Not knowing what they should expect, many mesothelioma patients avoid filing a lawsuit. Even though it may seem intimidating, the process of such a case is much easier.
Moreover, experienced mesothelioma lawyers will always be there to provide you with information and help to make the process of this case seem simpler. Naturally, they will be doing most of the work, but this doesn’t mean that you won’t be informed as to what exactly is happening throughout the case.
Therefore, today we thought of giving you some of the details you need in order to stop avoiding filing a lawsuit, even though you know you should. Namely, we will be talking about what you can expect to happen in a mesothelioma case process.
Legal Procedure Steps
As soon as you hire an attorney to deal with your case, they will handle most of the things involved by a claim so that you, the patient, can focus on your treatment and health.
Little to no contact with the patient will be required, leaving you free to deal with your own issues, while the attorney will make sure that all the steps of the legal proceedings are dealt with and that you are up to date with any changes.
Most mesothelioma claims follow these steps:
- Preparation – the attorney will help you determine the source of the asbestos exposure, after which they will start preparing your case for filing.
- Filing – the claim will be filled in the state or states that are seen as the most advantagous to the case.
- Discovery – your attorney will then evaluate all the evidence that is available, such as exposure time, work history, and so on.
- Negotiations – before going to court, the attorneys will meet to negotiate a possible settlement amount. After all, it is preferred that a court trial is avoided.
- Trial and Judgement – if your case does end up in court, the judge or jury will then declare its verdict. However, it is worth mentioning that less than 1% of the mesothelioma cases make it to court, as most of them come to a settlement.
The Claims Process
After finding a lawyer that’s experienced in asbestos cases, they will guide you through the questions relevant to your medical, personal, and occupational history. This is done in order to build a solid case of asbestos exposure.
Starting with the claims process, you can also record medical expenses, as well as physical disability and discomfort that may have affected you that were caused by the disease. Your lawyer will help you determine the most relevant aspects of your disease and its history.
The Discovery Phase
During the discovery phase, you may be required to give a testimony in the form of a deposition. Your lawyer will also handle gathering medical experts and key witnesses who can be helpful for your case.
With solid evidence, gathered by both you and your lawyer, you can be certain that your case is will be accurately and fairly ruled on.
Moreover, if your case goes to court, it is your lawyer who will appear on your behalf so that you, once again, can focus on your treatment and health.
The Bottom Line
The mesothelioma case process unfolds similar to many other cases. One of the main differences is that you will be given time to take care of yourself, while the lawyer will do most of the work.
Therefore, before considering filing a claim, it is important to find the right mesothelioma lawyer!