The Processes Involved In Asbestos Lawsuit
Although every case connected to asbestos-related diseases is unique to each other, the steps involved in filing for the asbestos lawsuit are almost the same. Your lawyer takes care of each of the processes and explains them to you going forward.
In most cases, below are the steps involved in asbestos lawsuits:
This is the first step involved in your asbestos lawsuit pursuit. Your lawyer gathers all information about your asbestos exposure so as to know the company responsible for your ailment and where to tender the asbestos lawsuit. In some cases, you can file your complaint in a different jurisdiction.
Before any legal process can start, your attorney will have to submit a written asbestos lawsuit to the court. Your lawyer will get the document ready and file them in the court.
If your case must be attended to, there is a set-down rule your complaint needs to follow on how to write the asbestos lawsuit and provide detailed claim. This shouldn’t be any issue to any experienced attorneys because they must have been used to it already. Your attorney will help present a well-detailed claim to the court.
If you are filing an asbestos lawsuit against more than one company, each of them would be served your lawsuit. They will be given a certain period of time (usually 30 days) to respond to it.
As you may know, it takes ample amount of time for asbestos particles to build up in your lungs before leading to cancer. Between the period of exposure and illness, the company involved in asbestos exposure could have gone bankrupt or changed its name. So it may take you some time to gather all the information needed by the court. Your lawyer will handle this process for you.
In most cases, defendants don’t admit faults. They are likely to reject your suit and stand on the ground that your complaint lacks fact or that something else must have been accountable to your asbestos exposure.
You might even hear them say your illness has nothing to do with asbestos exposure. This is a normal thing so don’t worry over it. Your lawyer will handle all responses from the defendants.
Attorneys from both sides gather information from your allegation, requesting the other party to answer some questions, produce further documents and take part in depositions. The information gathered will likely be used as evidence during the trial.
The discovery period may take couple of months, but the process can be done quickly if the plaintiff is sick. You just have to tell your lawyer to request for a quick process before your illness get worse.
The company’s attorney will find evidence to show that your illness is caused by something else. They will request for a number of information about your life such as work history, personal habit and medical history. They may even go as far as seeking information from your co-workers, former workers, doctors and loved ones.
You may likely have to do a videotaped deposition as time goes on. If that is the case, you will have to swear when answering some questions from the company’s lawyer. The whole process may go on for hours or even days, but everything can be done without you stepping out of your home.
For any questions asked and all responses you need to give, your attorney will handle that for you. It is likely that your attorney will go through the deposition question with you beforehand and help you during the deposition session.
In addition to assisting you in handling all disposition claims, your attorney will present some information backing your asbestos lawsuit that the company negligibly left you exposed to asbestos.
Before the commencement of any trial, a defendant might want to quench the whole case by offering some amount of money. If you turn down the offer, it is likely that the defendant will tender another offer while the trial is ongoing. Your lawyer will be the one to negotiate the whole deal for you.
There are lots of factors that can influence mesothelioma settlements and it is your decision to accept the offer presented to you by the defendant or turn it down and go to trials.
Asbestos lawsuit Trials can vary from each other depending on the court a claim was filed. In most cases, there is absolutely no need for you to be present in court. If the judgment goes in your favor and no appeal is made by the defendant, you will start getting your compensation after few months from trials.
In some cases, even if you succeed in winning the case, the defendants may want to call for an appeal. The appeal is time sensitive though, usually between 1 and 6 months. During the appeal period, any monetary compensation will be delayed, but there will be an agreement of the amount to be awarded by the defendant while appeal goes on.
For an appeal that turns out to be successful, you may end up getting little or even nothing from the defendant. But if the appeal fails, you start getting your compensation package.
An Appeal Court in most cases accepts the verdicts of the judge involved in the case. The only thing decided in the Appeal court is to find out if the trial court followed all the laid down rules related to asbestos lawsuit case.
If there was an erroneous judgment during the process of trials, the Appeal Court may call for another fresh trial. In some cases, the error can just be corrected by the appeal court without ordering for a fresh trial. An example is a case where compensation was not calculated correctly.
If there is an appeal in your case, your lawyer will be there to explain everything to you.
Please comment down if you have any query regarding this process or any step.