Mesothelioma Lawsuits
Mesothelioma is an aggressive form of cancer that affects
predominantly the lining of the lungs (pleural mesothelioma) or abdomen
(peritoneal mesothelioma). Most cases of the disease are caused by excessive
exposure to a carcinogenic mineral fiber called asbestos–exposure that in most
cases was preventable.
Anyone who developed an asbestos-related disease because of
exposure – particularly because of occupational exposure – has legitimate
grounds to consider a mesothelioma lawsuit against the manufacturers of
asbestos products related to the exposure.
The dangers of asbestos to human health were known for
decades by manufacturers and others in the asbestos industry, yet those dangers
were not publicized. That failure led to a massive U.S. asbestos tort, one that
permits people who develop mesothelioma to file lawsuits in the hope of being
compensated for getting a cancer that never should have happened.
Starting in the 1960s, companies that manufactured asbestos
products and those that permitted their installation were hit with thousands of
mesothelioma lawsuits from employees, consumers and families. Time and again,
juries found that asbestos companies acted “with malice” by covering up the
dangers of asbestos.
Not surprisingly, people diagnosed with mesothelioma often
begin litigation against these negligent companies to compensate them and their
families for mounting medical bills, pain, suffering and loss of quality of
life.
Should You File a Mesothelioma Lawsuit?
Many people diagnosed with an asbestos-related disease –
mesothelioma, asbestos-related lung cancer or asbestosis, to name three – have
legal options to help pay for medical treatment and to compensate for pain and
suffering. Because there is often a time limit to initiate any legal action, it
is important to speak with a mesothelioma lawyer who can help you pursue any
possible claims as soon as possible. An experienced lawyer can help hold
asbestos manufacturers accountable for their negligence and walk you through
the complex legal process
Mesothelioma Lawsuit Process
If you decide to file a lawsuit, your attorney will assist
you through the process. While everyone's case is different, there are a number
of steps that apply to nearly everyone who files an asbestos-related lawsuit.
Your attorney will handle each of these steps and explain the process as it
goes along. For the most part, mesothelioma lawsuits follow these steps:
Step 1: Preparation
Your attorney will gather information about your asbestos
exposure and illness to determine who is responsible for your condition and in
which court to file your lawsuit. You may be eligible to file your lawsuit in
more than one court.
An asbestos and mesothelioma attorney will be able to use
the information gathered earlier in the preparation stage to help you choose
the most favorable court for your lawsuit.
Step 2: Filing
Your lawyer must file a written complaint with a court to
start the legal process. Your attorney will prepare and file this document. For
your case to move forward, your complaint must follow different court rules on
how the document is written and the details it provides about your claim. An
experienced attorney will be familiar with these rules, the issues that often
arise in asbestos lawsuits and use this knowledge to help present your claims
to the court.
Step 3: Responses
Each defendant in your lawsuit will also receive a copy of
your complaint and have the chance to respond. Because many years likely have
passed since you were exposed to asbestos, the responsible company could now be
a different company or could be bankrupt. It may take some time to locate and
provide the appropriate people with your complaint. Your attorney will oversee
this process.
Once served with a copy of your complaint, each defendant
will have a certain amount of time to respond, usually 30 days. Understand that
defendants rarely admit fault. They most likely will deny your claims and
defend themselves. They may argue that your complaint is not valid or that
someone or something else is responsible for your asbestos exposure. They may
even claim that your condition is not related to asbestos exposure. Don't
worry. This is normal. Your attorney will reply to each defendant's responses.
Step 4: Discovery
During discovery, lawyers on both sides gather information
about your allegations. Both sides will ask the other side to answer written
questions, produce documents and participate in depositions. Some of the
information gathered will become the evidence used at trial. Discovery may take
several months, but if you are very ill, your attorney can ask the court to
speed the process along before your condition worsens.
The defendant's lawyers will look for evidence that
something or someone else caused your illness. As a result, they will demand
very personal information about you like your medical history, work history and
information about your personal habits. They will also seek information from
your loved ones, doctors, co-workers and former co-workers.
You probably will need to participate in a videotaped
deposition. If so, you will answer questions under oath from the defendant's
lawyer. This process may take a few hours or several days, but can be performed
from the comfort of your own home.
Your attorney will prepare your responses to any written
questions and document requests. Your lawyer will also go over likely
deposition questions with you in advance and be present to assist you during
the deposition. In addition to helping you respond to discovery requests, your
lawyer will also make similar demands to the defendant for information
supporting your claim that the defendant negligently exposed you to asbestos.
Step 5: Settlement
Before a trial starts, a defendant may offer to resolve the
case by offering you money. If you decline the settlement offer, it's possible
the defendant will make another offer during trial. Your attorney will
negotiate on your behalf. Visit our verdicts and settlements page for more
information about factors that can influence your decision whether to go to
trial.
Step 6: Trial
The trial process varies depending on where you file a claim.
In many cases, it is not necessary for you to appear in court. If you win and
the defendant does not appeal, you will usually start receiving payments a few
months after the trial.
Step 7: Appeal
If you win the trial, the defendant may decide to file an appeal.
There is a limited amount of time to file an appeal, usually between 30 and 180
days. This will delay any monetary award, but the defendant will need to post
"bond" for the amount awarded while the appeal proceeds. If the
defendant loses its appeal, you will start receiving payments. If the appeal is
successful, the defendant may end up paying a smaller amount or nothing at all.
An appeals court generally accepts any facts the trial judge
and jury found to be true. Usually the only thing an appeals court decides is
whether the trial court correctly applied the law to the case. If a mistake was
made that affected the result of the trial, the appeals court may order a new
trial. Sometimes the appeals court can just correct the mistake without a new trial,
such as when the amount of the award was calculated incorrectly. If your case
is appealed, your attorney will be available to explain the process to you.
