The Legal Process

While it’s impossible to predict exactly how a Mesothelioma suit will unfold, below are the major elements of a typical lawsuit of this kind.

• Preparation – Some gathering of information may occur during the initial consultation process.  However, once you have made the decision to hire a particular attorney, you will be asked to sign an attorney-client contract which constitutes a binding agreement between you and the law firm.  Other forms will be signed as well and more information will be requested.  In order to expedite the process, it’s best to compile as much pertinent information as possible before you meet with your lawyer.
• Filing – When substantial information is gathered and the viability of a lawsuit is determined, your attorney will file a legal document informing the defendant as to your intentions as a plaintiff including requests for monetary compensation.  The defendant – the company responsible for your exposure – can respond with either a denial of responsibility or a motion to dismiss the claim.  The latter is often used as a stall tactic, especially in cases where terminally ill patients are near death.
• Discovery – This is a legal term that applies to the period of time when any motions to dismiss are denied and the defendant(s) reply to the claim.  Written questions will be submitted by the defendant, and as the plaintiff, you will be required to answer them under oath.  Detailed medical records will be requested and the defendant may attempt to find other causes for your disease (though, currently, asbestos is the only known cause of Mesothelioma).  Defendants may also try to invoke statute-of-limitation laws.
• Trial – Plaintiffs often find this to be a stressful time, but a good Mesothelioma attorney can help this process to go smoothly.  Steps include:
  • Jury Selection
  • Preliminary Jury Instructions
  • Plaintiff Opening Statement
  • Defense Opening Statement
  • Plaintiff Evidence & Witnesses
  • Plaintiff Rests Case
  • Defense Motions to Dismiss Lawsuit
  • Defense Evidence & Witnesses
  • Defense Rests Case
  • Plaintiff Evidence & Witnesses to Rebut Defense
  • Jury Instructions
  • Plaintiff Closing Statement
  • Defense Closing Statement
    
  • Plaintiff’s Rebuttal Closing
    
  • Jury Deliberations
    
  • Verdict
• Appeals – The defense may appeal the verdict but must first post “bond” for any monetary amounts awarded. 

Outcome and Expectations

Because Mesothelioma is such a serious form of cancer, courts often give preference to living defendants so that they may begin receiving funds to assist in procuring treatment, which is often quite costly.  Many living defendants begin to receive compensation with 4 months.  Many cases are complete within 6 to 12 months, measured from the beginning of the process until a verdict is reached and the case is closed.