Mesothelioma Case Process
Many mesothelioma patients hesitate to file a lawsuit because they do not know what to expect. An experienced lawyer can simplify the process and get you the compensation you deserve.
What to Expect When You File a Claim
Many mesothelioma patients are intimidated by the thought of filing a lawsuit, but the process is actually a lot easier than many people probably realize. Lawyers experienced in mesothelioma cases can help simplify the process by doing most of the work for you.
Benefits of Filing with an Experienced Lawyer
They Travel to You
Regardless of where the best lawyer for your case is located, they will travel to wherever you are.
Most Cases Settle
Very few mesothelioma lawsuits go to trial. Attorneys can negotiate a settlement fairly quickly in many cases.
Get Help Filing Your Mesothelioma Claim
Why Get a Free Case Evaluation?
- It’s completely free to learn find out your legal options.
- It’s also free to get connected with a top lawyer.
- Most cases settle out of court.
Steps of the Legal Procedure
An attorney handles most of a claim without needing much contact with the patient, allowing patients to focus solely on their health and treatment. While each individual case is different, most mesothelioma claims follow the same general steps.
These steps usually include:
- 1Preparation – Attorneys help determine the source of asbestos exposure and prepare your case for filing.
- 2Filing – The claim is filed in the state(s) most advantageous to the case.
- 3Discovery – Attorneys evaluate all available evidence such as work history and exposure time.
- 4Negotiations – Attorneys meet to negotiate a settlement amount to avoid going to trial.
- 5Trial & Judgement – If the case makes it to trial, a judge will declare a verdict. Less than 1 percent of cases make it to this stage, as most mesothelioma cases come to a settlement.
Mesothelioma Claims Process
The first step to filing a claim is getting in touch with a lawyer who has experience in asbestos cases. After you find the right lawyer, he or she will guide you through all the pertinent questions regarding your personal, medical and occupational history in order to build a solid case of asbestos exposure.
At this point you may record medical expenses and physical discomfort and disability you’ve incurred because of the disease. Your lawyer will help you through this process to determine the most relevant aspects of the history of your disease. Find an experienced lawyer who can help you easily file a mesothelioma claim now.
The Discovery Phase
During the discovery phase, your lawyer will gather key witnesses and medical experts. You may give testimony in the form of a deposition during this stage of your case. The defendant(s), or the companies accused of negligence, will try to prove their innocence during this phase. By building a solid body of evidence during the pre-litigation phase, you can help ensure that your case will be fairly and accurately ruled on. In most cases, your lawyer will appear in court on your behalf so that you can focus on your health and treatment.
Settlement or Trial
If both parties are able to reach a settlement agreement, the case won’t need to proceed to a trial. Most mesothelioma cases never reach the trial stage. An experienced attorney often reaches a settlement with the defending party and gets to a settlement as quickly as possible.
Why File a Claim?
Many patients struggle with filing a legal claim because they don’t think they’re the type to sue. Members of the military are also hesitant to file because of a false notion that they would be suing the branch of military they served in.
Ultimately, filing a claim is the only way to provide justice to innocent victims of asbestos exposure. Mesothelioma patients are different than most other cancer patients in that they are victims of corporate negligence. For this reason, patients should take the same care in finding a legal specialist as they do in finding a medical specialist.
After a successful settlement or trial, mesothelioma plaintiffs typically recover compensation for the following factors:
Overcoming the Hesitations of Filing
There are many misconceptions about mesothelioma lawsuits, from how they work to the likely success rate. Mesothelioma has a long latency period, taking anywhere from 20 to 50 years for symptoms to show up after exposure to asbestos. Because of this, many patients shy away from filing a claim because they doubt how successful it could be after that amount of time has passed.
Other misconceptions about mesothelioma cases include:
- Legal claims are a lengthy process
- You will have to travel
- You can’t file if you do not know who is responsible for your exposure
- Claims relating to military exposure are filed against the branch of service
Educating yourself about your options can prevent you from losing out on compensation to which you are entitled. Getting maximum compensation can mean the difference between financial security and years of medical bills and stress. For this reason, patients should file their claim as soon as possible.