Filing a Mesothelioma Case: Step-By-Step
After some 30 years representing mesothelioma victims, we know that many times people have hesitation about making that call. You’ve probably never “played the system” or sought a “handout,” and you don’t like being represented as a “victim.” You want to make sure your family is cared for should the worst happen, but you have questions about the process. So here’s a general overview:
- The interview. We’ll meet with you (and your family, if you like) to discuss your medical history, work history and background. Because it takes so long for mesothelioma to surface, we’ll need to go back as far as possible — maybe 50 years or more — to help identify all the potential sources of the asbestos exposure that led to your illness.
- Filing the complaint. We’ll identify the best jurisdiction (location) and the potential defendants (usually the manufacturers of the asbestos itself and the products you used).
- Discovery. Information will be exchanged by both sides relating to work history, medical history, types of exposure and other areas related to your lawsuit. You will most likely have to give a recorded statement (deposition) discussing your work history, asbestos exposure and medical condition.
- Research. While all of this is going on, we’ll be preparing research, gathering evidence, and lining up any necessary experts and evaluations.
- Settlement or trial. Every effort is made to settle your case and save both sides time and money. Still, the more preparation we do — the more ready we are for a trial — the better our chances of a favorable settlement. If a settlement agreement isn’t reached, we’ll head to trial in front of a judge or a judge and jury.
- The big variables. Some of the most common questions are the period and settlement amount to expect. These factors can vary widely, so we can’t speculate on them until we hear the details and scope of your case.
The important thing is that we’re by your side through it all and will fight for you at every step of the process. If you want to know more, call us.