Anyone who has developed mesothelioma after being exposed to asbestos may benefit from contacting an experienced mesothelioma attorney. It is important to reach out to one immediately after a positive mesothelioma diagnosis has been made. Every state has a statute of limitations that state when and if a mesothelioma lawsuit may be filed. If a patient waits too long, he or she will lose any possibility of recovering damages from a manufacturer or employer.
Contacting a Mesothelioma Attorney
Although any lawyer can start the process of filing a mesothelioma lawsuit, only a qualified mesothelioma attorney will be best prepared to carry out the lawsuit successfully. Most of these lawyers will offer a free consultation in person or over the phone. During the consultation, the attorney will ask for some basic information to determine if a patient is eligible to file a lawsuit. This information includes employment history, interaction with asbestos products while working, and diagnosis.
These elements will not only be useful in deciding eligibility but will help the attorney decide the court in which the lawsuit will be filed as well as the extent of damages caused by the disease and who can be held liable for the contraction of mesothelioma.
Filing a Mesothelioma Lawsuit
After the preparation stage of a mesothelioma lawsuit, the attorney will file a formal complaint in court. The specifics of the complaint will vary depending on the state, the details of the case, and the damages the claimant is seeking.
Copies of the complaint will be given to the parties the attorney feels are liable for the patient's diagnosis. These parties are given a chance to respond by admitting or denying their liability. Most defendants will deny the charge and move the case forward to a stage called discovery.
During discovery, the attorney and the defendants' attorneys will gather as much information as possible regarding the complaint. This stage can be intense, and the attorneys on both sides will go through several requests to produce documented information and depositions.
Mesothelioma Lawsuit Outcome
If the evidence is strong enough, the lawsuit will end in settlement before the case goes to trial. However, the case will move to trial if the defendants believe they can win or if the patient's attorney believes he or she can get a more substantial compensation in a trial. If a judgment is made in the patient's favor, the defendants may appeal the decision. This may delay the payment of compensation.
Have you been diagnosed with mesothelioma and are looking to file a lawsuit for compensation? If so, please fill out the form on this page. We will send you all the information you need to make an educated decision about your case.