Mesothelioma Lawsuit
Questions & Answers
Is a mesothelioma lawsuit right for you? The best way to answer that is with another question: Are you an attorney?
There are many issues involved in a mesothelioma lawsuit, ranging from the stage of the disease in the victim, to the origin of the asbestos exposure, to the statutes of limitations which vary in each state and may render your claim null and void.
In fact, there are so many complicated legal and medical issues to consider in filing a mesothelioma lawsuit, a specialist is needed to weigh your claims to determine if a lawsuit is right for you.
That specialist is an attorney. Not just any attorney, but one who specializes in mesothelioma. One who knows the law. One who can quickly find the answer for you.
The following are mesothelioma lawsuit Questions & Answers:
I Think I've Been Exposed To Asbestos. Should I File A Mesothelioma Lawsuit?
You not only need to show that you were definitely exposed to asbestos, you also need to be diagnosed by a doctor as having an asbestos-related disease.
How Soon After I'm Diagnosed With Mesothelioma Should I Wait To File A Lawsuit?
Don't wait! Contact a mesothelioma attorney immediately.
Mesothelioma is a disease that progresses rapidly. You'll need financing to help you and your family through this period and beyond.
But more importantly, the courts have made it much easier and quicker to recover financial compensation while the victim is still alive. Further, the victim is the best person to identify the asbestos products he or she was exposed to, along with information about the company where they worked.
I Don't Have Much Money. How Will I Pay The Attorney?
The best mesothelioma attorneys work on a contingency basis. What that means is that you don't pay a penny unless you win. They'll do the investigating. They'll file the suit. If you don't win, you owe them nothing. If you do win, they will take a percentage of the recovery, usually between 30% to 40%.
There Are No Mesothelioma Attorneys In The State Where I Live. What Can I Do?
Many mesothelioma lawfirms are considered nation-wide in that they partner with attorneys in other states to gather material which will then be used for your mesothelioma lawsuit. For instance, if you contact a mesothelioma lawfirm that's 1,000 miles away, that lawfirm will be in touch with you via phone and begin an investigation. That same lawfirm will also contact a partner attorney in your area who will even come to your home to interview you. All information and investigation will be sent back to the original lawfirm you contacted, where they will represent you in the lawsuit.
After I Contact An Attorney About Filing A Mesothelioma Lawsuit, What Can I Expect?
The attorney will call back to get preliminary information, then either she or her representative will go to your home to conduct an interview.
During the interview, the attorney will ask you about your parents' occupations, where you lived, your own occupation, etc., to get an idea of how and where you were exposed to asbestos. Many attorneys specializing in mesothelioma lawsuits have photos and pictures from hundreds of asbestos and asbestos-related companies. These pictures are used to jog your memory.
Once a determination has been made, the attorney contacts your friends and co-workers to see if they have any further information which may be helpful in your suit.
After this process is complete, the attorney will determine the best court in
which to file your lawsuit. Regardless of where your case is filed, you do not
have to travel there unless you want to. All of your involvement can take
place in your home, or from the city where you reside.
Once your mesothelioma lawsuit is filed, you enter into the "discovery phase". This is
when an exchange of all relevant information regarding your case, including your medical, employment, and military records, is made with the defendants. You
will be asked to complete a questionnaire, which will be used to answer standard
interrogatories.
Interrogatories are a set of written questions that are exchanged between
the defendants and your attorney. During the "discovery phase" your attorney can also
direct written questions to each of the asbestos companies about your
specific case. The purpose of the discovery phase is (1) to prepare for a
jury trial and (2) to gather information for settlement discussions between
the lawyers for the asbestos companies and your attorney on your behalf.
It is at this point that many of the settlement offers are made. Few defendants (asbestos and asbestos-using companies) want to go through a jury trial.
If no settlement offer is made, then approximately three months after your initial contact, you will be deposed by your attorney, and by the attorneys for the asbestos
manufacturers. Your deposition (testimony under oath, but out of court) will
be videotaped, either in or near your home. Your mesothelioma attorney will travel
to your home prior to your deposition to help you prepare. The actual length
of the deposition can vary, depending on the complexity of your case, but
usually lasts between one to five days.
If one or more defendants refuse to offer a fair settlement, you may
choose to go to trial. A trial is usually set to begin approximately four
months after you first contacted your mesothelioma attorney.
How Long Does The Trial Last?
A jury trial lasts approximately 3-4 weeks.
How Much Can I Expect To Win?
See
mesothelioma settlements.
How Long Before I'm Paid?
When a case goes all the way through to a verdict, the losing party usually appeals. This means that the final outcome can be delayed for years. If the mesothelioma victim dies during this time, the attorney will then file a "wrongful death" mesothelioma lawsuit against the defendant. However, once the outcome is final, payment is usually released within 3 months.
Isn't It Wrong To Sue The Asbestos Companies? Afterall, They Were As Ignorant Of The Dangers As I Was.
The truth is, as far back as over 100 years ago, the largest manufacturers of asbestos and asbestos-related products not only knew of the inherent dangers in their materials, they
engaged in a coverup
and tried to hide them. This was standard operating procedure for the asbestos industry.
How Do I Find A Mesothelioma Lawsuit Attorney?
Just
CLICK HERE TO FIND A MESOTHELIOMA ATTORNEY.
The content of this web site has not been prepared or endorsed by any physicians or other licensed medical or legal professionals. Nothing on this site should be taken as medical or legal advice. The purpose of this site is to provide victims and their loved ones with useful information and access to other resources.
Mesothelioma victims are encouraged to consult with their physician for medical advice and with a mesothelioma attorney for legal advice.