Your Mesothelioma Lawsuit: From Start to Finish

If you or a loved one has developed mesothelioma, you may feel strong emotions about seeking justice. Still, the thought of bringing a mesothelioma lawsuit can be intimidating to people unfamiliar with the process. Here is some general information about what you might expect in a mesothelioma lawsuit.

Stages of a typical mesothelioma lawsuit:

• Evaluation of Your Claim;
• Discovery;

And possibly

• Trial; and
• Appeal.

Evaluation of Your Claim

If you contact Baron & Budd about filing a mesothelioma lawsuit on your behalf, you will first speak to our outreach coordinator, who will begin gathering important information about your situation, your illness and your work history. Our mesothelioma attorneys will review your medical records and discuss with you, family members or co-workers the asbestos-containing products you worked with or around. We may use our connections and resources to seek co-workers from your job sites.

We will carefully evaluate all of the available information to determine whether we can file a lawsuit on your behalf. If the answer is yes, our mesothelioma attorneys will then decide review mesothelioma law to determine where your case should be filed and identify the defendants that we believe are responsible for your injuries.

The lawsuit is initiated by filing what’s called a petition or, depending on the state, a complaint. This document identifies the defendants against whom you are seeking recovery and where they should be served with the petition, that is, where the petition can be delivered to them. It will include a description of the defendants’ wrongful actions and how you were injured by them. And it will identify the legal claims that are being made.

We may also, or sometimes in the alternative, be able to make claims against bankruptcy trusts if some or all of the defendants who caused your illness have been through bankruptcy proceedings.

Discovery

After your mesothelioma lawsuit is filed, but before it can go to trial, the defendants and our mesothelioma attorneys exchange documents and requests for information. In the “discovery” process, the two sides seek to uncover facts that help them prepare for trial and evaluate the possibility of a settlement.

During discovery, you will be asked to provide answers to a list of written questions, called “interrogatories,” asked by the defendants. You will be asked to swear, under oath, that your answers are true and correct by signing the interrogatory answers before a notary public. The defendants will also send “requests for production” through which they will seek documents related to your case, such as medical records, social security or service records or other work history documentation. An paralegal experienced in mesothelioma law from our office will help you through this process.

Also at the discovery stage, each side will be able to conduct “depositions.” A deposition is like a formal interview given under oath. The questions and answers are recorded by a court reporter and, in some cases, may be videotaped as well. At your deposition, the defendants’ lawyers will have a chance to ask you about your claims. They may ask about your family, your illness, including the diagnosis and your treatment, and your work history. Your Baron & Budd mesothelioma attorney will attend the deposition with you. The deposition may take several hours to complete, but your attorney will do everything possible to make the experience as comfortable as it can be.

Trial

As your trial date nears, activity in your case will increase further. If your case does not settle out of court, Baron & Budd trial attorneys will prepare your case to be presented to a jury. We will provide you and your family with notice of the trial date so you can be prepared as well.

With the approach of your trial date, the defendants are more likely to offer money to settle your claims. We will share settlement offers with you and will help you evaluate any offers to decide whether you should accept them. While cases do frequently settle just before or during trial, it may be necessary in some cases to have a jury determine whether a defendant is responsible for your injuries and how much compensation under mesothelioma law you might be owed.

Appeal

If your case does go to trial and the jury makes a decision, the judge will enter a judgment that reflects the final result of the trial. For example, if we win and the jury awards damages, the judgment will show what the defendant is required to pay. But, under mesothelioma law, the losing party has a right to appeal the judgment. This means the side that lost can ask a higher court to review the case and determine whether the final result was proper.