file complaints against more than one party. The defendants then have a set period of time to respond to the complaints.
The next stage of the process is known as “discovery”. This is where your lawyers gather information about your case and ask relevant questions. This includes information about both yourself (the plaintiff) and those responsible for the asbestos exposure (the defendant).
There will also be deposition. This is there the plaintiff, under oath, answers questions from both their attorney’s and the defendants’ attorneys.
The case will then be set a trial date. If the plaintiff is in poor health, your lawyers may be able to ask the courts to expedite the process.
Settlement negotiations may now begin. Here your lawyers will put forward demands for a settlement and enter into negotiations with the defendants. Many defendants do choose to settle and it is unusual for a case to go all the way to the end of a trial.
If a case does go to trial this will usually last approximately a month. If the case does go to a verdict in the trial, the losing side will often appeal, prolonging the process further.
Once a settlement or final verdict is reached the plaintiff will have to sign forms to release the defendants from any further liability.
If the plaintiff dies before the case has come to a conclusion, the case will have to be changed to a wrongful death case.