mesothelioma lawsuit

mesothelioma lawsuit

Mesothelioma Lawsuit & Asbestos Litigation Guide

Since more than 600,000 victims have filed a suit for asbestos exposure in the past decade, asbestos litigation has become some of the most expensive and intricate types of cases in the history of United States court cases. The majority of these lawsuits are made up of plaintiffs who have been diagnosed and are suffering frommalignant mesothelioma or other diseases after prolonged exposure to asbestos in the workplace. In other instances, a lawsuit is filed on behalf of the victim by loved ones in the event that the victim suffered fatal injuries.

After filing a mesothelioma lawsuit, there is a strict process that every plaintiff and defendant must go through and follow as mandated by federal and state laws. Depending on the case, the mesothelioma lawsuit process can take a few months to several years.

It’s always advisable to retain an attorney who is experienced with asbestos litigation as this area of law is extremely intricate and difficult. An experienced asbestos attorney will be able to guide you through the process and help you fully understand your legal rights.

Filing a Lawsuit

If you or a loved one is a victim and you’ve decided to file a lawsuit, keep in mind, as previously stated, you must follow certain procedures and legal representation is imperative. Asbestos laws and lawsuits have an array of complications that the average person typically cannot handle alone. An experienced asbestos attorney understands this process and will help you significantly.

To begin the lawsuit process, you and your asbestos attorney will start by gathering pertinent information that will help you to prove your case. For example, typical information consists of your past employment, medical history and reports, medical expenses, documentation of asbestos in the workplace, physical disabilities, activities you can no longer do, and more. Your asbestos attorney will be able to give you specific details as to what information needs to be gathered for your specific case.

Once the information has been collected, your attorney will file what is known as a complaint, also called a written complaint. A complaint is a document submitted to the court that describes that basic information on your lawsuit, legal references that substantiate your claim, names of other parties involved, and what your desired outcome. Keep in mind that other parties involved may be one person or company, or several. Once your complaint is submitted, it will get the process rolling in the court of law. The defendants involved will receive notification letting them know that you have filed a lawsuit against them. The defendant will receive a copy of the complaint and will then have a certain amount of time to file a response. Usually, 30 days are allotted in order for the defendant to respond to your lawsuit. Once a response is received, your attorney will spend time preparing the arguments and evidence in the lawsuit. This process is known as “discovery.”

If the defendant does not respond, the court may enter a judgement against them, which results in a default lawsuit in your favor. At this point, your attorney will be able to provide you with information regarding your damages won.

The Discovery Phase

During the discovery phase, the defendant’s attorney will typically try to rebuff your case and look for evidence that their client did not cause your illness. It’s your attorney’s job to gather as much evidence as possible in order to prove your case. Because of the complexities involved during this part of the procedure, the discovery process may take several months or more to complete, making it longest part of the lawsuit process. Both sides are afforded the opportunity to investigate the other side’s information and position regarding the case. In addition, during this phase, the likelihood of the case going to a trial vs. a settlement will become more apparent. For example, the defendant’s attorney may see that the evidence against their client is overwhelming whether through medical documents that supports the case, past work history of the plaintiff, history of asbestos use from the defendant’s company, and more. At this point, the defense may decide to negotiate a settlement instead of rebuffing the evidence. If this happens, the discovery phase will be shortened significantly.

Once the discovery phase is over, your attorney may also offer to settle out of court with the defendant. If the evidence is strongly in your favor, the defendant’s attorney will have no problems attempting to negotiate a settlement. If, however, the defendant refuses the settlement amount, going to trial is the next step.

How Long Does an Asbestos or Mesothelioma Case Take?

Most asbestos cases are settled before they ever get to a jury (meaning the parties agree outside of court to the amount of money damages the mesothelioma victim will get). If you have gathered all the facts about your medical condition and employment history, and your lawyer runs an efficient office, and there is an easily identifiable payment source -- such as an insurance company or an asbestos victims' trust fund -- you may get your money in less than a year from the date your lawsuit is filed. But in other situations, where the amount of money damages depends on going to trial (or at least threatening to do so), it can take two years or more. Fortunately, the court rules in many states recognize that mesothelioma victims have a short life expectancy and as a result, fast track their lawsuits.

How Much Can I Recover?

The dollar amount you are likely to receive as compensation for developing mesothelioma is hard to estimate. Some cases result in settlements or jury awards in the millions, while similar ones settle for comparatively little. This is because over the years, many companies that manufactured or installed asbestos have closed down or gone bankrupt, which in turn has resulted in courts' requiring that large funds be set aside to compensate future victims. Some of these funds are still large enough to pay out all claims at full value, but others have been depleted to the point that far less is available, so settlement amounts must be rationed.

In addition to the size of the asbestos victims' compensation fund available for payment, each victim's particular mesothelioma illness and how it has affected their life is important to arriving at a cash settlement or jury verdict. The dollar amount of wages lost due to the illness, the cost of medical expenses, and, usually most important, the degree of the victim's pain and suffering are all key factors in putting a dollar value on a particular case.

A third factor in estimating how much money damages you'll recover is time. When cases are settled relatively quickly, the amount recovered tends to be significantly less than if your lawyer waits to present your case to a trial jury. But preparing and conducting a jury trial may take several years, whereas settlements can often be arranged in a year or less. For this reason, many seriously ill plaintiffs prefer a relatively quick settlement, and this is especially true when they learn that some lawyers charge substantially more when a case goes to trial.

All of this being said, many mesothelioma cases result in settlement or awards in the range of $1 million to $5 million or more, but when attorneys' fees, court costs, and medical expenses are subtracted, victims often end up with around two-thirds of these amounts.

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