A mesothelioma lawsuit can seem daunting, especially as patients undergo their treatment journey. A mesothelioma lawyer can provide assistance throughout the legal process, providing a thorough understanding of how to successfully file and win an asbestos lawsuit.
There are two primary types of mesothelioma claims that can be filed, including personal injury and wrongful death. Both types of claims have important deadlines and statutes of limitations, as well as a detailed legal process that needs to be followed. An experienced mesothelioma lawyer can best advise patients and their families on the advantages and disadvantages of pursuing a mesothelioma lawsuit for financial compensation.
Mesothelioma Lawsuit Process
Every mesothelioma case is different, especially if the plaintiff accepts a settlement and the case is not taken to court. However, there is a general process that must be followed that can also provide insight for what patients and their families can expect.
Step 1: Free Consultation
Before filing a lawsuit, a mesothelioma law firm will provide you with a free consultation to talk about various parts of the process. This will give you an opportunity to ask any questions and express any concerns you might have.
The free consultation also gives your law firm the opportunity to understand more about how you or your loved one might have been exposed to asbestos. You’ll then discuss your medical history, including your diagnosis of an asbestos-related disease.
Step 2: Research Work & Medical History
Once the initial consult is completed and you choose to pursue a lawsuit, your mesothelioma lawyer will start collecting data to help build your case to make it as strong as possible. Research often includes:
Medical reports from facilities where you (or your loved one) were treated for mesothelioma
Employment history, military service records, union membership and other documents that support your employment history
Statements from witnesses such as coworkers, family members, friends and product-identification specialists
Step 3: Asbestos Trust Recovery
Once the necessary information has been collected, your asbestos attorneys will investigate the possibility of receiving compensation from an asbestos trust fund. These trust funds were created by companies who have previously admitted liability for asbestos-related damages, and if your case matches the trusts’ exposure criteria, you may be able to receive compensation quickly.
An experienced mesothelioma lawyer will be very familiar with asbestos trust requirements and will have a successful track record of submitting asbestos claims on behalf of qualified clients.
Step 4: Other Recovery Options
After evaluating the potential for compensation through asbestos trust funds, your mesothelioma attorney will also assess whether your case may merit an action against any companies who have not yet fully admitted their asbestos liability. Over the course of 1 – 2 months, your legal team will look at the various options available and provide guidance about the best course of action based on your individual case.
Step 5: Choosing the Complaint Venue
Before filing a complaint, it’s extremely important to choose the most appropriate venue, or where your case will be handled. Which venue is best for your lawsuit can be affected by a number of different factors, including:
Calendars and scheduling concerns
The process timeframe
Settlement and verdict history
Local and state laws
Mesothelioma lawsuits may be filed in any forum where a client has lived, worked or served in the military. There are also a number of “open forum” states that may allow filing, if no other suitable venue is readily available.
Step 6: Filing the Lawsuit
Once the venue is determined, your lawyer will file a formal complaint on your behalf. This will detail a number of legal causes of action against the asbestos company or companies likely responsible for the asbestos exposure that led to your mesothelioma diagnosis. The number of defendants named in the complaint will depend on various factors, including the amount and duration of asbestos exposure.
Step 7: Discovery Phase
Upon filing the lawsuit, the legal process will move to the discovery phase, both the defendant’s and the plaintiff’s lawyers will present information to support their side of the case. During this period, both sides will file various motions, usually with the intent of trying to reach some kind of financial settlement before the case goes to a full trial.
In most cases, the lawsuit will never reach the next stage of the legal process. Instead, most complaints will be settled before getting to trial. If the mesothelioma lawsuit does go to trial, which will only happen with your consent, your attorneys will be equipped with the experience, knowledge and competence to see it all the way through.
Types of Mesothelioma Lawsuits
Depending on who is filing the claim, mesothelioma patients or loved ones may file a personal injury or wrongful death lawsuit. The type of lawsuit differs based on who is filing, where the money is going and what expenses are being taken into consideration when determining the compensation amount. In addition to personal injury and wrongful death lawsuits, mesothelioma and asbestos cases may be handled as class action lawsuits or through multidistrict litigation.
Mesothelioma Personal Injury Lawsuit
Submitted by the patient after receiving a mesothelioma diagnosis.
Filed against the company or companies likely responsible for asbestos exposure.
Claims specific damages due to illness caused by asbestos exposure.
Allows the patient to recover money for treatment, travel, lost income, pain, suffering and related costs.
Mesothelioma Wrongful Death Lawsuit
Submitted by surviving family member after the death of a loved one from mesothelioma.
Filed against the company or companies responsible for the asbestos exposure leading to death.
Claims specific damages related to the death of the individual.
Allows the family to recover compensation related to outstanding medical bills, funeral expenses, lost income potential, loss of consortium and related costs.
Individual Lawsuits, Class Action Lawsuits and Multidistrict Litigation
Your mesothelioma lawsuit may be handled individually or combined with other similar cases through a class action lawsuit or multidistrict litigation.
Individual Lawsuits
A single plaintiff files a lawsuit against one or more companies regarding injuries caused by asbestos exposure.
Each side files motions and presents their evidence and information to the judge.
Resolution occurs when a settlement is offered and accepted or when the trial jury reaches a verdict.
Class Action Lawsuits
An individual or group of people file a lawsuit on behalf of a group of people that have similar injuries caused by the same incident. This can represent a few hundred people to millions of people.
Each individual can decide whether to remain a part of the class action or to opt out.
Most asbestos lawsuits are handled as individual cases or part of a multidistrict litigation.
Multidistrict Litigation (MDL)
Multiple people file individual claims using a process that regularizes similar complaints.
The procedure is designed to be quick, allowing the courts to handle a large amount of cases without lumping plaintiffs into a single class.
Ultimately, an experienced mesothelioma lawyer will be able to provide you with information regarding all possibilities and advise what is best for you.
Source : https://www.mesothelioma.com/lawyer/lawsuit/