If you have been exposed to asbestos and have developed mesothelioma, or have recently lost a loved one to an asbestos related cancer, we can help. Our years of experience with mesothelioma litigation will provide the support you need to get the compensation you deserve.
Successful mesothelioma lawsuits serve several purposes. Lawsuits can provide necessary funds for treatments that may not be covered by insurance. Family members of the victim can file a wrongful death lawsuit against the companies that knowingly exposed their loved one to asbestos.
The first step to a successful lawsuit is getting the best legal representation available. Attorneys who specialize in mesothelioma litigation understand the complexity of each individual case and can help you decide if a lawsuit is your best path forward. Additional options for financial compensation include filing a claim on a bankruptcy trust fund and VA claims.
Benefits of Filing a Lawsuit
- No out-of-pocket costs – Mesothelioma attorneys work on a contingency fee basis, meaning they only get paid if they recover money for you. If the case does not end for your benefit, you do not pay attorney’s fees.
- No travel needed – Mesothelioma lawyers want you to focus on your health and well being, so they will travel to you rather than you to them. The attorney’s main goal is to ensure you have all you need during your treatment.
- Compensation – The financial compensation from a mesothelioma lawsuit can cover expenses, from medical to household. When you get your award, there are no limitations on how it must be spent.
- Product identification – Mesothelioma attorneys have tools at their disposal that allow them to pinpoint your exposure history, which often leads to a successful case.
Understanding the Lawsuit Process
Filing a lawsuit can complicated, but understanding the process can help you to decide what is best for you and your family.
- Getting Prepared – In this first step, your attorney should begin asking questions and gathering information to determine when and where your asbestos exposure occurred. This allows your attorney to determine which court, or courts, in which your case will be filed for a favorable outcome.
- Filing a Claim – Filing a written complaint with the court marks the official beginning of your court case. Since each court has different procedures and standards, a skilled attorney will understand rules and regulations and how they apply to your case.
- Defendant Response – Once served with your complaint, the defendant has the right to respond. While the responses may not be accurate or valid, your attorney should be able to counter them based on the circumstances of your case and years of experience handling asbestos-exposure cases.
- Discovery Process – During this critical part of your case, attorneys on both sides will ask personal questions about your health and habits, dig deep into your employment history and closely examine information from doctors, co-workers and loved ones. This process often takes several months, but if you are ill, your attorney can request the process be expedited to ensure you can answer all questions to the best of your ability.
- Deposition – In the process of gathering information, you will likely participate in a videotaped deposition that is aimed at answering questions about topics that include your medical and work background. Your attorney will help you prepare for the deposition by going over possible questions and attending any deposition meetings with you.
- Settlement or Trial – Some defendants may try to settle the case by offering money either before or during the trial. Even if you choose to decline the offer and take the case through the trial process, your appearance in court may not be necessary.
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Choosing a Law Firm
When choosing a law firm to represent you, experience speaks volumes. Your lawyer must have years of experience handling similar cases with successful outcomes. The law firm you choose should be able to answer the following questions:
- How many mesothelioma cases has your law firm handled?
- What information will you need from me to handle my case?
- How often will I receive updates regarding my case?
- Does your firm typically settle claims or take them to court?
- Will I have use my own money to file a lawsuit?
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- RAND Institute for Civil Justice. Links Between Asbestos Bankruptcy Trusts, Tort Cases Examined. Retrieved from http://www.rand.org/news/press/2011/08/18.html