The Legal Process

While its impossible to say exactly how a mesothelioma lawsuit will proceed; there are the basics of a typical lawsuit that one can expect in every suit.

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. Its here that detailed medical records are requested and the defendant may try to find another reason for your disease. Keep in mind, with todays knowledge, asbestos is the only known cause of mesothelioma. Its 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:

1. Jury selection
2. Preliminary Jury Instruction
3. Plaintiff Opening Statement
4. Defense Opening Statement
5. Plaintiff Evidence & Witnesses
6. Plaintiff Rests Case
7. Defense Evidence & Witnesses
8. Defense Rests Case
9. Plaintiff evidence/Witnesses to rebut defense
10. Jury Instructions
11. Plaintiff Closing Statement
12. Defense Closing Statement
13. Plaintiffs Rebuttal Closing
14. Jury Deliberation
15. Verdict

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 arent 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. If you or a loved one is suffering from mesothelioma or other asbestos-related cancers, more information regarding legal procedures is available by request to assist you in your legal decision-making.