What to Expect During the Mesothelioma Lawsuit Process?
Mesothelioma is an extremely dangerous form of cancer that occurs in individuals who have been exposed to asbestos. You may be able to bring a case to recover damages for medical bills, lost income, and pain & suffering if you have been diagnosed with mesothelioma and think your exposure to asbestos was caused by the carelessness of a firm or individual. It is helpful to have an idea of what to expect from the mesothelioma lawsuit process before you start filing your claim. Important aspects of filing a lawsuit for mesothelioma will be covered here.
Identify a Qualified Mesothelioma Attorney
Finding a qualified mesothelioma lawyer is the first order of business when preparing a case for this type of cancer. Because of the complexity and specific expertise required, choosing a lawyer with experience in mesothelioma cases is crucial. A skilled attorney who specializes in mesothelioma cases can explain your legal choices, assist you to prepare your case and represent you in court.
Start a Lawsuit
The next stage, after locating a lawyer who specializes in mesothelioma cases, is to initiate legal action. Your attorney will draft a complaint explaining the nature of your case, the parties involved, the charges made against the defendants, and the monetary compensation you are seeking. The court in which the defendant is situated or the court having jurisdiction over the site where asbestos exposure occurred shall receive the complaint.
Initial Research Stage
The discovery phase of a lawsuit follows its filing. At this stage, both sides are compiling evidence to back up their respective positions. Your attorney will ask the defendants for proof, such as employment files, medical records, and corporate records that demonstrate the defendants knew or should have known about the hazards of asbestos.
Depositions
Testimony from witnesses and other parties is taken under oath in depositions. Both sides are entitled to attend and question the witness during the deposition, which is often held at the attorney’s office. Your attorney will brief you before the deposition and be by to defend your interests should any questions arise.
Confinement Talks
The process of settling a mesothelioma case can begin at any time. Your lawyer will go over the details of any settlement offer made by the defendant and give you advice on whether or not to accept it. The goal of your attorney will be to secure the most favourable settlement terms on your behalf.
Trial
If the parties are unable to reach an agreement, the matter will go to trial. The court where the complaint was initially filed will preside over the trial. At trial, all sides will have the opportunity to submit their arguments to the jury, who will then provide a verdict.
Judgment and Reconsideration
Damages will be granted if the jury rules in your favour. The defendant has the right to appeal the decision, which might mean the matter is heard by a higher court. You will be compensated for your losses if the judgement stands up on appeal.
In conclusion, the legal proceedings surrounding a mesothelioma claim can be lengthy and convoluted. Having a skilled mesothelioma attorney at your side will ensure that your legal rights are protected at every turn. To properly pursue financial compensation after a diagnosis of mesothelioma, it helps to know what to expect from a lawsuit.