Lawsuits can seem intimidating, especially when you or your family member is battling mesothelioma. Fortunately, the legal process is much easier to navigate than most believe.
How a Mesothelioma Lawsuit Works:
The Evaluation
The first step in a mesothelioma lawsuit is to sit down with the client and his or her family. At this meeting, we gather as much historical and work history information as possible. While we need your cooperation to gather accurate information, all of the work is not on your shoulders. With your permission, we will retrieve various records that can help provide the valuable information about your work and medical history. Most importantly, we want to hear your story as you tell it.
After carefully evaluating all of the facts surrounding your specific situation, we can then determine the best way to pursue legal action on your behalf. Sometimes, the recommended course of action involves the submission of claims to certain asbestos bankruptcy trusts. Other times, the best course of action is to file a lawsuit and proceed with litigation. Most cases are handled with a combination of these two options. If we decide to pursue litigation, we will carefully review all the issues surrounding our decisions with you regarding the state where your case should be filed and the asbestos companies we will pursue on your behalf.
The decisions regarding the best way to approach your case is one that we will make together.
The Discovery Period
If our mesothelioma lawyers determine that it is in your best interest to handle your case through litigation, the discovery period will follow the filing of a lawsuit. This is the period before the trial when our mesothelioma attorneys exchange documents and information requests with the asbestos companies involved in the case. This process is required by law in all states as part of preparing a case for trial.
During the discovery process, each side will be able to hold depositions. A deposition is a formal interview, given under oath, in the presence of a court reporter. The answers are recorded and may be videotaped as well. As you are the one bringing the lawsuit, you will generally be asked to give your deposition. This is the time to tell your story. One of our mesothelioma lawyers will prepare you for your deposition and accompany you during the entire process. Depositions can take place in your home or at other locations in your local area. There will also be depositions of other witnesses in your case, including expert witnesses. You will not need to attend these depositions, so you can focus on your health while our attorneys do the heavy lifting.
The Trial
Before your trial, your case has the possibility of being resolved through settlement with all of the asbestos companies.
In an asbestos lawsuit, the asbestos companies sued are called “defendants.” Some defendants may offer a settlement based on information provided in the discovery process. If the defendants do not offer a reasonable settlement, your mesothelioma attorneys are prepared to take your case to trial.
As the trial date approaches, the defendants may increase their settlement offers. You will be informed of settlement offers and your mesothelioma lawyer will assist you in evaluating the offers so we can help determine what is best for you. While many mesothelioma lawsuits settle just before trial, it may be necessary to have a jury decide who is responsible for your cancer and how much compensation, if any, you should receive under the law.
The Appeal
Under the law, the losing party in a case tried to verdict in court has the right to appeal the judgment. This means that the losing party has the right to ask a higher court to review the trial and determine whether the final result was just under the laws of the state. Your Baron and Budd mesothelioma attorneys will represent you through the appeals process. Baron and Budd mesothelioma lawyers have a strong history of protecting their verdicts on appeal. You can read more about our appellate work here.
