A Comprehensive Guide on How to File a Mesothelioma Lawsuit

Mesothelioma Lawsuit

Last Updated on February 14, 2024 by Nasir Hanif

A mesothelioma is a form of cancer. The primary cause so far is asbestos fibers. If you’ve worked in the industrial sector or lived in an older home, you may have had exposure. Since cancer came about by no fault of your own, you’re allowed to go for a lawsuit. Companies that continue to use asbestos in their products need accountability. If you’ve worked for such a company, you should file a mesothelioma lawsuit against them.

That is because not only is mesothelioma an aggressive form of cancer, it is also hard to treat. With piling medical expenses and a difficult lifestyle, you deserve compensation. However, when it comes to filing a lawsuit, you need to follow a proper process. The process will ensure that the court takes up your case and you can present your arguments. If you feel overwhelmed by the legal process, we will break it down for you. You only need to know the basics to get yourself started. Here’s how you set out to file for a mesothelioma lawsuit:

Find Proper Legal Representation

Like any legal case, you need a proper lawyer. Remember that you’re going up against a company, so you need experienced and seasoned lawyers. The best way is to Google the leading mesothelioma law firm in your area to help you find your match. The algorithm will always connect you to the right platform, whether you’re on the west coast or the east coast. Don’t compromise on getting the right lawyer. Trials can go on for a while. It would help if you had a professional committed to you regardless of how long the process goes. A lawyer will also guide you best on what documents you need to gather. They will handle all the lucrative paperwork for you. They also know how to talk about the evidence in court, which will help your case.

Statute of Limitations

Your lawyer can guide you best on the statute of limitations of your state. Every lawsuit has a deadline. From the time you discover your injury, you are on a deadline. If you don’t file in the given time, you will not be able to get compensated. Statute of limitation varies between states. For example, if you’re filing in California, you have one from when you could not work. Therefore, the minute you get your diagnosis, you need to seek a lawyer. It would be best if you also had time to build a case, so the earlier you desire a lawyer, the better. However, you don’t need to live in the state you’re filing for. You may live in Illinois and file in California. But the state you’re filing in, their statute of limitation will get considered.

Determine Where You Got Exposed

The crucial detail in your case is determining where you got exposure. Your lawyer may want to know all possible areas where they may have been asbestos. If you worked in construction and handled the roof work, you are highly likely to inhale asbestos fibers there. Mesothelioma takes several decades to come into the picture after exposure. So there is also a possibility that you may have gotten exposure at home. If your partner worked with asbestos, there is a chance you caught asbestos from them. Once you determine the most probable source, your lawyer will file a lawsuit against all responsible parties.

Initiate the Discovery Process

The first step to your court is the discovery process. Both parties are discovering how the incident came about. Since you’re still in the early process, the defense will require evidence. Between both parties, there will be numerous exchanges of documents. The defendants will ask for copies of your medical records, while your lawyer will need copies of documents approving asbestos. Part of the discovery process is your deposition. Your testimony is for the defendants. You will be under oath, and a court reporter will ask you questions about your lawsuit. The defense will also submit their testimony for you. Your lawyer will walk you through your deposition. The process is essential to take the case further. Depositions may or may not get used in court; it depends on the judge.

Expect Counter Arguments

Not every company will readily accept your lawsuit. Some defendants will try to convince the court that they are not responsible for your illness. Some will deny their location ever having asbestos. They may claim you may have contracted mesothelioma elsewhere. They may even use other elements of your health against you. Suppose your medical records show you were a smoker, or you had an injury before. Don’t be surprised if the defense team tries to pin cancer on you. You need to expect rebuttal arguments. A key takeaway is a defense is not trying to be respectful. They’re trying to win. However, you don’t need to worry. Your lawyer will handle these arguments for you.

Timeline of a Trial

Mesothelioma is a painful disease. If you’re the plaintiff, the court will consider the prognosis of your illness. The schedule of the trial will stretch more than the regular timeline. You can expect a trail to go for a year or even more. If a verdict gets announced and the defendant appeals, it expects it to go longer. However, trials are risky. You have no way of knowing where the verdict may land. But, the compensation out of a trial can be much higher than a settlement if you win the case. So if you’re going to trial, strap yourself in for a good year or more. So, when it comes to designing a budget, keep in mind you have a long trail ahead of you.

Wrap Up

If you’re going for a mesothelioma lawsuit, you need to know what you’re dealing with. Lawsuits follow a proper process. Lawyers need time to collect evidence and file a lawsuit. So the minute you get your diagnosis, seek out a lawyer. Make sure you pick the best legal firm to represent you. Lawsuits are expensive, and you want to get the best outcome. Once you initiate the process, you need to trust your legal representative all the way. Some companies may settle, while others may demand a trial. In either case, your lawyer will tackle the case for you. The result of any settlement is compensation, while a trial depends on the jury’s verdict.

Read More: How to Battle Life Complications After Mesothelioma

Apart from that, if you are interested to know about What Is A Wrongful Death Lawsuit then visit our Lifestyle category.