A diagnosis of mesothelioma can be hard to accept for any individual, no matter how much a person may have mentally prepared for the possibility of having the disease. Indeed, many who develop mesothelioma know they were exposed to asbestos during their career and the possibility of developing this type of cancer often lingers in the back of their mind.
Once a diagnosis is made, there is certainly much to think about. First and foremost, patients and their families will want to find out exactly what they should do to combat the disease. This will likely involve several meetings with a variety of doctors. However, there's one more individual that a mesothelioma victim should consider meeting - a reputable and knowledgeable attorney who is well-versed in the specifics of asbestos and mesothelioma cases.
After the meeting occurs, and if it is decided that a mesothelioma lawsuit is feasible, the victim and their family will most likely want to know what's ahead for them as far as legal proceedings are concerned. While everyone's case will be different, there are a number of steps that will happen for nearly everyone that files an asbestos-related lawsuit with a mesothelioma attorney. For the most part, the process follows these steps:
Preparation
This step is exactly what the name implies; the process of getting ready for the lawsuit to proceed. Preparation will involve the gathering of pertinent material to determine which direction the case will go. (Some of this 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 viable and an attorney is hired, the client will be asked to sign a variety of paperwork that will represent a binding agreement between the client and the law firm.
Filing
The first official step in the lawsuit is the filing of a legal document in the proper jurisdiction, informing the defendant(s) of the suit against them. The document will outline all of your intentions, including any requests for monetary compensation from the defendant. Once the suit is filed, the defendant will have a certain amount of time to respond. They may respond in one of two ways: they will either deny responsibility or make a motion to dismiss the complaint. Many mesothelioma attorneys 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
This is the time between the filing of the suit and the trial or settlement. Discovery involves the filing of motions, the taking of depositions, and the gathering of more 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 mesothelioma attorney will handle practically every step of the mesothelioma lawsuit.
Trial
Some mesothelioma lawsuits will not go to trial but will be settled with the defendant(s) outside of court. For many, that is the desired outcome. However, some cases do go all the way to trial, and in the case of multiple defendants, some defendants may settle out of court while others will prefer a trial. Below is a list of some of the parts of a typical trial:
- Jury selection (parties to the suit will not be present for this)
- Opening statements by attorneys for plaintiff and defendant
- Plaintiff evidence is presented and witnesses testify
- Defendant evidence is presented and witnesses testify
- Rebuttals
- Closing statements by both parties
- Judge's instructions to jury before deliberation
- Deliberation by jury
- Reading of the verdict
Appeals
If the jury finds in favor of the plaintiff, the defendant(s) may choose to file an appeal. This will stall any monetary award that is made by the jury; 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.
Resource: Asbestos.com
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(Mesothelioma Attorneys)
