Understanding Mesothelioma Lawsuit Procedures

If you have been diagnosed with mesothelioma, you should understand that #1) legal

precedent and case law, as well as public record, favors the plaintiff in such cases, and #2) mesothelioma lawsuits are usually long, drawn-out and stressful procedures that may take years to complete. There is no question of liability; for over 30 years, it has been public record that companies (as well as the federal government) have known of the dangers of asbestos, yet deliberately hid the information for financial gain. However, understanding the procedure for a mesothelioma lawsuit is key to a successful outcome.

Clear medical records are the first step in this procedure. The defense attorney will make every attempt to show that your sickness is not the fault of the defendant. They will put your medical and insurance records under close scrutiny to see if you had any possible lifestyle issues or conditions that might have led to your asbestos cancer.

This is why it is crucial to get a diagnosis from a qualified, experienced cancer specialist. All of the medical records should establish beyond a doubt that you #1) had no prior knowledge of your condition, and #2) that the diagnosis has been confirmed by specialists as being mesothelioma.

Once the documentation of your diagnosis is established, it is important to find qualified legal counsel as soon as possible because all states have a statute of limitations (a time limit) on filing a mesothelioma lawsuit. This statute ranges from 1 to 3 three years from the date of your diagnosis. In addition, mesothelioma is an aggressive disease. Some victims manage to live with it for as long as ten years, but sadly, most succumb within a year.

Once you have found a mesothelioma attorney knowledgeable about mesothelioma and asbestos issues, s/he will ask you for information with which to file the formal complaint. Once the complaint is prepared, a copy will be hand-delivered to each named defendant by a process server. Usually, the defendant's legal department will file a motion with the court to dismiss the case in response to the complaint. They may claim that the complaint was not filed properly, that the statute of limitations is over, or that the grounds for the action are either unclear or unvalid. An asbestos lawyer is trained to write the complaint so as to leave as little discrepancies as possible.

The discovery phase is the period during which both sides gather information. Evidence is then examined, analyzed and organized; subpoenas are issued to witnesses; experts in chemistry, medicine, and industrial sciences are hired to offer testimony; sworn statements known as depositions are taken and filed. An any time during the process a settlement may be offered in order to bring the case to a close. An experienced mesothelioma attorney is crucial in advising the plaintiff whether an offer is reasonable or not.

by: Loni Love

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