How to Filing a Mesothelioma Lawsuit

A legal process from start to finish can be daunting, especially when the defendant takes action. If you are looking into filing a asbestos lawsuit after a mesothelioma diagnosis, understand the process and know what to expect. Note that each case is going to be handled differently, and ultimately it’s going to be up to the chosen mesothelioma lawyer to advise the best path of litigation.

Consultation and Finding a Mesothelioma Lawyer
It’s important to seek a mesothelioma law firm that has ample experience in handling these types of cases. You will be able to schedule a free consultation with your chosen lawyer, asking questions, expressing concerns and gaining a great understanding of the legal process. This initial consultation will help you decide whether or not you’d like to move forward.

Research and Building Your Case

Your legal team will dive into your medical history, as well as all related information to your asbestos exposure and suffering, pulling together as much relevant evidence as possible to put together a promising case. Given the time constraints for filing asbestos-related lawsuits, with some states allowing just one year after diagnosis or wrongful death, it’s important to start this process immediately as it may take time for your legal team to sync the appropriate resources.

Determining Options for Compensation

Often referred to as “recovery,” your lawyer will look into all possible options for compensation, including potential recovery from an asbestos trust fund or suing of a negligent employer. Options are going to vary on a case-by-case basis.

Complaint Venue Decision

After completing research and discussing options, you and your lawyers will then have to determine the path you’re going to pursue when filing your claim. Your lawyer will be responsible for guiding you in the direction that could end in the best possible outcome.

Filing the Lawsuit and Defendant Action

At this point, a lawsuit is filed and the defendant becomes aware of the complaint. All details are released and the defendant is able to start pulling together their own evidence and arguments in preparation for trial or for a settlement. In most asbestos lawsuits, a settlement is reached out of court.
Duration of a lawsuit from start to finish will vary greatly, depending on whether a settlement occurs before making its way to court, or due to any or all of the following:
  • ·         Number of filing plaintiffs
  • ·         How the case is being handled
  • ·         How many defendants are being targeted with the complaint
  • ·         Length of time it takes to complete and collect research and evidence
  • ·         Scheduling and availability
  • ·         Nature of the venue decision

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