With thousands of people filing a mesothelioma lawsuit over the past few decades, asbestos litigation has become one of the most expensive and intricate types of lawsuits in the history of United States court cases. The majority of asbestos claims are made up of plaintiffs who have been diagnosed and are suffering from malignant mesothelioma or other diseases after prolonged exposure to asbestos in the workplace. In other instances, a wrongful death lawsuit is filed on behalf of the victim by loved ones in the event that the asbestos illness causes death before the victim could seek compensation.
Over $30 billion is currently available in trust funds for victims of asbestos-related diseases. If you or a loved one have been diagnosed with mesothelioma, asbestos-related lung cancer, or asbestosis, you may qualify for substantial compensation. We invite you to fill out our form today for a free Financial Compensation Packet, filled with information about top mesothelioma lawyers in your area, how to get paid in 90 days, how to file an asbestos trust fund claim, and much more.
Filing a Lawsuit for Mesothelioma
If you or a loved one have been victim of an asbestos-related illness and you’ve decided to file a lawsuit, keep in mind that it is crucial that you follow certain procedures, as asbestos-related cases are intricate and complex. Missing even one step has the potential to hinder your case significantly, which it’s why it’s extremely important to find a lawyer who knows and understands the process of asbestos claims and lawsuit.
You should always find legal representation from an experienced attorney who has dealt specifically with asbestos-related cases, whether mesothelioma class action lawsuits or individual cases. Asbestos laws and lawsuits have an array of complications and details that many general practice lawyers may not be familiar with, let alone an average person who is already dealing with a life-threatening disease. Again, an experienced, knowledgeable asbestos lawyer understands the detailed process of a lawsuit and will help you significantly.
1) Gathering Important Documents
To begin the process, you and your asbestos attorney will start by gathering any and all pertinent information and documentation that will help you to prove your case. For example, typical information consists of your past employment history, your medical history and reports, the medical expenses that you’ve incurred since the beginning of your illness (including travel expenses to medical appointments, prescription costs, tests, therapy, home accommodations for medical reasons, etc.), documentation of asbestos in the workplace, documentation of physical disabilities and activities you can no longer do, and what disabilities you now live with after asbestos exposure. Your asbestos attorney will be able to give you additional details as to what information needs to be gathered for your specific case.
2) Pre-litigation Stage
Before attorneys file a complaint, they go through a pre-litigation stage in which they’ll try to negotiate and settle with the defendants before submitting your case to the court. In some cases, the defendants may choose to settle at this point, but in most instances they will refuse. This is completely normal, as most defendants don’t want to pay out money for their mistakes, and initially, they’ll deny your claim and deny that they were at fault for your illness. Experienced mesothelioma lawyers are well-aware that this will more than likely happen, and will know how to handle this part of the process.
If a settlement isn’t reached during the pre-litigation stage, your attorney will then file a complaint, also known as a written complaint. A complaint is a document submitted to the court that describes the basic information on your lawsuit, legal references that substantiate your claim, the names of other parties involved, and what your desired outcome is.
Keep in mind that other parties involved may be one person or company, or several people or companies. Once your complaint is submitted, it will get the process rolling in the court of law. The defendant or defendants involved will receive notification letting them know that you have filed a lawsuit against them. They’ll also receive a copy of the complaint and will then have a certain amount of time to file a response.
Usually, 30 days are allotted in order for the defendants to respond. Once a response is received, your attorney will spend time preparing the arguments and evidence on your behalf. This can include gathering key witnesses and medical experts, preparing proof of asbestos use at your previous workplace, and gathering any other pertinent information. This process is known as the “discovery” phase.
If the defendant(s) fails to respond, the court may enter a judgement against them, which results in a default decision in your favor. At this point, your attorney will be able to provide you with information regarding the damages you’re entitled to.
3) The Discovery Phase
Lawsuits almost always have a discovery phase. During the discovery phase, the defendant’s attorney will typically try to rebuff your case and look for evidence that their client did not cause your illness. It’s your attorney’s job to gather as much evidence as possible, as previously mentioned, in order to prove your case.
Because of the complexities involved during this part of the procedure, the discovery process may take several months or more to complete, making it the longest part of the process. Both sides are afforded the opportunity to investigate the other side’s information and position regarding the case. Both sides are also allowed to ask questions, review your medical and work history, and take part in depositions.
Keep in mind that the the discovery phase is generally the most uncomfortable part of your lawsuit. Your personal life, habits, and history will more than likely be investigated and combed through thoroughly, and your family, friends, and even co-workers may be interviewed. This is just part of the legal process, and although it’s not exactly comfortable having your personal life aired to strangers, it’s a necessary step in order to get to your ultimate goal of compensation and hold the negligent party responsible.
During the discovery phase, you’ll find out the likelihood of the case going to a trial vs. it ending in a settlement. For example, the defendant’s attorney may see that the evidence against their client is so overwhelming, whether through medical documents that supports the case, past work history of the plaintiff, history of asbestos use from the defendant’s company, and more, that they know the best option is to settle the case. At this point, the defense may decide to negotiate a settlement instead of rebuffing the substantial evidence. If this happens, the discovery phase will be shortened significantly.
Remember, if the evidence is strongly in your favor, the defendant’s attorney will probably have no problems attempting to negotiate a settlement. If, however, the defendant refuses the settlement amount, going to trial is the next step. In most instances, mesothelioma lawsuits end in settlements.
4) Trial or Settlement
If your case goes to trial, depending on the laws in your state, you may or may not have to appear. Your attorney will be able to provide you information pertaining to the laws in your state. Once the trial starts, both sides will be provided the opportunity to present evidence, examine witnesses, and provide information in order to convince the jury that their client is in the right.
The length of trial will depend upon witnesses, medical documents, and how complicated your case is. However, the trial phase is usually shorter when compared to the discovery phase.
After presenting evidence on both sides, the plaintiff and defendant’s attorneys will both have the opportunity to sway the jury via closing arguments. Closing arguments give both sides a final chance to reiterate why the verdict should go in their favor.
Once the jury has rendered a verdict, the trial phase is over. You’ll then learn if you have lost or won your case. If you win your case, you’ll be told the exact amount of damages owed by you from the defendant.
You can typically expect to start receiving payments within a few months if you win your case, although disbursements times will vary according to state. It’s important to keep in mind, however, that the defendant does have the legal right to appeal the court’s decision, which will ultimately end up prolonging your payments. Again, your attorney will be able to explain the appeals process and how it applies to your particular case.
If your lawsuit can be settled between your attorney and the defendant, then a trial will be waived once a settlement amount is agreed upon. It’s difficult to predict the exact settlement amount as each case differs and comes with its own wide array of different variables.
Yet, most settlements amounts generally factor in lost wages, medical expenses, the length of time you’ve lived with the illness, the severity of the illness, mental and emotional suffering, physical discomfort, and the amount of money, including filing fees.
Defendants can also choose to settle at almost anytime, even right up until the first day of the trial. In most cases, as previously discussed, mesothelioma and asbestos-related lawsuits are settled out of court. It’s not unheard of to go into court on the first day to learn that the defendants are ready to settle. In facts, studies suggest that between 80 to 90% of personal injury cases will settle.
“Most of the time, one of the parties has made some kind of miscalculation or mistake. The interesting thing about it is the errors the defendants
If the defendant(s) fails to respond, the court may enter a judgement against them, which results in a default decision in your favor. At this point, your attorney will be able to provide you with information regarding the damages you’re entitled to.
3) The Discovery Phase
Lawsuits almost always have a discovery phase. During the discovery phase, the defendant’s attorney will typically try to rebuff your case and look for evidence that their client did not cause your illness. It’s your attorney’s job to gather as much evidence as possible, as previously mentioned, in order to prove your case.
Because of the complexities involved during this part of the procedure, the discovery process may take several months or more to complete, making it the longest part of the process. Both sides are afforded the opportunity to investigate the other side’s information and position regarding the case. Both sides are also allowed to ask questions, review your medical and work history, and take part in depositions.
Keep in mind that the the discovery phase is generally the most uncomfortable part of your lawsuit. Your personal life, habits, and history will more than likely be investigated and combed through thoroughly, and your family, friends, and even co-workers may be interviewed. This is just part of the legal process, and although it’s not exactly comfortable having your personal life aired to strangers, it’s a necessary step in order to get to your ultimate goal of compensation and hold the negligent party responsible.
During the discovery phase, you’ll find out the likelihood of the case going to a trial vs. it ending in a settlement. For example, the defendant’s attorney may see that the evidence against their client is so overwhelming, whether through medical documents that supports the case, past work history of the plaintiff, history of asbestos use from the defendant’s company, and more, that they know the best option is to settle the case. At this point, the defense may decide to negotiate a settlement instead of rebuffing the substantial evidence. If this happens, the discovery phase will be shortened significantly.
Remember, if the evidence is strongly in your favor, the defendant’s attorney will probably have no problems attempting to negotiate a settlement. If, however, the defendant refuses the settlement amount, going to trial is the next step. In most instances, mesothelioma lawsuits end in settlements.
4) Trial or Settlement
If your case goes to trial, depending on the laws in your state, you may or may not have to appear. Your attorney will be able to provide you information pertaining to the laws in your state. Once the trial starts, both sides will be provided the opportunity to present evidence, examine witnesses, and provide information in order to convince the jury that their client is in the right.
The length of trial will depend upon witnesses, medical documents, and how complicated your case is. However, the trial phase is usually shorter when compared to the discovery phase.
After presenting evidence on both sides, the plaintiff and defendant’s attorneys will both have the opportunity to sway the jury via closing arguments. Closing arguments give both sides a final chance to reiterate why the verdict should go in their favor.
Once the jury has rendered a verdict, the trial phase is over. You’ll then learn if you have lost or won your case. If you win your case, you’ll be told the exact amount of damages owed by you from the defendant.
You can typically expect to start receiving payments within a few months if you win your case, although disbursements times will vary according to state. It’s important to keep in mind, however, that the defendant does have the legal right to appeal the court’s decision, which will ultimately end up prolonging your payments. Again, your attorney will be able to explain the appeals process and how it applies to your particular case.
If your lawsuit can be settled between your attorney and the defendant, then a trial will be waived once a settlement amount is agreed upon. It’s difficult to predict the exact settlement amount as each case differs and comes with its own wide array of different variables.
Yet, most settlements amounts generally factor in lost wages, medical expenses, the length of time you’ve lived with the illness, the severity of the illness, mental and emotional suffering, physical discomfort, and the amount of money, including filing fees.
Defendants can also choose to settle at almost anytime, even right up until the first day of the trial. In most cases, as previously discussed, mesothelioma and asbestos-related lawsuits are settled out of court. It’s not unheard of to go into court on the first day to learn that the defendants are ready to settle. In facts, studies suggest that between 80 to 90% of personal injury cases will settle.
“Most of the time, one of the parties has made some kind of miscalculation or mistake. The interesting thing about it is the errors the defendants make are much more costly,” said Cornell law professor, Jeffrey J. Rachlinski.
Regardless of whether your case goes to trial or is solved via a settlement, you can usually expect to receive your payments on a monthly basis as opposed to a lump sum, as most compensation amounts for mesothelioma cases are substantial. In rare instances, you may get offered a lump sum payment, but in most instances, large compensation amounts will come as recurring, monthly payments.
Although a settlement will not help you to completely rid yourself of mesothelioma, the painful symptoms of mesothelioma, and other hardships because of the disease, the compensation is a way for companies, employers, and others who are at fault to pay back for the dangerous situations they exposed you to. In other words, it will not cure your disease, but it will hold the people responsible that contributed to your illness and will help ease the financial burden on you that was brought about from your asbestos exposure.
Common Mesothelioma Lawsuit Myths
There’s a myth that compensation in tort lawsuits take quite a bit of time. Yet, most mesothelioma lawsuits end in settlements, which means that you may receive your money faster than you think. Additionally, with the addition of trust funds from numerous different companies, you may qualify for an expedited review so that you can get your compensation as soon as possible.
Another common myth is that if an employer or an asbestos manufacturer went out business, there is no party left to sue. Even if the responsible party sold the company, there are normally stipulations in which the new company must take over pending or future lawsuits. If the party went bankrupt, there is a good chance they may have set up an asbestos trust fund to compensate people who file against them.
Yet another common myth is that employers can’t be sued at all, since it’s generally manufacturers that supply asbestos products to companies, and not employers themselves. This is true, but at the same time, employers are expected to follow federal, local, and state government asbestos laws. Claiming ignorance to these laws is not an excuse, and if you think an employer violated your rights and broke laws, you most certainly have the right to sue.
In addition to filing a lawsuit against your employer, you may also be eligible for workers’ compensation or for veteran’s benefits (if you served in the military).
Read More: Mesothelioma Lawsuit
