The legal process for obtaining compensation for mesothelioma varies depending on the nature of your case. The following is the general process following the filing of a mesothelioma claim.
Once you have settled on an attorney, you will sign a contract confirming your legal representative. Your initial meetings and consultations with your lawyer will lay the foundation for your case going forward. The initial exchange of information; including medical, occupational, and personal history, will provide your attorney with the information necessary to build a strong case and provide you with information regarding the course of legal proceedings specific to your particular case.
As your attorney investigates the means by which you were exposed to asbestos, he will formulate a list of defendants against whom to make a claim. A typical mesothelioma case involves multiple defendants (often 20 to 30), including manufacturers of asbestos products, manufacturers of equipment that incorporates asbestos containing products, and premises owners.
After your attorney identifies the defendants, a formal complaint is filed. The complaint informs the defendants that they have been sued, the nature of your claims against them, as well as the compensation you (the claimant) seek. Your attorney will decide which type of claim will produce the best results in terms of both compensation and bringing those accountable for your disease to justice.
After the complaint is filed, but before settlement or trial, you and your lawyers will exchange information with the defendants and their attorneys. This exchange of information will include the gathering of medical records, the taking of depositions, and the exchange of written questions and answers between the various parties. Though this process might seem very involved, it will be taken care of almost entirely by your attorney and your participation in the process will be organized so as to minimize interference with your medical care.
After exchanging information concerning your medical condition, and the culpability of the defendant companies for your mesothelioma or asbestos related cancer, generally, certain of the defendants will offer to settle. Most defendants implicated in exposure to asbestos choose to settle a case before resorting to trial. The defendant’s counsel will contact your attorney with a settlement offer, and you will be consulted whether or not to accept.
If settlement cannot be reached with one or more defendants who are responsible for, or contributed to your asbestos exposure, your case will go to trial and a verdict will determine the accountability of the remaining defendants as well as the compensation to which you are entitled.
Contact Us
To discuss your case and the next steps to take, contact us at 212-980-8866.