With thousands of people suing mesothelioma in recent decades, asbestos-related litigation has become one of the most expensive and complicated types of lawsuits in the history of state lawsuits. -United. Most asbestos lawsuits are brought by people diagnosed with mesothelioma and other diseases caused by asbestos exposure in the workplace.
More than $ 30 billion is currently available in trust funds for victims of asbestos-related diseases. We invite you to fill out our form today to receive a free financial compensation file containing information on the best mesothelioma lawyers in your area, how to get paid in 90 days, the procedure to follow to claim an asbestos trust fund, and much more.
5 best tips and tricks DOTA 2 2018
What are the steps for filing a lawsuit for mesothelioma?
Once you have found a Mesothelioma lawyer or law firm that has gained a proven track record with clients, the road ahead will be long, as you will work together through several steps in the process of obtaining Justice.
Collecting important information
While your lawyer does most of the work to get your case settled or settled, your legal team will need your help to gather all the information you need to defend your case:
Medical history and records
Any medical expenses you have incurred since the beginning of your illness
Any additional costs related to the illness, such as travel expenses
Documentation of asbestos at the workplace
Documentation about physical disabilities and activities you can not do anymore
Before filing a complaint, lawyers go through a pre-litigation phase during which they will try to negotiate and settle the accused before submitting your case to the court. If no settlement is reached at the pre-litigation stage, your lawyer will then file a complaint containing all the basic information about your claim, your illness, your exposure to asbestos and the defendants involved.
The defendant (s) will then receive a notice informing you that you have taken legal action against them. They will also receive a copy of the complaint and will have a certain amount of time to file a response, usually 30 days. If they do not respond, the court may make a judgment against them, which will result in a default decision in your favor.
The discovery phase
When defendants respond to the trial, the next step is called discovery. Lawyers on both sides will investigate and find more information, either to prove your case or to defend you. Each party also has access to each other's information and can interrogate, make depositions and investigate your medical records. The discovery phase can take several months and is often the longest part of the process.
It is during the discovery phase that it is often determined whether a case will be judged or will result in a settlement. The latter usually occurs when the accused realizes that the evidence against them is likely to result in a loss in court.
If your lawsuit can be settled between your lawyer and the defendant, a lawsuit will be canceled once the settlement amount has been agreed. It is difficult to predict the exact amount of settlement because each case differs and has its own range of different variables.
Most settlement amounts take into account:
The duration of your life with the disease.
The severity of the disease.
Mental and emotional suffering
Costs of the case, including filing fees.
Studies suggest that between 80% and 90% of bodily injury cases will be resolved. If you win a settlement, expect to receive your payments on a monthly basis, as opposed to a lump sum, since most of the compensation amounts for mesothelioma cases are substantial.
If neither party can agree on a settlement or an amount, your case will go to trial. Depending on the laws in your state, you may or may not need to appear. Your lawyer will be able to provide you with information regarding the laws in your state. Once the trial begins, both parties will have the opportunity to present evidence, interview witnesses and present information to the jury.
The length of the trial depends on the witnesses, the medical documents and the complexity of your case. However, the test phase is usually shorter than the discovery phase.
Once the jury has rendered its verdict, the trial phase is over. You will then know if you have lost or won your case. If you win your case, the defendant will tell you the exact amount of damages you owe.
You can usually expect to start receiving payments in a few months if you win your case, although disbursement times vary depending on the state. However, it is important to keep in mind that the defendant has the legal right to appeal the court's decision, which will eventually extend your payments. Again, your lawyer will be able to explain the appeal process and its application to your particular case.
Common misconceptions about mesothelioma lawsuits
Many victims are reluctant to sue, saying it will take too long to get compensation. It may be a long time to win a lawsuit, but most lawsuits related to mesothelioma result in settlements that provide for compensation in about 90 days. There are also trust funds that can lead to a quick compensation process if you qualify.
Another misconception is that there can be no justice in a business that has ceased operations or no longer exists. Even if the responsible party has sold the company, the new company should normally take over the current or future shares. If the party goes bankrupt, there is a good chance that it has created an asbestos trust fund to compensate the people who lodge a complaint against them.