It can seem extremely daunting to participate in a lawsuit, particularly if you have a family member suffering from mesothelioma or you’re battling the cancer yourself. However, with the proper legal representation, the process is not nearly as complex as you may think.
Evaluating Your Case
If you choose our law firm to represent you in your mesothelioma lawsuit, we will first talk to you and your family. During this meeting, you can expect our representative to ask for as much work and medical history as you can supply. However, this doesn’t necessarily mean that you’ll need to spend hours and hours doing research. We will ask for permission to obtain certain records that can provide the information we need to review your case. The most important thing is that you tell us what you are going through in as much detail as possible.
Once we have thoroughly analyzed all of the facts regarding your case, we can chart the best possible course of legal action. This sometimes requires submitting claims to various asbestos bankruptcy trusts. In other instances, the best strategy is to initiate a lawsuit. Typically, however, a combination of these two approaches is used. If we opt to file a lawsuit, we will first perform a detailed review of all the issues surrounding your case. For example, we will go over with you which asbestos companies we plan to pursue and determine which state in which your case should be filed.
Together, we will work to make the decisions regarding the best way to approach your case.
The Discovery Period
Should our mesothelioma lawyers determine that the best course of action is to pursue litigation, the time after the filing of the lawsuit and before the trial is known as the “discovery period.” During this time, our mesothelioma attorneys and the asbestos companies involved in the case will exchange information requests and documents relevant to the case. The law in every state mandates that this step be performed.
Each side in the case will have the opportunity to conduct depositions during the discovery phase. This is basically a formal, recorded interview that is given under oath with a court reporter present. Since you are the party initiating the lawsuit, you will more than likely be required to provide a deposition. This is nothing to be afraid of or nervous about; rather, it is an opportunity for you to tell your story. You will not be alone; one of our mesothelioma lawyers will not only be with you through your deposition, he or she will also prepare you before the interview. There are several options regarding where the deposition takes place. In some instances it can be conducted in a person’s home, but it can be held in several other potential locations. Witnesses will also be asked to provide depositions, particularly expert witnesses, but you will not need to be present.
Prior to the start of your trial, there may be a chance that your case will be settled with some or all of the asbestos companies involved.
The asbestos companies you are taking action against in your lawsuit will be known as the “defendants.” Based on the information the defendants receive during the discovery period, they may choose to offer you a settlement rather than go to trial. However, your mesothelioma attorneys will be ready to take your case to trial if the defendants do not offer a reasonable settlement offer.
There is a chance that the defendants in your lawsuit will choose to increase the settlement offer as the time for the trial draws nearer. If this is the case, your mesothelioma lawyer will help you to determine whether or not it is in your best interests to accept this offer. There are many mesothelioma lawsuits that reach a settlement before a trial begins. However, your case may indeed go in front of a jury. That jury will decide which party is responsible for you or your family member’s cancer, and how much compensation you should receive under the law, if any.
Once a verdict is reached in a court trial, the losing party has the legal right to an appeal. In this instance, the party will ask a higher court to determine whether the result of the trial was just – according to the laws of the state in which the trial was held. At Baron and Budd, our mesothelioma attorneys will also provide representation during an appeal. It is very important to note that our Baron and Budd mesothelioma lawyers fiercely protect their verdicts, and have a significant history of success with mesothelioma cases and other asbestos suits. Learn more about our appellate work here.