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Filing a Mesothelioma Lawsuit

A mesothelioma lawsuit can be filed by anyone who has been diagnosed with mesothelioma, but it has the strongest chances of success if the plaintiff's medical history suggests that the causative asbestos exposure occurred on a jobsite.

Mesothelioma patients typically do not have a very long life expectancy. In the event that a mesothelioma victim dies before a lawsuit can be filed, the executor of his or her estate can file, as can another family member. In instances where a family member has been diagnosed with mesothelioma through secondary asbestos exposure, that family member has the right to file on the original mesothelioma patient's behalf as well as his or her own.

Choosing a Mesothelioma Lawyer

While most civil litigation is best handled by a local attorney, asbestos litigation is a specialized field of law. It's best to work with an attorney who has experience in this field. Before you begin working with an attorney, find out how many asbestos clients the lawyer has represented, and how successful that representation has been. Once you begin working with a lawyer, it can be difficult to terminate that relationship without permission from the court.

Finding the right attorney to represent you or your loved one is extremely important. A poor choice could result in no recovery at all or at the very least could cost you hundreds of thousands of dollars. You want a highly recognized firm with a reputation for excellence throughout the United States and Puerto Rico on your side particularly in view of the fact that most mesothelioma defendants are large, multinational corporations who can and do hire the best available defense attorneys.

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The Mesothelioma Litigation Process

Mesothelioma litigation begins with an investigation. Your attorney, working with an investigator associated with his or her firm, will ask you questions related to your family, your occupational history and your health status. The investigator will then substantiate your claims.

The lawsuit formally begins when your attorney files complaints in court naming all the companies implicated in your asbestos exposure. Typically these complaints are lodged not only against previous employers, but also against any companies that may have manufactured, distributed or installed the asbestos-containing products that caused your exposure. These companies generally have about one month to answer the allegations your attorney makes.

The next part of mesothelioma litigation involves the discovery process. Both plaintiffs and defendants will gather together legally admissible information to substantiate their positions in the case. Such information can take the form of written questions (interrogatories), subpoenas and depositions.

Your attorney will move to have your case put on a trial calendar as soon as possible. However, in the majority of mesothelioma lawsuits, cases do not come to trial but are settled out of court.

In many instances, particularly when the defendant companies have filed for Chapter 11 bankruptcy, your attorney assist you in filing for compensation from one of the many trusts that have been formed to deal with claims against a particular company. Generally speaking money from a bankruptcy trust can be obtained very quickly with unnecessary delay. It is very important to have an experienced attorney on your side who can expedite the settlement process with the bankruptcy trust.

Most reputable firms represent clients on a contingency basis which means that the client will not be responsible for his or her attorney fees or costs unless the attorney recovers money for that client. Simply stated you do not have to pay money up front to hire the best possible firm in the country to represent you. The Mesothelioma Center has collected facts about the legal options available to mesothelioma patients, as well as information about treatments, physicians and financial resources in a packet that it is pleased to make available to you at no cost. To receive your free information packet, please fill out and submit the form above.

Want to know More About Mesothelioma?

The Mesothelioma Lawsuit Center can send you a Free Mesothelioma Packet with additional informattion on topics such as:

  • Clinical Trials
  • The Latest Treatments
  • Cancer Centers
  • Doctors & Specialists
  • Occupational Exposure

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