Since more than 600,000 victims have filed a suit for asbestos exposure in the past decade, asbestos litigation has become some of the most expensive and intricate types of cases in the history of United States court cases. The majority of these lawsuits 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 lawsuit is filed on behalf of the victim by loved ones in the event that the victim suffered fatal injuries.
We advise anyone suffering from an asbestos disease, such as mesothelioma, to fill out our contact form to find out how much money youre owed. Over $30 billion is currently available in trust funds for victims and family.
Filing a Lawsuit
If you or a loved one is a victim of an asbestos-related illness and youve decided to file a lawsuit, keep in mind, as previously stated, its crucial that you follow certain procedures in cases such as these. Legal representation from an experienced attorney who has dealt with previous mesothelioma lawsuits is highly recommended. Asbestos laws and lawsuits have an array of complications that the average person typically cannot handle alone. An experienced asbestos attorney understands this process and will help you significantly.
To begin the lawsuit process, you and your asbestos attorney will start by gathering pertinent information that will help you to prove your case. For example, typical information consists of your past employment history, medical history and reports, medical expenses that youve incurred since the beginning of your illness, documentation of asbestos in the workplace, documentation of physical disabilities and activities you can no longer do, and much more. Your asbestos attorney will be able to give you specific details as to what information needs to be gathered for your specific case.
Before attorneys file a complaint, they go through a pre-litigation stage in which theyll 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 to negotiate.
If a settlement isnt reached during the pre-litigation stage, your attorney will file the complaint, also called 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. 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. The defendants will 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 to your lawsuit. Once a response is received, your attorney will spend time preparing the arguments and evidence in the lawsuit. 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.
If the defendant does not respond, the court may enter a judgement against them, which results in a default lawsuit in your favor. At this point, your attorney will be able to provide you with information regarding the damages youre entitled to.
The Discovery Phase
During the discovery phase, the defendants attorney will typically try to rebuff your case and look for evidence that their client did not cause your illness. Its your attorneys 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 longest part of the lawsuit process. Both sides are afforded the opportunity to investigate the other sides information and position regarding the case. In addition, during this phase, the likelihood of the case going to a trial vs. a settlement will become more apparent. For example, the defendants attorney may see that the evidence against their client is overwhelming whether through medical documents that supports the case, past work history of the plaintiff, history of asbestos use from the defendants company, and more. At this point, the defense may decide to negotiate a settlement instead of rebuffing the evidence. If this happens, the discovery phase will be shortened significantly.
Once the discovery phase is over, your attorney may also offer to settle out of court with the defendant. If the evidence is strongly in your favor, the defendants attorney will have no problems attempting to negotiate a settlement. If, however, the defendant refuses the settlement amount, going to trial is the next step.
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 defendants 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. Youll then learn if you have lost or won your case. If you win your case, youll 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 vary by state. However, the defendant does have the legal right to appeal the courts decision, which will ultimately end up prolonging the 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 and/or defendants attorney, then a trial will be waived once a settlement is agreed upon. Its difficult to predict the exact settlement amount as each case differs with a wide array of different variables. Yet, most settlements amounts factor in lost wages, medical expenses, mental and emotional suffering, physical discomfort, and the amount of money spent on the lawsuit.
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.
In addition, 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. This specifically applies to extremely large settlement amounts, but your attorney will be able to discuss and negotiate how and when youll be paid.
Although a settlement will not help you to completely rid yourself of mesothelioma, the painful symptoms of mesothelioma, and other hardships because of this disease, the compensation is a way for companies, employers, and others at fault to pay back for the dangerous situations they exposed you to. In other words, it wont 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.
Additional Information to Consider
- There is a chance that you may need to file your mesothelioma lawsuit in a different state. However, this doesnt mean youll need to travel. In instances when you have an out-of-state lawsuit, your attorney should make all of the preparations and handle the case. Your attorney will travel to you when needed.
- Although the process of mesothelioma lawsuit can take several months or even years, the case may be expedited for those in extremely poor health. Its common for the defense to try and drag the case out as much as possible, even when the plaintiffs health is deteriorating, but an experienced attorney will work to get the case solved as soon as possible.
- Victims of mesothelioma and other asbestos-related diseases typically arent legally allowed to file a class action lawsuit. The reasoning behind this is because each persons medical history is different. Each mesothelioma must be filed individually.
Time Limitations
Its important to file your mesothelioma lawsuit as soon as possible. These cases are time-sensitive and each state has its own statute of limitations. Its important to look up your states statute of limitations or if your case is filed out-the-state, the statute of limitations for the state where your case is filed. State laws typically give plaintiffs one to five years to file the lawsuit, starting from the time the asbestos-related illness was diagnosed or from the time the illness was discovered.
If the victim of the asbestos-related illness has already passed away, the spouse, dependents, and/or heirs usually have one to three years from the date of the death to file a wrongful death lawsuit. Again, the time limit to file will depend upon what state the lawsuit is being filed in.
How to Pay an Attorney for a Mesothelioma Lawsuit Representation
Mesothelioma attorneys usually have different fees according to each law firm. However, an experienced and prominent mesothelioma lawyer should always have the financial resources to handle your case. In turn, these attorneys are able to work on a contingency fee, meaning that you wont have to pay anything up front. Once you win your lawsuit, whether through trial or settlement, your attorney will then be paid a percentage of the compensation you won. Keep in mind that if an attorney doesnt work on a contingency fee basis, its a good idea to find legal representation elsewhere. You need an attorney who has the up-front resources in place in order to prove your case.
The most common contingency fees range from 25% to 40% of the overall amount won by a plaintiff. Some mesothelioma trust funds place a cap of 25% on contingency fees. Make sure you fully understand your attorneys contingency fees and how the fee process will work beforehand so that you dont run into any confusion once you win your lawsuit.
Mesothelioma Lawsuit Legal Assistance
If youve been diagnosed with mesothelioma or another asbestos-related disease, its important to understand your choices, legal rights, and medical options. You may be entitled to compensation for mesothelioma treatments, lost wages, physical pain, emotional suffering, and much more. Our leading mesothelioma lawyers are here to help you get the justice and the compensation that you and your loved ones are entitled to. For more information and for a free, no-obligation case consultation, feel free to fill out our contact form and an experienced mesothelioma attorney will be happy to help you.
In addition, for up-to-date and detailed information regarding mesothelioma treatment options and mesothelioma laws and regulations, we invite you to fill out our form for your free Mesothelioma and Asbestos Guide. Its filled with pertinent and current details on an array of medical options and mesothelioma litigation information.
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