What to Expect When Filing an Asbestos Lawsuit
order to receive compensation. The answer is – most likely, yes. Most companies that manufactured and sold products with asbestos continue to deny that they are responsible for asbestos-related illnesses in their victims. Because of this, most experts agree that it would be highly unlikely for an individual to receive compensation by merely contacting them and asking for it. Some form of mesothelioma asbestos law help will be required. Some states may also cover you under workers compensation, but this coverage does not provide sufficient benefits for these fatal illnesses.
Once you realize an Asbestos Lawsuit is required in order to receive the amount of money you deserve for your illness, you may wonder what is required to file a claim. It is important when you are seeking advice to understand each individual lawsuit will vary somewhat but most will require similar steps in order to be successful.
First, the preparation for your Asbestos Lawsuit should be extensive. Your lawyer will have many questions for you ranging from where you worked – from as far back as 50 years – and what kind of work you performed while there. They may also want to know if you are still friends or in contact with anyone that worked with you because they, too, can be at risk. An asbestos lawyer will want to know what asbestos products you might remember handling along with the length of time you were there working.
Second, to file your Asbestos Lawsuit, your lawyers will prepare a formal complaint. This document will be served on the defendants from the court informing them about the nature of your claim, the legal basis for recovery with a demand that they respond or a judge will enter a judgment against them. The people you have filed the case against – the defendants – will file an answer to your complaint. If yourlegal team has filed the case on any grounds that could be deemed by the court as being able to dismiss on legal grounds, a judge will dismiss your case. Depending upon the reason for dismissal, you could file again. If you have missed your state’s statute of limitations or your medical history does not show valid exposure, you probably will not be able to re-file. Normally, these types of motions can delay a case by three months or longer. This is a dirty tactic sometimes used to prolong the case if you are dying of cancer in the hopes that you will not be alive to testify for the trial.
If your Asbestos Lawsuit is accepted in the court, your third step will be discovery. The defense lawyers can submit questions to your legal team that you are required to answer and swear to under oath. They will also want to obtain all of your medical records in hopes they can find another reason for your medical status. They hope to show that you knew or should have known asbestos made you sick at an earlier time. Many tricks and procedures are followed during this phase. The defense will also take testimony from you and your witnesses as a deposition all in an effort to disprove your case.
The last step is the actual trial, if the case is not settled or dismissed. It is important to note that most cases are settled out of court and a trial phase is not necessary.