Choosing a Mesothelioma Attorney
The first step in a successful filing process is choosing an attorney. If you worked for a large corporation that closed or is bankrupt, funds were likely set aside to help pay medical and related expenses for mesothelioma patients.
A mesothelioma attorney is knowledgeable about these funds and will help you file a claim. In addition, a mesothelioma attorney is familiar with asbestos manufacturers and will determine who is responsible for your suffering.
When you talk to the asbestos attorney, be prepared to discuss past employment, health history and current health status. It is very important to hire a lawyer you feel comfortable talking to.
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Mesothelioma Lawsuit Process
While everyone’s case is different, there are certain steps that apply to nearly everyone who files an asbestos-related lawsuit. Your attorney will handle each of these steps and explain the process along the way.
For the most part, mesothelioma lawsuits follow these steps:
Your attorney will gather information about your history of asbestos exposure to determine who is responsible for your condition and where to file your lawsuit. You may be eligible to file your lawsuit in more than one jurisdiction.
Your lawyer must file a written complaint with a court to start the legal process. Your attorney will prepare and file this document. For your case to move forward, your complaint must follow different court rules on how the document is written and the details it provide
s about your claim. An experienced attorney will be familiar with these rules and use this knowledge to help present your claims to the court.
Each defendant in your lawsuit will receive a copy of your complaint. They will have a certain amount of time — usually 30 days — to respond.
Because many years have likely passed since your asbestos exposure, the responsible company could now be a different company or could be bankrupt. It may take some time to locate and provide the appropriate people with your complaint. Your attorney will oversee this process.
Defendants rarely admit fault. They most likely will deny your claims and argue that your complaint is not valid or that someone or something else is responsible for your exposure to asbestos. They may even claim that your condition is not related to asbestos exposure. Don’t worry. This is normal. Your attorney will reply to each defendant’s responses.
WHAT TO EXPECT FROM DEFENDANT RESPONSES
Lawyers on both sides gather information about your allegations, asking the other side to answer written questions, produce documents and participate in depositions. Some of the information will become the evidence used at trial. Discovery may take several months, but if you are very sick, your attorney can ask the court to speed the process along before your condition worsens.
The defendant’s lawyers will look for evidence that something or someone else caused your illness. They will demand personal information about you such as your m